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  • techskill
    08-10 04:55 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)


    Correct me if i am wrong. In May Visa bulletin the PD date was April 2004 and in June 13 th Visa bulletin it was Current for July filer and after that everybody knows about the fiasco. How come you filed in June when your PD was not current (Your PD in mail is Dec 2005)?





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  • rajeshalex
    08-22 07:05 PM
    I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...

    We can ask the USCIS to give the data in a below format

    Receipt Month, PD Month, Category, GC Approved Month or similar format





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  • bluekayal
    10-16 03:56 PM
    Didn't you have one in 2009?





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  • makemygc
    07-26 12:29 PM
    Bump
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  • lazycis
    12-17 07:25 PM
    So you haven't received a denial letter yet.
    The most common reasons for EB I-485 denials:
    1. Incorrect fee enclosed/Incomplete form
    2. Underlying I-140 is denied/revoked/withdrawn
    3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS

    For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
    For reason 3 the only option is to file a lawsuit in a federal district court.





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  • sss9i
    07-21 01:35 AM
    What should I do now??

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.



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  • hyderabad123
    04-27 08:08 AM
    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.

    Thanks





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  • LostInGCProcess
    11-10 11:40 PM
    Thanks again for the reply and wishes!!

    Also sorry for another question as I forgot to mention this earlier.

    My new H1B has more than 6 months of validity period.

    One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
    Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

    Employer "A" I-797 receipt #:
    EAC - XXX-XXXX
    I-797 valid : 0ct' 2009

    Employer "B" I-797 receipt #:
    WAC - XXX-XXXX
    I-797 valid: June' 2010

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

    Appreciate your help!

    Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.

    As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
    No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.

    So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.

    Good Luck!!!



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  • hydubadi
    03-31 02:13 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:





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  • p_kumar
    01-27 03:40 PM
    The last time i talked to iio, she said they are processing I485s received in Apr, 2007 and they will start mine in 2 or 3 months.(mine was received on july 24th and pd is eb3 oct 2003). she said, they will process the applications even if the pd is not current but only approve if the pd is current.



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  • hopefulgc
    09-16 10:22 PM
    Please don't lose heart.. hang in there.

    What you are experiencing has happened to a couple of people. But it sounds pretty counter-intuitive as to why they would deny substitution with for Eb2 labor?
    Whatever the case, it sucks if it jeopardizes the primary Eb3 petition.

    Are you able to locate any precedents to this?

    Keep us updated here on this thread.

    Hi,

    Here is my case specifics:
    --------------------------

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.

    Thanks





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  • prince_waiting
    12-12 02:28 PM
    I am in.....No complaints about that......



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  • tdasara
    04-06 07:41 AM
    IS THERE A SHORTAGE OF BALL PLAYERS IN US???

    In December 2006, a law was passed to ensure Minor League Ball players get their greencard in 6 months!!

    Minor League players == no education, no English, just plays ball!!





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  • perm2gc
    08-02 02:22 PM
    You probably meant to say that you are NOT an immigration lawyer. Correct?
    Yes..sorry for the Mistake



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  • thamizhan
    07-18 10:33 AM
    My attorney just confirmed that my application sent to USCIS on July-2, received by them on July-2 @ 9:02 AM is not returned.

    This means they are accepting it.

    My case was sent to Nebraska Service center.





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  • leoindiano
    06-30 05:07 PM
    I am prepared to file around 15th. Not pushing my lawyer due to this madness. PD will come back into picture again irrespective what comes out on monday or tuesday.

    Go & Chill



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  • TheCanadian
    01-02 12:09 AM
    I think we should have a Flash 5 AS1 contest for nostalgic purposes.





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  • TwinkleM
    06-24 12:14 AM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...





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  • ragz4u
    03-14 01:34 PM
    Hi

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

    Thanks
    GCcomesoon

    This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278

    FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).





    raysaikat
    03-17 03:46 PM
    (I am not an attorney)


    File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
    File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

    I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

    EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.

    To answer the original question:

    You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.





    rajmalhotra
    02-08 04:46 PM
    This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:

    "Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"

    From www.immigration-law.com
    ---------------------------------

    01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
    � Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
    � Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
    � However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.


    This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

    http://immigrationvoice.org/forum/showthread.php?t=16188



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