Wednesday, June 29, 2011

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  • yyfGC98
    05-19 12:49 PM
    I need help on my I485 pending case:

    When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.

    My NIW I-140 form stated my job is:

    SOC Code: 17-2112
    Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.

    In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?

    What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.

    When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?

    An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
    What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?

    My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?

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  • bushman06
    10-08 02:59 PM
    This article was posted on: April 26, 2001. Its ancient news. But would be interesting to see how much or how little things have changed since then.

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  • gchopes
    06-02 03:58 PM
    My company has applied for my H1 extension 3 months in advance of the current expiring H1 under regular processing

    1. Does the 240 day rule apply AFTER the expiry of the current H1 OR 240 days from the date you apply for the H extension. I hope its not the latter coz I could have told my employer to apply closer to the expiry instead of 3 months in advance.

    2. Will the 240 day rule apply even if I reentered on AP instead of H1B visa.

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  • unsanjana
    10-05 05:17 PM
    Please provide your answers. It is very urgent...

    I would really appreciate your answer.

    I have two question regarding my h4 visa appointment. My husband has Pay stubs (June to Aug)from Company A.And his company B pay stub is from Sep 10th,2007 to till date. When he was switching from Company A to company B, he got 15 days gap. He didn't has pay stub for those number days.

    Is Chennai consulate particular about those dates and ask for pay stub in between those dates. Please advice me.

    2) My husband lawyer forget to apply my H4 extension. Unknowingly I over stayed in US for one and half month. We talked with lawyer. she told that she applied for H4 extension before, but US CIS over looked that file. So she filled again. That H4 approval is still pending. In the safe side I left US. I tried to left US immediately, but I wasn't able to get flight ticket.

    By Showing that receipt in Chennai consulate, Could I get H4 visa stamping.



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  • jliechty
    May 24th, 2004, 06:33 AM
    Hope you don't mind me messing with this a bit, but sometimes it's easier to do it in photoshop than to explain with words what could be different. View the attached thumbnail (click on it for fullversion) to see how a slight change in the position of the elements could affect the photograph (the "ZING" as Lecter calls it ;)).

    You did, however, pick a good time of day for your photo. Too early and the plane might be even darker with no detail, and too late and the moon would have to be overexposed if you wanted the rest of the picture to look like it does now.

    Edit: forgot to attach the file :o

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  • sss2000
    07-18 08:19 PM
    I think the only way you can know about it is by looking at Receipt notice you will get in mail. I believe every individual/case has a unique number.


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  • ram006
    07-16 09:01 PM
    My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

    My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?

    My main concern is on her status, any input will be greatly appreciated.

    Thank you.

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  • roseball
    02-21 11:39 PM
    I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
    I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.

    Short answer is NO.

    You have to file a new PERM and it will be processed in the existing processing times unless its a special handling case (University profs, etc) which currently is taking around 4 months to get a PERM approval.


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  • Blog Feeds
    12-29 10:30 AM
    The President has started revealing his plans on immigration for the next year. It sounds like he's planning on trying a do-over with Congress and attempting again to get a comprehensive immigration bill passed. He'll make the case for this in his State of the Union Address. I'm happy the President is still interested in working for change, I sincerely hope he is not making passing a reform bill his SOLE strategy. I'm reminded of Presidents in the past who regularly spoke in favor of something, but you just knew they didn't really care and were just trying to appease...

    More... (

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  • eb3retro
    01-27 09:20 AM
    did it twice already. will do it how much ever time it takes to get the right job. cant let the life suck in eb3 india wait. already waited too long in 485 filing time. cant ruin my life anymore. never informed no one abt my move. cos, in my opinion there will be no time, where they will get to process my eb3 india application with pd jan 2003.


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  • chanduv23
    11-09 09:26 PM
    You are asked to assume the position of President of USA and given power to do ONE immigration reform. What will be your reform?

    My attempt:
    Issue Green Card to anyone who have worked legally in USA for five years and abolish Labor, I-140 and I-485 processes. :D

    Please channelize your positive energy for IV. Have you joined a State chapter? Join a State chapter now and talk to your chapter lead and help towards IVs cause :)

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  • eb3_nepa
    08-30 11:57 AM
    Sukant71, what exactly are you trying to say?


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  • sk8er
    03-29 06:17 PM
    Understood. However, my question is still is unanswered. My question was when can I apply for the new 3 year H1-B term

    Scenario1: I can apply after 1 year anniversary of leaving H1 adding the 15 days spent in the US on B2 status ?

    Scenario2: I can apply after the the 1 year anniversary of my last entry in the US which is obviously on B2 visa since I have entered a couple of times on B2 after leaving H1 ?

    Question 2
    A related question is how does the USCIS know my H1 cancellation date ? Do I ask my previous employer for it ? It cant be my last US paycheck date because my employer put money in my account a few months after I left H1 as well because of some payroll issue. The H1-B visa stamp was cancelled also few months after the actual leaving H1 date when I got my B2 stamp .

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  • sam_hoosier
    12-12 09:56 AM
    The only requirement is that the new job description should be same or similar (match 50%) as the job in the underlying LC.


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  • Horace Jones
    07-15 09:12 AM
    I agree that option B is the correct choice. They are looking for you to have a stable residency, so having it established as the application time nears makes the most sense. Still, I would consult with an expert or an attorney if you have the opportunity.

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  • ramesh9
    08-20 09:58 AM
    Wife and I applied for our 485 on june 16th 2007 and we got our receipt numbers and did our biometrics on August 1st. As of yesterday I got my EAD card. My wife has not. Is that common or is this something I need to be worried about. If anyone has any knowledge, please let me know. I checked USCIS where i have an online account and have registered all the receipt numbers, for her it says it's still pending.

    Thanks folks and great job by everyone. appreciate all the help provided here and god luck to every one.


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  • dmdrn2829
    10-05 04:25 AM
    Yes, i765 is the EAD card. It will be issues eventhough your i140 is pending.

    question: Can one work for the sponsoring company using the ead even if i140 is still pending?


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  • gcformeornot
    12-19 03:47 PM
    Does anybody know if original first passport needs to be sent.


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  • mallu
    06-16 04:27 PM
    Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.

    Here is the journey:

    Nov.2002 - RIR Labor filed in CA
    June 2006 - Labor approved from Phily BEC
    July 2006 - I-485 , I-140 filed at TSC
    Sept.2006 - I-140 approved
    Got stuck in namecheck ( name check may be still pending )
    May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
    June 4, 2008 - Responded to RFE
    June 16, 2008 - Green card approved
    Now, waiting for the actual card to arrive.

    06-17 12:09 PM
    Reciept notice should be recieved as soon as USCIS recieves the application. It shouldn't take much time though I kind of feel it should not take more than couple of days from USCIS part to send the reciept and then 4-5 days for postal reciept. I guess in about weekdays time after reciept at USCIS, you should recieve the notice.

    This is just my understanding. Also some one said, you can start working for the new company as soon as your application is delivered to the USCIS. Get this confirmed by some one.

    12-21 12:03 AM
    Thanks Sunny. It is for business purpose. Appreicate your response.

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