bradley emmanuel

This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).

That is right. That is the reason get married in US. Even then they can question the intent.

Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?

You are freaking out UNNECESSARILY.

This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D

My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!

I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

I believe the salary mentioned in the labor is the future salary, That means you should be paid that much after you got your GC. It is not the present salary...

Congratulations..your long wait is over..:)

Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?

Did anyone go through this? Please let me know.

These look fine on my editing PC but are too dark on my work PC...
...how's it look where you're at? :)

Also, the second picture is uncropped from the camera, I kind of like the frame
the background creates, but do you think it should be cropped tighter?

http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9175_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25912/cat/647) http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9169_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25919/cat/647)

yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.

You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).

In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

I wrote to a lot of anchors, newsmen. Got 2 replies. One was from Bloomberg, the financial TV channel. I co-ordinated with IV media team and they took it from there and a nice story came two weeks ago, as you can see from a link at 'IV in News' or here (http://www.immigrationvoice.org/index.php?option=com_weblinks&task=view&catid=19&id=52)

sertasheep,
I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.

I had two conditions that the reporter agreed to:
1) He would not use my employer's name, and
2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.

He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.

Let me know if I can be of further help.

Good luck,
Salil

hello,

My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

you have to options -

1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

please double check before you make any decision.

If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?

You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

A reputed university = very few or no gultis. TVU had only gultis...so did not qualify.....

so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________

That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.

AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

Please restart your Labor again, ASAP.

They have processing times for each service center. If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.

Apart from informing others about them legally what can he do.

Post his name & nobody will hire him.

I would suggest that you follow the option of joining some other company, if that is possible. You would be joining with enough experience so as to qualify for a new EB2 application. You can retain your EB3 application and priority date if 180 days have passed since filing 485, which in your case has happened so you are OK.

Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.

Just my two cents.

Congratulations and Best Wishes to you and your family.