Mentol Blog's

We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

Isn't it done before LC filing?

Guru's please answer this query:

I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.

It is worse than that.. :)

Please watch the following youtube video to understand how USCIS works

http://www.youtube.com/watch?v=-30BZtpvaTY

that was amazing. Is the maker of that video an IV member?

Tri State Folks,
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..

My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)

Please let me know his options!

1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?

?

EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.

Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.

In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.

If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.

Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.

I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.

There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.

And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.

My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?

According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.

People,

Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?

Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.

something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.

COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"

Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did

a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.

I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.

If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.

Hari

I'm taking chances as well..... switching to EAD on day 10, if not earlier.
If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.

You can take an infopass appt at the local office and speak to an immigration officer. I know of a similar case where the USCIS officer said that the derivative 485 application is no longer valid after divorce, and the derivative application will be denied. He sent some email to the service center asking them to deny the derivative 485. The primary 485 was still approved - I don't know what happened to the spouse's application.

In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.

Hi Guys,

I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?

I'm the other voter,

Guys, it is the time to show up your support and contribute to this effort.



I only see one vote and that too mine on the attendance poll above.
Don't let anyone take your vote and your voice for granted.

Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.

The correct term is Offshoring.

Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.

By the way, added rep to you for a nice job!

Everything depends on your PD and how much time it will take to become current:


Scenario A: You are from EB3 India or China and PD later than Jun-05

In this case you can safely mark CP on your case at the time of filing I140. Always remember that it is going to take 4-6 months for a case to reach consulate, after I140 approval, when you mark CP on your I140. So if your PD will not become current in next 12-15 months, you are safe to choose this option. Because as soon as your PD is current you will get an appointment in consulate without additional fees of I824.

However, if there is a wild swing in visa bulletin like July 2007 fiasco, before your I140 is approved, then you can safely file I485.

Scenario B: You are EB2 China, PD of Jun-05.

At this time you do not have the option of filing I485, but it makes sense to mark I485 on the option & assuming your PD will be current soon. If the I140 gets approved and the PD still does not become current, like India was stuck in Jan-03 for long time, then you can take AC-I140 to the consulate the time PD gets current. If your I485 is stuck in admin processing for long time, despite a current PD, you can take AC-I140 to the consulate.

To Jun's questions: Police certificates & medical exams need to be done in home country. Personally I think, police certificates in India can be obtained pretty quickly. I personally have family ties in India, so they can get the process started when PD becomes current. I do not know about the delays in other countries.

Again choosing AOS or CP is a very tricky situation and depends on personal situation such as:

1) whether you need EAD/AP benefits for spouse or uourself.
2) your job prospects. Future and current. Vs job stability.
3) Your country and support from respective govt agencies.

On the face of it CP is not an attractive option but files must consider ACI140 and should try and get as many appointments as possible. Most EB based filers are financially secured and can afford additional expense of ACI140 & CP.

How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.

Soltan
But you cannot directly use the old 140 for filing a new 485

Krishmunn, thanks for your reply. I understand that I have to apply labor and I140 again. But my question was how do I port the priority date when I do not have the approved copy of my I140 with me. What if the old employer cancels my i140?

All I have is the old i140 receipt and the receipt number online shows approved status.

Thanks

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

Thanks Jayant,

I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.

Regards
Raj

5 star from me too :D

You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.

I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.

Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.

pappusheth

Job should be same or similar responsibilities and salary

salary is not requirement. It can not be less off course. It can be equal or more than LC.
Currently only 2 requirements
140 Approved and 485 pending more than 180 days.
Job should be same or similar title. Yes title only job duties do not matter.

This is per my lawyer.