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I own house too. My immediate goal would be to get my PERM and I-140 approved and with the help of approved I-140 get a 3 years extension so that i can stay and enjoy my new house for few more years. By the way i was in this queue in Mar06(my first perm) and Jun 07(My second perm) and now again in April 09. I am building my patience every year :D

Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.

Good luck!!

Does anyone have any idea as to if "YATES MEMO(on being able to use AC21 with a pending 140 for 180 days)" is still relevant or overridden by any subsequent memo/law?

just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.

man this is funny...I thought the last line should read while my life goes kaboooom....

This is how it works.

DOS will decide on a certain number ovisa to be released during a quarter. They will draw an estimate and set the cut-off to a certain date so that USCIS can request visa numbers.

As an example, let us say they decide to release 500 visa numbers for India EB2 the following month and set the cut off for that category to April 2004. USCIS will have a demand for thousands of visa numbers for EB2 India with PDs earlier than that date. DOS will release the 500 numbers and then they will push the date back to April 2002 or something to cut down supply till the next quarter. If there is demand for visa numbers even below this cut off date, they will reduce it further or change it to U.

We could have predicted the movement better if USCIS and DOS were one. But since they are not, it is almost impossible. Like how DOS shocked USCIS last year by unexpectedly setting all PDs to current. The other complication is since many EB3 are now changing over to EB2 with earlier PDs, forget DOS, even USCIS does not know how many EB2s it will have to process.

In short, continue to expect the same pattern of erratic movement.

I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.

Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.

Your previous thread, you narrate the incident. You are pleaded guilty in the court. But now you are saying the court dismiss because unintentional stealing.
Which is correct ???
You are stealing/swallowing your own words ??? !!!!!!!!!!!!!!
SEE YOUR PREVIOUS THREAD.
http://immigrationvoice.org/forum/forum105-immigrant-visa/24389-travel-on-ap-to-india-shoplifting-case.html


Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you

I was 5 years with this company. paid all GC and every legal expenses from my pocket, filed GC couple of times, big time screwups.

flight tickets! If they pay my pay checks I will be happy.

Only mistake I did was to follow rules :)

EB3(ROW)

NSC ( I 485, EAD, AP)
Receipt: Aug.16
RN: Oct.1

FP(notice): Oct.22
FP: Nov.9

EAD: me+child:Oct.24
wife- not yet

AP: nothing

Hey,
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.

Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.

I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.

You can try to get an affidavit from some of your older colleagues.


It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....

Does it matter..Do you think it really matters..

let me know..otherwise I really have to worry about RFE

DB

Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?

http://www..com/usa-immigration-trackers/i140-graph/

Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil

If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


____________________
Not a legal advice
US citizen of Indian origin

The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.

Companies can pay employees expenses when they ask the employee to work in different place and employee has to travel. As long as that expense doesn't show up in your pay stub you are good.



I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

What if VISA is not given .. can you come back?

Chances are that it would not be possible, I know an individual who has been awaiting security clearance in Canada since last October based on a name check hold up. This is not something one can predict, for your name can make a hit at any time. Fortunately the individual is a Canadian PR and is able to telecommute.

I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.

Unfortunately that doesn't have a lot of support since it defeats the purpose of labor certification.

Should I call CIS to see what they say??? Anyone??

It is possible that your 'Stop payment' was a little too late and USCIS might already have cashed the checks but your bank was late in posting it to your account.
IF you absolutely can not stop the 'stop payment', even then don't worry, Your second application is already in.

Calling USCIS doesn't hurt, it hardly is fruitful though.

R.William on July 3rd.

Nothing yet. Once 2nd July is done it should be one or two business days.

No. I changed to a different company with same position.

It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.