Mentol Blog's

Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand

I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..

Agreed. Its should remain in History for USCIS july VB fiasco

Congratulations..would you change ur IV handle now to GC_ROCKS or something :-)

That is disappointing. But I guess we don't have a choice.

Just say "All izz well" and watch out for the bulletin :)

I agree....
ALL IZZ WELL...


I am keeping my hopes high for the month....err..sorry ...year...err sorry decade...
I mean I am keeping my hopes high for this decade...

ALL IZZ WELL...

do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing

Good thinking Mr. Jacob , being spent thousands of hard earned dollars on these applications and renewals, I agree with you 100%. However, do you think anybody (in the govt) will listen to this? I lost that confidence long back. (I just sent a check for US$ 915 for AP renewal for me and my family, by the way, this is my 3rd EAD/AP renewal process but I never used them till date).

You are lucky!!

Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.

I didn't find what I am looking for.

I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

So, I am thinking to file myself.
yes u need all documents...

Look again..and u will find link to this discussion on the HOME PAGE..

I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.



Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html

Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.

Thanks for your response.


The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?

One of my friends got his passport back in 6th week.

I would say, be persistent in contacting them. They are not very good at getting back to people - no accountability. Send emails and fax explaining your situation ....twice a day until they reply back.

Hello Friends,

My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.

Thank you,

------------------------
P.S : Yes, I have contributed to IV :)

I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.

Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.

I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.

The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)

Also, Software Developer does not fall under Job Zone 5 in ONET.

Any help? Thanks for reading

1. H4 visa holder can study in US but cant work like F1 visa holder
2. F1 visa holder can study and work (only for limited hours) in US but cant apply for I-485 as dependent i.e. Green Card as F1 visa is not a dual-intent visa.
3. After filing I-485 as dependent, if anyone converts from H4 to F1 visa they will lose I-485 i.e. will get rejected.
4. If H4 visa holder uses EAD then they are no longer in H4 visa (unless they re-enter US using H4 in port of entry). So EAD allows dependents to study and work if they use it. But staying in H4 visa is safer till you get GC compared to using EAD.

Also the tuition fees waiver conditions changes based on each program (course) you are applying and also depends on each state/universities where you enroll.

good luck....

Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.


EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

Got the email this morning...

EB2I
PD : 10/04
RD : 07/02/07

Beat the 10 year deadline by couple of months :)

Thanks. Yes, I am an Indian citizen.

Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?

---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.

In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.


If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

---

You are very welcome...

Consular processing is way faster is what I was told.

Studentoflife:

You can consider filing a request with Department of Labor under freedom of information Act. (FOIA). DOL has a webpage dedicated to FOIA and how to apply. Under this they will be obliged to give you a response in 20 days on whether they will provide the information or not (only yes or no). If they delay more than 20 days, you can file a lawsuit in any US district court. If you prove to the judge that you are entitled to this information, DOL must provide it.

Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.




you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.

*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.