bradley emmanuel

Did this campaign start?

Thanks a lot everybody for spending ur valuable time replying to my Queries.!

I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?

Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..

So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!

So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??

X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!

How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!

Hi,

I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

Thanks & Regards,
-- Venkat

My lawyer confirmed that we can apply for renewal 6 months prior to expiration date.

Lawyer? So, You don't believe what was posted on USIS website?

Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

Extremely sorry to hear that in this forum.

If there are valid reasons (believe me, 99.9% of time they are worthless issues) and you fall in that 0.1% (both of you are aware and willing to go separate), please go to India get it settled.

If you fall in 99.9%, talk to your spouse, take few days off from work, go out alone and get it settled within your home.

As others said, it is an expensive process and headace you don't want to go thru.

For me, I still believe you both can figure out and get back on track before it derails.

If you have kids, young kids, please please please, think 99999 times before you do this. It is worth going thru this pain for them.

If you are 30 years old, just think that its going to be another 20 to 25 years of active family life.

USCIS is creating problems in our everyday life, we take that pain and ready to wait another 20 years for GC, why not for a spouse who is living with us everyday?

Good Luck.

Bottom line : 99.9% time it is WORTHLESS arguments that leads us to get frustrated...

As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.

Its more then two months now i did not have any update from my HR inturn from attorney.
At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.

My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
I am not sure if it should be filed in that way ....
Let me know if i am heading in right direction ...

Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.

Recent trends for PERM processing are around 60-90 days.

Yes. I used AC21 in Sep 2005. (after 140 approval and 180 days period). I applied for 485 on 29th Dec 2004.

should be valid preferably until you get your new I140 approved.

Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?

And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?

Thanks!

What I dont understnad is that if they skipped security clearances on AOS applications to use up numbers..how does it imply taht they would have to eat crow and accept July application...Logic doesnt explain this,

They have alrady made teh blunder of skipping sec clearances...What they can now request is to go back and correct that mistake and ask that any and all applications in July be rejected so that they can do sec clearance on the ones they already used up/approved..

Does that make sense.?

I think the statement from Greg Siskind is that 'if they dont want to answer these questions about security clearance etc, the simplest way out is to accept the July Applications and get everyone off their back (irrespective of whether visa numbers are there or not).

One issue though is, even if they want to kill this controversy by accepting July applications, they need some face-saving way to do this about-turn. They cant say they are scared of an inquiry or a lawsuit. Settling the AILF lawsuit is probably that way out. Gettings AILF of their back, and will also stop senators and representatives from asking them uncomfortable questions...

Not accepting votes now ???

Folks

My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.

USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.

Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.

My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself

Anybody in the same boat?

Thanks!

PS: if this issue has already been discussed please dont stone me

I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
be changed.


so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

Lets see what the future holds for us.

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

If a labor is applied in EB3 category and later 140 is applied under eb2(bs+5 year experince and salary range). Will there be any complications after invoking AC21?

Thanks!

This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.

:)

I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

No. It will not help.
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

Do you think there are only 61K nurses waiting in line?
Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.

First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.

Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)

It was my wife's mistake actually, she did not declared meat products in customs form.

In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?

I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close

Did you use AC21? how long ago you applied for 485?

For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.

Nice... each year they are making money out of you. We will keep paying every year for being legal while illegals will keep driving without any or fake licenses and no insurance. Another great way to make us feel NOT Welcome.

Congratulations, we have 23 members join the local WA state chapter! Welcome everyone who signed up. Calling all WA state, Oregon members to please sign up with the group link below. We need as much support as we can to support IV initiative.

For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

Thanks!