bradley emmanuel

Hi Msyedy,

Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

Thank you,
pradeep

Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?

I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

Can this create an issue while IO is working on my 485 application?

Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).

This is correct. Only your attorney will get the RFE.

I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.

Hello Gurus,

I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.

Thanks.
Srinivas

E-mailed

If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.


Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.

Can I use my advaanced parole document once I get it if my visa gets rejected in India?

Hello all,

Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

Appreciate responses.

Screw Murthy !!! I have never seen him picking up any good news.

I agree.

Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

Maybe they should also keep it low key so less people oppose it;)

Send it through when Mr.King is on vacation:D

Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)

I had the same problem.. That you can file for ITIN only when filinf tax return. But the lady at the IRS office told me that if your spouse's name is added to an interest bearing account - say for example your savings bank account. Then IRS is required to assign an ITIN number to your spouse. There is a place to select the reason why you need the ITIN, on the form. You will need a letter from the bank that this person has an interst bearing account with us.. Thats all I sent and got the ITIN number for my wife.

Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

I'll truly appreciate

You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.

Hey all, I have PayPal Account and i have 200$ in that account, now what happen i wanna transfer in my indian bank account.. What the procedure i have to follow.. Please suggest me right way.

I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?

I appreciate your feedback. Thank you.
Amend the LC!

any luck with PIMS pre-verification ... please share ...

I got this from different website(not sure if I can quote here).

Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

A lot of people do different things on h1b. It is upto you to carefully report your taxes. As long as you don't get a 1099, it is at your discretion on how to report whatever money has been earned.

The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.

I have heard of a couple of folks facing this unforseen delay- this happens when your case is audited.

If he is willing to co-operate, she can file. If she file without his permission, he can cancel her petition any time before adjudication. The petition have the validity until the divorce. If he is not supporting with her GC, nothing can be done. She will loose her H4 status also. She need to find some other way to be in staus like, Student visa, her own H1B, marry a citizen, H1B.
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution

^^^^^^^^^^^

Do you have a sample cover letter that you can share for self filing of EAD/AP and to what address the application should be posted. Thanks for the response..


Here is:

e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)


I already did it for wife, son and myself.

Saved about 1500$

Your attorney is DAY DREAMING.. Don't beleive him/her,

I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?

on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.

For a safe bet its good to have the EAD/AP with you. has foll advantage

- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP

one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.

may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.

all these are my personal views. im not an attorney
thanks