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  • vparam
    05-31 05:03 PM
    PD - august 2002
    140 AP - august 2005

    485/EA/AP - sent it out today





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  • ghost
    07-24 07:52 PM
    Murthy is Immigration Attorney: www.murthy.com

    IV is Immigration Voice





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  • gccovet
    06-19 12:38 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
    GCCovet





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  • uppaji
    06-15 01:27 PM
    Received their automated response. Let's see if I get a real response.
    Does anyone has similar contact for Washington post too??



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  • bbenhill
    12-02 07:42 PM
    I guess the story was not clear :-)

    the answer is your wife's h4 will be fine since you have ur H1.

    Thx


    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP


    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?





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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • Googler
    07-17 07:06 PM
    All,

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.





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  • gsrmurthy
    11-22 12:51 AM
    >I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?

    If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.

    Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.



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  • vin13
    12-08 05:00 PM
    Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?





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  • Macaca
    11-17 08:42 PM
    The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
    Low quotas, long lines hurt U.S. competition for human capital.
    WSJ Editorial, Nov 18 2009

    The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.

    A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."

    One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.

    Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.

    "The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."

    The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.

    Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.



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  • gcseeker2002
    11-05 01:00 PM
    I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
    Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?





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  • scorpioca
    05-17 04:59 PM
    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help



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  • dante1271
    08-26 12:58 PM
    My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension ...my company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
    :D
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.





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  • waiting4gc
    06-29 01:59 PM
    You must have used your OPT card to work for some company. Ask them to give it to you. They SHOULD have it in their records. If that doesnt work, try talking to the international students office of your school to find out if they have a copy and can send you one.

    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?



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  • gk_2000
    05-15 09:57 PM
    Most probably this is just an eye candy for us, to be eaten and excreted. But, I hope I am dead wrong!





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  • gondalguru
    09-29 11:58 AM
    Its kinda confusing and really not that big or sensational.

    Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.

    I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).



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  • kittu07in
    08-27 03:57 PM
    [....You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room...]

    How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
    to convert her B-2 status, do I need to be on B-1? or it can be anything?
    Does she can able to COS from B-2 to F1 (Student)...?

    ~Thanks in advance





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  • nefrateedi
    08-09 11:46 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.

    I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.





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  • cagedcactus
    11-19 02:25 PM
    I just checked that Nebraska is now processing cases from August 2007 for I 140 applications. Do these also indicate China and India?
    My pd for I 140 is in July, and I am from india. Should I be able to make a query since the dates have gone past my PD?
    thanks for any info....





    stldude
    07-18 10:30 AM
    I agree.. I cannot put in to words the sense of releif IV has provided for all those GC Seekers out there ( not just Indians) !! ! ! ! ! ! ! Way to go IV...





    langagadu
    05-06 12:19 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?




    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris



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