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ksircar

05-11 10:20 AM

Guys,

I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

http://capwiz.com/aila2/issues/alert/?alertid=9589591

Letter content pre-exists if needed you can change.

Let's inundate senate & other members with what we are facing..

-IV2007
EB2 Labor Pending

But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?

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pappu

10-01 11:03 AM

Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).

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Joybose

08-14 02:58 PM

Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.

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Refugee_New

03-19 03:05 PM

Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)

I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.

Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?

[EB3 - I , PD May 2001, RD July 30 07, Nebraska ]

Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.

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boston_guy147

02-18 03:22 PM

This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

Thanks a lot - your help is much appreciated!

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srarao

07-19 04:23 PM

I read some posts and they say we need to go to local heath dept.If some one has exp ,I just wanted their suggestion

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raamskl

07-20 09:57 PM

I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.

browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf

it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.

My advice is to call USCIS and inquire about it, sometimes they are very helpful.

Cheers.

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nousername

04-07 01:48 PM

Thanks for a quick explanation.. So basically we are hosed if we leave our employer on a bad note and he decides to use our labor for someone else.

Follow up questions:

1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.

2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?

3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.

4. If people in point # 3 are not affected then are they off the leash?

Thanks.




In very basic terms.

If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.

Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....

Mind you this is all relates to pre July 2007.

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tabletpc

09-27 09:27 AM

yesterday in Lou Dobbs i heard that an illigal immigrant who was arrested at the border of mexico stole the border patrol vehicle and drove back to mexico in that vehicle. Later helicofters were sued to recover the vehicle. LOL...!!!!

I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.

Sometimes i feel its high time to reconisder the US dream...!!!!

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eb3_nepa

04-27 06:13 PM

Apologise for 2 threads on the same thing. Tried going back and modifying the text a little bit, only to create a new thread.

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BharatPremi

05-21 10:23 PM

Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.

Saileshdude,

Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?

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greencard_fever

08-04 04:17 PM

I just checked my A#'s on both approved I-140 and pending I-485 both are different..what should i do now..do i need to call USCIS to open a ticket to reconsile the two A#'s or it's ok to have like this:confused::confused:

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Marphad

01-12 12:21 PM

I concur with you, Marphad.
Its illegal to mail passport cross border.

My bad! You are right.

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vxg

09-03 01:43 PM

I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.

Will add companionship i am at TSC with an EAC receipt no and still waiting wherein i see that they are approving cases with Dec 04 priority while folks with Jul 04 are still waiting. The RD and ND is useless too as i am seeing aprovals for folks who mailed there apps after me one guy posted on IV that he filed I-485 in 2008 with Dec 04 PD and got approval. This seems like last year where they completely ignored 2004 folks and approved 2005 and 2006 cases. I do not have much hope this month either.

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immieb2

04-03 03:06 PM

I am not sure how long it is going to take for the appeal but b1 may not be the right choice "not supposed to work on B1".

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Siddharta

09-26 04:41 PM

If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.

Are you 100% sure about this.

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ilikekilo

07-17 02:02 PM

DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.



given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..

please aks yourself..what did u do for IV....what can u expect...

if u are a very active member and did contribute to IV, please accept my apologies

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permfiling

01-18 09:08 PM

All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.

Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases

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gman

12-22 11:07 PM

Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.

If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?

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Beta_mle

02-20 06:52 PM

Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.

Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.

Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?

Thanks!

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desi3933

02-18 07:55 PM

One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.

Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.

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