Mentol Blog's

Come to the rally and we will no longer have questions. Only answers and solution to our problems if the rally is successful. We can do post mortem later when retrogression is dead. (pun intended)

I filed for labor cert in april 28, 2004 and I now have all approved including I-140. My I-485 receipt date is July 3, 2007 in Nebraska. Does teh July 19 date USCIS is showing mean I will get my green card soon. What should I expect moving forward and what type of timeline?

Thanks guys for all your help.

My attorney said e-notice is fine and applied.
but in enotice it is written

Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa


I am worried if my packages comes back after aug 17?

My lawyer refused to file with the e-pproval and I agree with him. Why take a risk with such an important matter. If you're approved, you should get your approval notice in a couple of weeks at the most. File your 485 after that.

LUD is still showing some 11/28/2007 date

That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?

Lucky you!! Mine was filed on Jan 5th and still waiting!!

I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.

You can sponsor for your parent's visitor visa for your graduation ceremony.

I wish! :)

I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

We Canucks are not on the "out" list.

http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html

check it out!

Thanks vparam ! We will give this a try. Hope they give us an SSN.
My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN

Ashkam is right...

Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.

Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.

The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.

In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.

I hope this helps and good luck on your green card pursuit...

I-140 premium processing is not available.

My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.

I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.

I applied I-140 in PP last week of June and got approved in 3 days. And got
email approval notice in three days.
But after one week only I got receipt and approval notice on the same day.

My lawyer refused to file with email approval notice. This is the reason I missed
to file my my 485 on June28th/29th.

Here is my story, Immigration experts are requested to suggest.......

My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.

In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)

Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)

Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.

H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)

Never filed an AC21.

What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?

Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.

Experts please suggest........

Here is my observation

1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

- cheers
kris

Bumping for help . Thanks

Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.


If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.


You will need letters from all your previous employers, verifying the job discription


Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)


After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)


After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck

Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?

Probably you are right for EB3 ROW but I don't think that is true for EB2 ROW.


I would have said 2020 but as you are not part of India or china may be 2015.

Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.

Please update your profile

Just fly Continental or Delta from NY to Mumbai (this is non stop)

Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
Thanks

I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.

GOOD. IV will be free from some head ache.:)

Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871

http://hammondlawgroup.blogspot.com/2007/02/advocacy-alert-retrogression-were.html

check it out!