Mentol Blog's

on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.

For a safe bet its good to have the EAD/AP with you. has foll advantage

- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP

one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.

may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.

all these are my personal views. im not an attorney
thanks

Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.


I agree that one should probably do it for compelling reasons.


I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!

My thanks to all replies,

Here is the bottomline.

An interim rule was indeed published in the Federal Register on May 24, 2006, announcing that Premium Processing program would be expanded to include I-140, I-539, and I-765 applications.

As we already know Premium processing for I-140 is already in effect since last Fall. I am not certain about I-765, BUT the effective date for I-539 under premium processing is still unknown.

So, as both hubby's H1 and my H4 applications are pending, I will upgrade his H1 and hope that my H4 gets picked up as well. There is at least 50-50% chance for that (if they did not stopped the 'courtesy service for H4s).

The twist here is that my current H4 expires on March 16th, 2007. AND we cannot send for my (H4 to H1) transfer before APRIL 1st.

That's why I SO MUCH NEED H4 extension in hand before sending H1 in APRIL.

PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.

Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency

Hello,

To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

slc_ut

I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.

The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.

The only thing that can help us is a legislative fix. Please help IV help ourselves!


Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


NO FIFO whatsoever.

They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.

I would say put 'Retrogressions' and waiting periods also in perspective.

In the world and era of progression
We get the word of 'Retrogression'

Nice Facelift Gary! dphoto should start it's own Extreme Makeover!

Cox, I like Gary's fix.... the photo has a lot of dramatic punch to it. Also, I saw somewhere else where you were overrun by tourists at Yosemite (quite a problem any time of year apparently). Try King's Canyon next time if you haven't already been there. Fewer tourists by far.

My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP

Hello sss9i,

Have you found an answer to your question? I'm in a very similar
situation. I've got my I-140 approved (06/30/08), and my I-485
is pending more than 180 days.

I'm going through some interviews now (another company) and have
a good chance to get a very good offer.

Please reply with your comments.
Regards,

golf52

Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.

Thanks

Air France has a Newark - Paris - Bangalore flight but their price/ service combination is not great. I flew Jet recently and the experience was the best in my 10 years of coach class flying. They do have a stop over in BOM which is not as good as flying direct to BLR but it is not bad either.

The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.

You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

According to my knowledge both of u get should get seperate receipt copies individually for 3 different applications.

All,

I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!

Can some one please clarify this doubt?

I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.

Thanks
Raj

------------------------------
One time contribution $100

Interview Date: Friday May 6, 2011
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.

Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?

The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)

Hi All,
I have created the evite invitation for the members who would like to attend the Meet & Greet Event. The location is not yet decided but can be decided based on the number of participants.

Please find below the link for the evite.
http://www.evite.com/pages/invite/viewInvite.jsp?inviteId=FCRJTQXZAHRPZTMFUNXT&li=iq&src=email&trk=aei6

Before entering the details please make sure in the "Reply Here" box to click on
"NOT member.iv@gmail.com" and then enter you name and members attending the potluck item you will be bringing. please refer to the comments of the other members attending the event to bring in more variety.

Lets make this event successful. Small steps to our successful future.
All the best.

I am there file in July 2007.

Hello all,

Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

Appreciate responses.

Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.


Please tell us what made yourself to file on NIW category.

You should get RFE based on the missing employment letter. Rejections are related to more inappropriate cases. I know one case, the guy did not send his passport copies and he got an RFE.

Hope this helps ease the tension!


Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..