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st4rguitar

04-14 08:38 PM

My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.

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90210

05-10 08:13 PM

I-140 approved, and more than 6 months since 485 application.

I just used my AP. Now can I change the employer on H1? I am hearing something that the latest I-94(that I got at POE last week) has my status as AOS, so the H1 transfer may not be possible. Is this true?

I am sure lot of the people has the same question. Can some clarify?

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REEF�

06-08 07:57 PM

tsk tsk, voting for yourself :bad:Like I was gonna win this is a huge poll I might as well have done it :lol:.

I don't want to win this because I don't deserve it. I even said I want the vector guy to win, them thangs are sweeter than rubber bands :azn:.

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benbear

11-09 09:07 AM

It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

So,from , EB receipt in Sept vs. receipt in Oct = 2:1

150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)

Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.

Add the 50K EB in Oct. Total EB backlog is 405K.

Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!

That same link you gave tells us that 655k is pending/back-log for AOS....

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sanjay

01-12 11:00 AM

Suvendra, sent you a private message. Kindly check.

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VivekAhuja

06-04 02:22 PM

A few months of bank statements (with most recent balance)+ your tax docs for last year+ W-2 and most importantly a letter from your employer saying how long you have been there, salary and benefits, if any - should suffice.

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suresh_la

11-30 12:10 PM

I have Labor (PERM) and I140 approved from my current employer.
can I apply trasfer and extension with new employer.

Advice is highly appreciated.

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sanjay02

06-29 06:38 PM

Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.

I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.

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wandmaker

11-21 04:15 PM

cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.

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p1234

09-26 10:39 AM

1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

Thanks

You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.

Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.

We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.

Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.

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shirish

08-31 01:46 PM

USCIS goes by country of birth, so registing a new country will not work.


OK so we're 1 million in the backlog. That could be a small country.

Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.

Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.

So.. if anyone has the info on how to register a new country, I'd like to know.

Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.

Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;

Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central

Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV

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Prasad_FL

08-06 04:29 PM

Hi Pals,
Let us exchange the info so that we can contact each other and plan things. My phone no is 954 431 5281. If you do not want post ur info, you can send private messages to exchange the info.
Thanks,
Prasad.

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snathan

01-22 04:22 PM

Hi,

My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.

Please advice.

Whats the reason for denial...

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guygeek007

07-19 09:07 AM

This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

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saimrathi

08-10 03:10 PM

Not a big fan of recurring contribution.. would like to contribute when I feel comfortable...

from your signature it says you contributed and you voted 'no', am i missing something here?

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sheela

09-23 09:39 AM

Gurus,

Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?

2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?

3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

Thanks.

- BharatPremi
1) For our point of view, only RN number should be okay-this gives us liverage to track and see updates on your filings. Frankly, I never bothered even that as I received FP notices before RN from attorney and FP notices carry RN numbers.

2) Question is should we send the 'Stamped Original FP notice' after finger printing to attorney instead of copies? (As this is a kind of document with proof of FP having done and this is our copy). My attorney asked me for original FP notices -stamped by FBI after FP-I would rather send copies and keep original with me.
Please, let me your thoughts on this
thanks

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nmdial

04-08 04:54 PM

Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?

Personally, I think they (USCIS) have no clue therefore DOS has been extremely cautious.

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eastindia

01-06 09:44 AM

I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK’s famous words…”Ask not what the country can do for you….” If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren’t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn’t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don’t they view us slightly differently?

If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.

75% of us in this forum do not qualify for the legislation being proposed here!

You are saying we folks cannot even invest 100K into business?

Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.

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vin13

09-30 02:57 PM

i just called USCIS to find out when i would be recieving the mail...a very nice lady told me that it is taking 30 days for us to get the mail. Even though they say they have mailed.

She said one more thing which I am not sure how far I would beileve....she said:
"It does not matter what the visa bulletein dates show as you have already filed the applications..so all you need to look at is Processing dates."

i asked her then even if the visa bulletein dates are not current for my case then do we have any chance of getting the gc...she said yes...if yours come under the processing dates.

I am not sure what to make of this.....

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GC092003

04-18 11:33 AM

I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.

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srh1

10-28 02:31 PM

Folks,

Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.

1.What are all the things to be noted while leaving the company after getting GC.

2.To be specific how long a consultant should be with company after GC is approved.

3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.

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