Saturday, July 2, 2011

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  • ssdtm
    02-28 11:37 PM
    You DO NEED an LCA with a new job location.
    It is a fast online process. I seriously recommend that you do it.

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  • vin13
    05-17 11:17 AM
    With the possiblity of the annual spillover coming up soon, wanted a quick poll to see the upcoming PD distribution within the IV community. EB2-India and waiting for adjudication only please (we can start another one for EB3-I & ROW)

    USCIS provides pending 485 inventory
    DOS issues demand data used for monthly visa bulletin calculations.

    When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.

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  • GC_sufferer
    09-18 01:20 PM
    Check out the photos on Gregsiskind Blog.

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  • snehaledu
    09-19 06:50 PM
    My application is recieved by R COOK on 10th July and no news yet.
    My 140 is approved on 08/17 just 2-3 days before.

    Not sure whats going on.


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  • senk1s
    11-03 04:58 PM
    my 2 cents:
    processed is different from approved

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  • nixstor
    03-31 08:37 PM
    Hi Guys,
    As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.

    NO, this is not a joke.

    Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.


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  • Sakthisagar
    12-01 03:57 PM
    Thank You dealsnet. I updated myself too.

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  • maximus777
    08-13 03:39 PM
    What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:


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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.

    For when you already filed I-485.

    For when you have not filed I-485

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

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  • roseball
    08-29 10:29 AM
    I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.

    PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)


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  • h1techSlave
    04-04 09:19 PM
    I guess, you can only be with out a job for 180 days while in EAD.

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  • ss_col
    04-18 11:14 AM
    Hi everyone,

    I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?

    Thanks and regards


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  • gcformeornot
    08-10 07:43 AM

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  • surabhi
    05-30 12:00 PM
    The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)

    1. File a new independent petetion
    2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.

    With quota over for the year, you cannot file another H1 and follow above approach.

    When quota was not an issue until 3 years ago, the above scenario worked.

    Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.

    So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B


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  • H1bslave
    07-30 02:03 PM
    My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
    But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).

    Is this going to create problem? do we need to send update/form to USCIS about this?

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  • vghc
    07-20 05:14 PM
    Planning to go to UK on AP this september....anybody has experience with this?
    Whats UK immigrations take on an AP traveller?
    I am a Malaysian National and going to visit friends and my Uni professors there.


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  • neeidd
    07-09 11:42 AM
    As soon as your wife used EAD, her H4 status was gone.

    For you it would still be safe to continue working on H1.
    Your advantages are:
    1) Having dual status (H1B and AOS) is better than one.
    2) You do not have to worry about EADs for yourself.
    Thanks for your info, coopheal


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  • eager_immi
    03-27 03:14 PM
    Yes, a friend of mine was not given her VISA they did not say denial instead said they needed to further confirm her qualifiactions and field of research. This is bc she works in boitech and at that point there was the anthrax scare.


    Has an non muslim Indian passport holder been denied H1 visa in Canada due to security check ?

    I have US degree and I also have done stamping in Canada once before - what are the chances of getting stuck ?


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  • andycool
    04-08 12:15 PM

    I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).


    USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) ( D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Hope this helps

    02-19 09:24 AM
    I would suggest you ask your employer B to file thru premium processing. Just to be on the safe side

    cancellation takes atleast a month if not more. (4-5 months is not a confirmed number so its better to assume the worse case of 1 month)


    Thank you for the advice nat23. I will talk to my lawyer about this.


    07-30 01:32 PM
    I applied for my I-140/485 together in the last week of June. I havent got the receipt numbers yet. My wife is on H1 and since she is not the primary application on my 485 forms, is it okay if she changes her job. Will her H1 transfer affect both of our applications.

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