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ashoka
09-26 02:28 PM
I think everybody has LUD 08/05. So it does not help. I applied 485 on 08/08.
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bluez25
08-23 01:38 PM
Guys.. please look at this story. this guy's case was assigned to an officer who was no more with USCIS and got stuck for almost more than years......

http://www.immigrationportal.com/showthread.php?t=261980


Finally got his case approved after several calls to USCIS...


Please stay on top of you case and make sure it is not put in a dead box like that....

Good Luck guys
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loveNpeace
08-02 10:29 PM
Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....

Thank you
Tina
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desigc
12-22 05:03 PM
Contributed $100 to IV.
Reciept #87H393384E9981342
Gaz

I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
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krogot
02-17 01:25 AM
Thank you for your answers
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rp0lol
04-13 01:29 PM
Congratulations.. Keep supporing IV in future.
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amitjoey
08-23 10:40 AM
I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.
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ItIsNotFunny
04-04 09:27 AM
Didn't work for me. May be down !
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cooldudesfo
12-16 06:51 PM
Hello Friends,

I am travelling to INDIA on Jan 28, 2009.

I am booking Lufthansa Airlines, travelling via Munich to Delhi.

Visa on passport is expired but I do have approval of H1B till 2010.

Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.

Thanks in advance.
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Blog Feeds
12-28 04:50 AM
AILA Leadership Has Just Posted the Following:


https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiYrPPX569ClB9l8uNrNRjpeNuYy548F-Hnqx6kq4IpqYACVs3rd-WnXJ0IMD1DK4n40QTCafyGgwWKwpxkfKM8qbzTSKRtLSdmpXiwoEgHG5fK3meJUNIGyPSzr1J9fLKt6lAwWnWMNvY/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiYrPPX569ClB9l8uNrNRjpeNuYy548F-Hnqx6kq4IpqYACVs3rd-WnXJ0IMD1DK4n40QTCafyGgwWKwpxkfKM8qbzTSKRtLSdmpXiwoEgHG5fK3meJUNIGyPSzr1J9fLKt6lAwWnWMNvY/s1600-h/hebrews-detention.bmp)
President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
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qisolu917o
03-22 10:05 PM
to be severe with oneself and lenient with others.As for me, all I knew was that he was good to me and had a big brown and black German shepherd, Susie, that he brought to play with me. Susie was a big part of my childhood, and started my lifelong love affair with dogs.Mother and Roger got married in Hot Springs, in June 1950, shortly after her twenty-seventh birthday. Only Gabe and Virginia Crawford were there. Then Mother and I left her parents home and moved with my new stepfather, Come and buy world of warcraft power leveling (http://www.u4game.com/Wow_Power_Leveling.html), cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! whom I soon began to call Daddy, into a little white wooden house on the south end of town at 321 Thirteenth Street at the corner of Walker Street. Not long afterward, I started calling myself Billy Clinton.My new world was exciting to me. Next door were Ned and Alice Williams. Mr. Ned was a retired railroad worker who built a workshop behind his house filled with a large sophisticated model electric-train setup. Back then every little kid wanted a Lionel train set. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) Daddy got me one and we used to play with it together, but nothing could compare to Mr. Neds large intricate tracks and beautiful fast trains. I spent hours there. It was like having my own Disneyland next door.
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gatec77
08-13 12:27 AM
English translation please.:D

This means clouds are flooded with GC's and they are dropping to earth drop by drop.
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Mahatma
06-04 12:47 PM
You have 2 best possible scenario.

1. OPT should give you 29 months window to apply for H1 or AOS (that is when PD becomes current for EB2 India). It doesn't hurt to start I-140 NIW process now.

2. It may be a good idea to consider EB1 as well, although it may be very challenging. Approval under EB1 might make your AOS journey shorter.

You could piggy-back on your H1 spouse's AOS if that is on-going.

You could explore multiple options simultaneously. There is no bar. Just remember one thing though. F1 and OPT are non-immigrant intent statuses. Hence, timing of I-140 should be prudent. It is better to do I-140 petition after OPT approval. Check with your attorney. Good luck!
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification

In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.

I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
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MLS
08-07 05:22 PM
I may be wrong but I remember reading that sometime back US made rule that the h1 stamping can be done only at your home country (country of nationality). So doubel check on that.
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eb3retro
03-11 11:59 PM
No probs, we owe as much for all the hours you have put in with the EB number analysis.

But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.


check this out from www.immigration-law.com website.

03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?

* All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
* We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.

=======================

all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.

my 2 cents..
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PresidentO
02-07 01:21 PM
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.

That schedule A category is long gone and PT's from every where are now just EB-3.
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theconfused
04-02 10:21 PM
Hey Dontcareanymore,

You are right.

For other folks, here is the summary -

1) Got H1B visa stamp valid from August 2007 till August 2010.

2) Started working from October 2007 and Was laid off in November 2007.

3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

16) On 16th March 2010, got an email from embassy that they need my passport.

17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

21) Passport was sent back to me on 1st April 2010 with the visa stamped.

22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

Please feel free to ask any question.

Thanks a lot to all of you reading this...
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ns007
02-13 12:40 PM
Could someone please explain what are the implication of taking big promotion (example: Consultant to Manager) when

1. Labor is pending
2. Labor is clear; but I-140 pending
3. I-140 clear; but I-485 pending for less than 6 months
4. I-140 clear; but I 485 pending for more than 6 months

thanks,
NS
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minimalist
06-10 02:54 PM
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks



Thanks for encouragement,
It's always scary the first time. : )

Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.

Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?

thanks again,
NS
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08-10 05:15 PM
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