Mentol Blog's

I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

No one really knows. That means there is a 50% chance she may be right.

However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.

Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.

Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.

video.google.com/videoplay?docid=2117058646892668334: Charlie Rose's Panel

What documents do we need to provide the US Embassy/Consulate to issue a birth certificate. Please reply.
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.

You will need one anyway when you do file I 485 or CP so might as well keep it ready now.

Many of us are in this situation.
Can someone throw some light on previous experience s,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.

--BB


In all the cases that I've seen so far, only lawyer has received it..

I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.

So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.

They will not take the only copy you have if you make another trip out of the country before it expires.

You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.

It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested

open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.

I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.

GC Delay,

Take an infopass Appointment and speak to an IO . Hope all the Mess created by USCIS in your case will be cleared. Below is the link for infopass... Since it is USCIS error, hope they will approve ur AOS as a courtesy ;)

https://infopass.uscis.gov/infopass.php

if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.

Thanks for your response... do you know what states by any chance?

[QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education� thank you for your advice.

What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?

What is your experience?[/QUOTE

Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.

For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.

Good one

If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.

Does not sound right. Where did you hear that?

AC21 allows you to change jobs after 180 days of filing.

Thank you all In Team IV
god bless you all

dont worry i also contributed

Hi everyone,

I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC

1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.

My wife's co. provides health insurance for both of us. We are both on H1-B.

If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.

Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?

This is H1B specifc though.. not taxation specifc for others

I don't believe so.

Only H1 transfers have no cap, apart from non-profits.......
Isn't?

This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.

Are you sure on this? If this is true, this can be really helpful for some folks.

Here are my details. I hope EAD comes in before this month end.

Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type



Memo accoring to murthy.com

http://www.murthy.com/news/n_restim.html

USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help