Mentol Blog's

I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.

As for the I129 - my lawyer added no such stamps or certification.

Please do check with your lawyer also. Also, try calling the US consulate.

Good luck.

I am not trying to be rude. but really we should use some common sense. If you are visiting another state within US why would you need a visa? If you are still not sure check with the cruise ship customer service.

All i am trying to say is do not post a question until you have put some effort to get your answer by yourself.

There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.

Ok, what I posted is from these guidelines http://www.hooyou.com/lc/perm_eb2vseb3.html , EB2 used to be easier before PERM, it is also possible if position is job zone 4 but SVP is 8 or higher to go via EB2- PERM, I hope you are right in disagreeing though.

Why B&H have to sell this at such a premium


Thre words for you: Because They Can!

You should be ok to come back with an AP.

Keep it as it is. Then you can do FB based GCs on either side.

Talk of 'having the cake and eat it too'. Perfectly possible in this case.

The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.

On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!

I hope you will in a day or two. mine also filled in first week of feb.

Dear friends

Finally my EB-2 Sch-A Cat.II I-140 got approved on Oct-30. I got five emails today.

I submitted my I-140 as regular and then upgraded to Premium a week before on Oct-25.

thanks to all of you on this important forums who helped me lot in the process.

Now I will be enjoying ride of Retrogession Starting from Nov-1 in Sch-A cases.

Will Keep posted about I-485 as it develops.

Good luck to all.

Instead i will donate the travel expenses to IV...........

Good Luck Every one
Thanks.
Pls contribute for the campaign we are running
http://immigrationvoice.org/forum/showthread.php?t=2630&page=16

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It was less than year. See answers below..

When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.

If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.

Question is: What US Address should I show - which are in my tax-return ?

____________________
Contirbuted $280 so far

Just wondering, this is my case below and it has been this way since 07, does it have the same meaning as above or pretty much nothing?

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

Receipt Number: LINXXXXXXXX

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and pending.

On MONTH DATE, YEAR, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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

My I140 and 485 were filed in Dec'2006. I got my I140 approval notice (email alert from USCIS) last week.

Yes, 6 months for the I40 is the usual wait time for that (the usual wait time at THIS time in history that is). It's the I485 that is a pain...

Gurus
Please advice on the usage of A number

I came here as student and OPT before, the OPT had a A number

In my approved I-140 i had a A number, both the numbers are different

While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number

Which number must i put in the field

Regards

Do you have I-140 approval notice with you? If so, A# is going to be there just above the Beneficiary name. Nowadays, USCIS is assigning the A# when they approve I-140. This is what i got from my attorney Rajiv Khanna. Do not listen to them who says it comes only when I-485 is approved. Once I-485 is approved, there is no need to have A# number otherthan you want to apply for Citizenship or keep it for records. So, it is useful only while applying 485 or EAD or AP.

Due to some unforeseen situation, I will not be able to attend. I participated in the poll that i will attend. But now I will not be able to attend. Sorry about it.

why does your medal say #7.....heehee

It is possible that India might take this to WTO. But that is a long shot and by the time result comes it will be 2 years or more and law itself is irrelevant.

It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?

Thank you both.
Nikhil2,
I have a similar situation...

H1B extension beyond 6 yrs is possible under 2 circumstances:

a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

So CADude should get 1 yr extension is worst case.

Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.

ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..