Mentol Blog's

I don't think your mom should overstay the visa - not a good idea at all.

Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.

BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.

Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?

The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
- Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.

- Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.

- Some say that it just takes too damn long (over a year) to be any meaningful.

By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.

To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.

URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.

I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.

The anonymous reputation system is prone to abuse.
People sometimes use derogatory language. It would be great if the names are also published along with ratings.

That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.

(don't hate me, I'm English).


Please don't flame me, I am trying to be honest.

One of my Deans used to have this poster in his office : No Guts, No Glory!

Not workable if we don't have the number of real active members, which I think is a big problem. We have 40K userid's and only 1000 votes.... doesn't' make sense. Either these id's are fake, obsolete or created in error.

so, with 1000 ppl...20 per months. = 20K.

In that case as h1techSlave said, 50% logic goes good irrespective of the target amount.
let it be 20k....200k , half the share goes to IV and half to the winners.

http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

maybe they meant 07/1/2007

good one.

Just correct the do to don't, you are all right.
That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!

^^^^

My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.

Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)

DMV people just look at the expiry date.

As pending 485 do not have expiry date they won't accept it as status.

What would you think would be a solution for this?

shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.

Nice way to talk on forum , my fellow.. btw., I wanna know "how many 485s have been rejected for using AC21?".. really.. an exact number would be very helpful for people like me who are in same situation as you.

Hi,

My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.

However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!

I have answered that question many time on this forum. USCIS, lawyers and other forum guests have not been able to answer the question of what happens to an H1 extension when the underlining I140 is revoked. So I guess the H1 is not revoked.

That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.

Yes, I would attempt Premium Processing on the pending I-140 first so that I can invoke AC21. I never heard of anyone's GC process jeopardized due to H-1B denial.

My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.

They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.

RD: 01/19/2007
ND: 01/22/2007
LUDs: None
RFE: None
Category: EB2
Status: Pending

Is this predominantly affecting those on consulting jobs?