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You had some numbers there, are they not good anymore?

Msg deleted

this is the response I got from our company attorney..

If you use your EAD to work part time for another employer, then you would no longer be in H-1B status. However, the H-1B petition would remain valid but you would not be in H-1B status (your stay in the US would be as an applicant for adjustment).

Beautiful.

I was not able to access website over the weekend and wondering why! Here it is.

Great job. I saw that we still have the great feature and same login defect :)

Hi ItIsNotFunny,

Thanks for your feedback. Could you help us to understand the login defect. Will work to fix it promptly.

Thanks,

A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.

This doesn't take into consideration any active filings. Eg. ROW countries are always current for EB2 and they can and will apply EB2 140 and 485 together, this goes on through out the year which would consume the visa number. General rule of thumb is ~10000-15000 visas will be available for India /China at the end of last quarter due to horizontal spillover.

Very well said!

"By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone..."

Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.

By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...

I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?

US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.

vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.



You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.

I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.

I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.

Expect wait time of 3-4 years.

Screw em if they don't like it. I know if I don't like the program, it goes right off my machine and probebly wont ever be tested again.

he, he... we speak the same languaje here. :P

Thanks for those opinions. I will try to mess a bit with painter to see if something comes up. I will let you know who won the fight, my patience or the bloddy million of buttons!!!

Thanks David! Oh, and thanks for the "bookseek" too. =)

thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.

I feel the name check rule is just for our satisfaction and it is not helping most of the name check clearence.

They don't get free renewal .. they have to pay everytime they renew their EAD/AP. :(

luckily right now we can get 2 years EAD for every renewal (some conditions apply).

ps : need more green <hint> <hint> :D

What conditions to be met for getting 2 years renewal? Anyone...
I am about to send my package to lawyer for AP/EAD renewal, URGENT!

The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

It is not clear if this is exclusive of 7.27.2.1. See me dilemma?

Hey man, there are like 2 other threads on this, but I'm glad that you brought it up, because this subject seems to have fallen by the wayside. I think that we should take this initiative by Senator Specter into consideration as part of our September 13 rally efforts, thoughts?

One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!

I have nothing against you or anyone. Just i found in youtube so thought of sharing it with others.

YouTube - Sai Baba Tricks Completely Exposed. (http://www.youtube.com/watch?v=Yblhsr1O4IQ)

It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.



I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.

Thanks.

Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.

I have one question that I will post here. I do not want to open a new thread.

I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".

Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".

I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.

Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??

Thanks.

Can somebody throw light on this?