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  • navyug
    04-02 12:09 AM
    Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and is a long list of 12 page denial..already filed ac21 with the other company..

    You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.

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  • Libra
    07-11 08:24 PM
    Beware he might shoot you:D bad idea

    Expecting help from Cheney ?:confused:

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  • anilsal
    03-21 12:37 AM
    Additionally, can your attorneys makes copies of RFE response sent and attach it to the MTR maybe? I do not if that is possible or allowed or will make any difference.

    I just learned that from you that there is a 33 day deadline on answering RFEs. What if the mail got lost in transit? How will the applicant/attorneys really know (unless of course you have done the online case status registration).

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  • njdude26
    07-12 02:25 PM
    it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?

    good luck.....

    I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .

    This is an RIR filed in Oct'02 in PBEC


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  • desi3933
    05-11 08:30 PM

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.


    >> In this case they are eligible for FB2A. So it nullifies that.
    No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.

    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.

    Not a legal advice
    US citizen of Indian origin

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  • singhsa3
    03-11 02:16 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments


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  • sam_hoosier
    06-22 04:34 PM
    Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?

    If you are just looking for the least expensive option, try CVS. The pics dont come out bad ;)

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  • kams
    06-19 06:14 PM
    I spoke to Cigna (I have Cigna access plus). As long as claims are for preventative care, Cigna will reimburse. Vaccinations, Tests and X-Ray will be covered. I intend to file a claim, let's see whether I get anything.


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  • vandanaverdia
    09-12 11:49 PM
    Keep up the good work in inviting members & initiating to re-activate the WA/OR chapter!

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  • krishna_brc
    02-09 05:17 PM
    Link - The link is not working..
    Krishna/Sri, could you give me the correct link.

    Thanks Krishna / Sri for very useful information. I will try this option before the other ones.

    Thank you very much.




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  • mrdelhiite
    07-26 02:29 PM
    Thanks for your answers. I have already asked my friend to join IV.

    Is there anyone who has recently filed labor - PERM ? Can you share your experience?


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  • srisra
    07-13 09:21 PM
    i am also in the same situ.
    my lawyer asked me & my wife to sign a document before he proceeds. I was supposed to sign it today. but i am scarred.
    the other thing is if uscis rejects it, i have to pay my lawyer add'l $250 for re-filing.
    i just spent $650 for medicals taking time off..
    not worth...
    i am getting frustrated... and can t control....


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  • waitingnwaiting
    05-20 09:32 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.

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  • number30
    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.


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  • mysticpine
    08-11 10:59 AM
    you can also get a pobox and fill change of address to pobox for 6months at your pobox USPS
    all the mail to the old address goes to this pobox automatically
    (po box can be in another city as well)

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  • VenuK
    07-10 07:35 PM
    Hi SDDesi,

    That's a good point. i will talk to my attorney and senior attorney from other resources.


    Hi raysaikat,

    I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
    only i have received approved I-797 with company Y on Jun 5, 2008.
    addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.

    coming to second point
    i dont think my current client will give me that kinda luxury working from remote place,

    what is TAL?
    what information is provided there.
    what do i need to look for in there.
    do u have any link where i can look into it, if so pls email me at
    kvenu135 at hotmail dot com
    please email me anyone who reads this thread/post with your advices.
    I would be more than happy to appreciate it

    With Thanks,


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  • rockstart
    03-01 07:28 PM
    Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.

    Hey Tiger,

    Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.

    Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension

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  • paskal
    11-01 11:42 PM
    1. there has been a recapture for nurses once already- 50,000 GC
    therefore older PD's are likely to have a GC already, this lot is likely to be for newer applicants

    2. last time USCIS did this in a way that did not benefit EB3. instead of starting with recapture numbers right away, they first exhausted the regular quota, so all nurses already coming up for GC got numbers from the annual quota, then they gave recapture numbers to people with more recent applications

    of course, either way in the longer run it reduces the number of people in line. but it would be nice if everyone that is waiting could benefit, not just nurses. i'm not writing this to oppose nurses relief or anything, just a factual comment. i do wish they had found a different way- exempt nurses from the quota and allow recapture numbers to be used for everyone...

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  • vgc
    07-26 10:39 AM

    05-14 10:31 AM
    RD: 01/19/2007
    ND: 01/22/2007
    LUDs: None
    RFE: None
    Category: EB2
    Status: Pending

    07-31 03:53 PM
    Option 1 - If she has been out of the USA for a significant amount of time for which you have proof, that time can be recaptured. I did this and recaptured 7 months. And Yes she can work for the time recaptured.

    Option 2 - She can leave the country now, before here 6 years finishes, come back later and maybe use her GC or recapture the time that she spent out of the US then.

    Hope this helps

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