Mentol Blog's

I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

I am like you, filed in Aug 2007, did first FP in Nov 2007 no second FP notice yet. I checked with my lawyer and several forums and response i got was that FP expires in 15 months and generally USCIS issues second FP notice when they are very close to approving your case. I called TSC and got a nice IO who told me that my FP did expire and he is issuing a request to send me FP notice and i should get one in 30 days. Not sure how it will go but i have heard that IO can approve your case even if FP expired and request FP after approval but before cards are sent.

I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.

Thanks for the positive update.

All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.

It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).

I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.

Good Luck.

Hi,

Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

I am looking for legal expertise here.

Thanks.

Might it be a PIMS delaY? Just my opinion.

u know what im trying to say,ferns work was top notch but i just though the three of us were about equal.

Even if you transferred you can still work for old company and keep on working there without joining new company.

That's what i believe. Please consult attorney for confirmation

on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..

Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:

Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

It is always good to wait till the new application is approved, and the approval notice has been received.

just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)

For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).


Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf

PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

They might return urs , simple.

same issue nsc rejected one time second time accepted

so much for FIFO ... they say that they are approving PERM applied in June/July 09 and anyone I know is getting their approvals by above rate only.. your friend's PERM must be an outlier in terms of approvals. mine is Feb 2010.. need to wait another few months before PERM approval :)

My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

All u require is
- take the EAD cards
- take some ID like drivers license or passport
- fill this form

Thats it....

http://www.ssa.gov/online/ss-5.pdf

Folks,

I was just reviewing the form, we should select " Legal Alien Allowed to Work" on the SSN application form if we have been issued the EAD card right ? All we need to take along with us is the valid EAD , drivers license, and foreign passport. Do you know how long it takes them to process the SSN.

Do we have to wait for the SSN to apply for a job or can we start working once we have the receipt stating that we have applied for the SSN.

Thanks!

Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.

There are couple of issues:

1. You are trying to form a small group inside a big one.

2. You PD should be in Jan/Feb/Mar so you worry about people just blocking your way.

Where would the people after 2004-Jan PD go, as we are reaching Jan-2009.

All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.

It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).

I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.

Good Luck.

Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

Salary for any job depends on lot of factors. How one negotiates is a key factor.



Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?

Hi,

Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


Many Thanks,
Steve

Have a paper copy of your license saved somewhere.
I have used that in the past when i lost my license with a traffic cop. It took him 15 mins to verify my information, but saved me from getting at ticket.



If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.

The last 6 months of "no-license replacement" is making me very anxious.

AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.

My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)

However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)


I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

I am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.

They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.

I am on H1 since 2005 and renewed last year and it is valid till april 2010.


Last year i joined directly to the client and they are processing my GC.

When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.


guide me if this is not the correct thing to do...

regards

I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.