bradley emmanuel

Thanks Ramba, Thats greatly appreciated.

In b/w as anyone heard of USCICS picking up 485 from later date and processing it or am i trying to be too pessimistic...???

Just want to make sure I analyze all pros/cons before making a decision.

Thanks ...

Hi,

Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.

I already requested my ex-employer not to revoke my H1B.

My questions are �

1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?

Thanks in advance!

There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.

Now since you have already applied for transfer, it makes more sense to wait for result/approval.

you family's h4 status is tied with your h1 status.

IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.

HTH and sorry to hear about layoff. Hope it will work out for you.

Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.

I am now with a different employer and using my EAD since May this year.

Hope this helps......

To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.

URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.

I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?

I work for a very small start-up American firm. The company has been in business since 1 year. Even I have been with the company (full-time) for approximately the same amount of time. Unfortunately, the company has not been able to make any revenues in this 1 year. I am planning to visit India in May and if I do, I will have to get my H1 restamped, since my old visa has expired. In this forum, I have seen some instances of rejection/hold on H1B stamping. Taking that into account and given the situation of my company (although genuine and still having enough funds to run), is it worth taking the risk? I will be appearing for an interview in Mumbai. Any info in this regard will be really helpful to me. Thanks in advance.

I say EB3 India will move to Jan 1st 2002.

yawn.

someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.



.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)

Good luck to you and all.

my sis watches that

nsnriv,

The idea of the IV forums is to discuss our agenda, and activities.

Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.

Good luck,
Berkeleybee

I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

Check this out....
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms

My case is totally different. We applied on July 2nd and my wife got her EAD last week but my EAD not yet approved. Is it normal?

Hello,

I seemed to have fixed the problem, my father has a Nikon D40x and we read his manual on cleaning, since the D40 and the "X" are very similar.

We cleaned the low pass filter I believe, by using the mirror lock-up option in the camera.

I am now very very happy there is no dirt :)

This thread can be locked or deleted.

It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.

Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."

It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.

Please call your Senators to co-sponsor/support this bill.

Senator Menendez in charge of this...looks like Fox guarding the hen house. I suspect he is more interested in hostage taking "employment-based immigrants " for his
"comprehensive immigration reform". Dream act advocates know this and are openly attacking the "frenemies" or "two-faced" pro-immigrant politicians and Senetor Reid in the democratic party.

Thank you all for giving me confidence. I have updated my profile. I do not remember dates of some information. I will update them later.

One last question is if worst thing to happen would my adv. parole be useful for reentry?

USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.

EAD, AP has time limits, your 485 receipt does not. USCIS needs to constantly monitor the applicants to make sure that anyone denied is leaving the country or turns into illegal. Otherwise, lawyers will be very happy to say that "their" client did not receive the denial notice and had therefore continued to live in the US legally.

Hi Gurus,

I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

My company has filed for my I140 and it got approved.

I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

Thanks

On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:

Or by luck of the draw?:cool:


The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...

"Processing Date" means thay have touched all the files before that - from approval point of view (this is not just FP or Name Checks). This could be like - officer has seen every page of application and put his remarks related to approval.

They also continue to work beyond Processing Dates - our experience with EAD proves that.

Thanks for your reply. If the processing date is July 17, on what basis they are selecting files which has reciept date July 30, Is there any exception for Current cases? If the case is current, they can pick that file regardless of receipt date (not considering processing date)?

I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?