Mentol Blog's

Can you please clear your point for asking these here ?

I want to know if some of us knew of Green card wait time when we applied or came to USA?

Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.

I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.

I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.

Some folks have suggested me to get a consulting from someone from Sheela Murthy.

Thanks you so much.

I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.

Is anyone here works for Apple Inc.? Need some info. Please send me private message.

Thanks

Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?

I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.

yes. i agree above

I think the author is referring to the first step (labor) which INS will undoubtfully reject a lot of applications if in recession or in down time.

If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
So your GC process shouldn't be a factor.. you got great offer.. leave..!

You have been current for a long time based on your profile.. did you check what is the status of your I485 application


Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.

And yes, my case is current from last 10 months.

hi,

It happened to me when my wife' s and my expiry dates were different.

Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.

Thanks



Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


Please reply.
Thanks in advance
Chinna

I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?

As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that

Is it possible to get your EAD, if I-140 is still pending. :confused:
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)

In NJ this is how it has been for last few years.

i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
I don't know why guys are so anxious about the reciept number. When they get the reciept number mail, they are going ot have all the details. Unnecessary anxious. What you guys are going to do with your reciept number known early?. Is it going to speed up your GC process?. Be cool and wait. You will get everything...

all the best with your wife's SSN application. My wife got her EAD 2 months ago and next day only we applied for SSN. Still waiting to get one. We called them after 4 weeks of application and they say they are waiting from USCIS to respond with the legal status (confirming EAD) to issue this number. So after 2 months still status is same.
I asked them if there is anything we could do, answer is none.
Can i speak with your supervisor to get more info, answer is same.

According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...

http://www.immigration-law.com/

05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date

The House floor failed to pass this bill and postponed until the undetermined date for final action. :(

This bill was supposed to be less controversial than EB recapture bills?

Great replies. Thank you all.

I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?

Thanx. But I didn't quite clearly get that. You mean, we need to fill the forms with :

<blank> for given_name as in passport or,

<FNU> for given_name as in visa stamp or,

<First_name> for given_name the way we want ?.

Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.

Thanx again.

-Gctex

I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.

sdudeja, nice to meet another teacher on the forum!
hi,
tell me please how is this NGO
i AM teacher and I am looking for ajob in USA
THANKS

Prolegalimmi,

It is absolutely fine to write to editors etc. but if you are planning a sustained campaign, it is best to coordinate with the media team lead by Sunil. It is always good to convey the same message from all our outlets.

Also, I urge everyone writing and calling media to keep it civil, DO NOT DENIGRATE other groups, just focus on our issues, and stay polite.

best,
Berkeleybee

Few facts that you need to get clear.

1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



**************

Thanks for the info. Really helpful.

Koti

All depends on spillover; it�s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.

I don't know why I received reds for my post, anyways I respect the opinion of members, I understand that everybody is genuinely pained and suffering so it�s really not anger directed at anybody but the current situation in which we are. My humble opinion is that for any significant noteworthy movement the spillover must happen for individuals belonging to retrogressed countries. Spillover does not really harm anybody. I believe that it�s always better to have ones expectation set correctly rather than expect too much and be disappointed on the day the VB is released. The more the queue moves the better for all, CIR or Recapture are the two genuine solutions to alleviate everybody's pain and suffering. Good luck to all.

I have one observation that the time the Jan VB was released and the inventory report date kind of match up and since no numbers were available there was no change. If we are going to still have the incremental monthly or quarterly allocation for the retrogressed countries we will still see no change or really no significant change. The spillover for now is the anti-biotic or quick fix; it�s really not the cure or the remedy but it will give a great feeling to many who will get greened sooner and hope to others who are behind.