Saturday, June 25, 2011

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  • boreal
    08-29 01:54 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

    My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)

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  • telekinesis
    10-20 10:40 PM
    Oh shut up, you have a *beep* load of posts. :crazy:

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  • svr_76
    06-16 03:22 PM
    I am going for an InfoPass appointment tomorrow and thought of asking the members is the following questions seem appropriate. I dont expect the officer to answer all/any of them..but just thought of listing them..incase I get lucky and get a helpful officer.

    - Is my case with an IO desk?
    - Since when is it with an IO desk?
    - if and when my background check updated?
    - is background check same as IBIS check? If not then is IBIS check complete?
    - if and when my FBI name check completed?
    - is review awaiting some response from external agency
    (Consulate post/FBI/BCP)?
    - If under "additional review" What kind of "additional review" is it under?
    - Expected time-frame for the additional review to be complete?
    - Is it being actively worked on or just assigned to an officer and not updates?
    - Is it being transferred to other/local office? Is any interview being planned?

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  • sumant18
    07-17 10:05 PM
    How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?

    I just got was the second time I called on the same day. First time I jiust got one more SR (4th one). the next time I called about 2hrs later I asked her the status of my 2nd SR and told her the whole saga of how long I have been waiting and about my PD becoming current blah blah....

    I have told the same sob story many times but this lady seemed to go the extra mile and put in an "expedite" request. She herself volunteered for that and told me that I would hear back in 5 days which I did. I opened the SR last Friday and I had this letter in my mail today.

    Just keeping fingers crossed and hoping the notice comes thru.

    I will keep you guys posted on what happens.


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  • jonty_11
    08-15 01:16 PM
    see my post - 4th above...and you will know why u got a red..!!!!!!!!!!!

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  • eb2_mumbai
    10-20 09:35 PM
    First of all I am not going to judge you by your actions because I do not know the full story of why you did it.

    Now coming back to your question. There are few things you need to do.
    1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you

    2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.

    My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.


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  • monicasgupta
    12-31 11:02 AM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

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  • sbmallik
    07-23 01:55 PM
    In the stated situation, I would opt for changing the I-485 case to consular processing.


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  • santb1975
    02-14 12:03 AM
    These are lengthy but...

    Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration

    Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?

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  • mnq1979
    06-26 10:12 PM
    I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

    My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

    I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?

    Thanks in advance. !!!!


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  • pool_abab
    06-16 06:07 PM
    Receipt date 5/13 WAC receipt
    Card production ordered : 6/16

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  • chaukas
    10-23 01:50 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.


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  • letstalklc
    11-23 05:17 PM
    I have used ICICI money2india 3 years back, but stopped using their serivice because they are not honest in terms of conversion rate always below SBI, so I have switched to SBI's global link services ( SBI Global Link Services - US ( ), it's really cool thing, rate is better and also they will not float the rate during the day time, just in the morning time, whatever rate you see, they will gives you that, I have verified many times, all the time it matched...I really liked......

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  • panks
    04-02 12:07 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.

    Regarding your H1B status, please read the following newsletter from
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.


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  • dummgelauft
    02-01 12:56 PM
    Unless you are sitting on a pile of cash, this is really a no brainer....

    Like others have suggested :
    (1) Give it to me, i will invest it for you..;-)
    (2) Depends upon your familial situation and resources you have, both here and in your home country.
    (3) If you plan to go back to India ( i am guessing yo are Indian..)

    This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...

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  • raj2007
    02-18 07:12 PM
    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?

    I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.


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  • pappu
    11-14 02:40 PM
    Lawyer told me that I cannot contest. They screwed it up some thing
    there is always some way...
    pls quote the exact sentences of your rejection letter here. we need to know a reason for your rejection.
    ask your lawyer or find out exactly what they screwed up.

    also let us know
    - is your lawyer a company lawyer or your lawyer
    - what is the status of your company--- big/small/ many h1b/ what about others in your company on LC applications..etc
    - did the comapny do ads? do you have the material or copy of everything that was sent?
    - is your company making profits. how many employees?
    - eb2 or eb3
    - has anyone been rejected before in your company?
    - how much time do you have on h1b

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  • jr8rdt
    11-21 03:04 PM
    I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.

    Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?

    do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?

    anybody has a sample letter for RFE experience letter?

    I need help.....

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  • optimist578
    12-28 09:51 AM
    To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
    I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.

    Thank You.

    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond

    05-24 09:10 AM
    I am also on same boat. My employer is doing initial process for filing labour. I am not sure he knows about this merit based points system. Do you want me to tell him to wait because of this new law in process or continue filing for PERM.My employer is american company.

    03-14 12:38 AM
    I hope someone out there in a similar situation can help me out.
    I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
    I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
    Any comments or tips are welcome.

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