Thursday, June 30, 2011

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  • gsk0422
    06-28 05:33 PM
    My friend is filing for student visa(for masters) as her H1B is about to expire in september(already has 6 years on it). She has worked on different projects and even had part-time jobs but she couldnt find a company that can sponsor her H1b. She was also jobless for an year(last)...long story.....anyways.. She lives with her family but her parents cannot help her much cuz their green card application is still in process but she is above 35 yrs old. Now she cannot think of how to answer these questions on F1-Visa.

    -Describe the events that led to your decision to study in the U.S.

    �Describe your intention concerning departure from the U.S.

    �Show evidence that establishes that you have a residence abroad to which you intend to return

    She is from Pakistan and althu she has relatives there and plus her parents own a house(proof of her resident in PK that she can return to) too but you know how the situation is there and she wants to live with her parents. So how should she answer the above questions?

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  • Saburi
    12-28 09:25 AM
    I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
    Is there anyone who has expereineced the same and want to share?
    I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
    Thanks in advance.

    I had the same situation but in vermot center and it took 20 days to get transfered to the new company as i did file in Premium Processing, but a friend of mine did applied in regular as you did nd it took exactly 3 months to get it transfered.

    So i think your will be done in Jan 2007 do not worry.

    Best Regards


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  • Jean123
    01-14 02:21 PM
    A friend of mine is a citizen from a non Visa-waiver country, married to an American. They've been married for two years and she is expected to receive her green card in a few months at the embassy of her country of origin where she still lives. Because of abuse issues, she wants to separate asap but is afraid he might retaliate by trying to prevent her from receiving her green card. Is that possible, or should she wait until she has the Green Card in her hands? Thanks!

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  • prioritydate
    07-15 11:18 PM
    So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?


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  • gparr
    October 17th, 2005, 09:43 PM
    It took me two hours of failed attempts to arrive at this composition (No laughing allowed, Queen). Critiques appreciated, but be gentle. I'm an absolute Photoshop novice.

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  • masti_Gai
    09-11 09:10 AM
    :( Might be out by Friday for sure:rolleyes:


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  • desp_gc
    03-12 08:02 PM
    I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...

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  • hpandey
    03-13 04:02 PM
    Is there any way that we can get the USCIS to update their Aug 2007 bulletin and write on top of it and the July bulletin was valid till Aug 17th.

    That way any officer who would check the Aug 2007 bulletin would first see the update and go by the July bulletin instead of rejecting I-485's in a bunch which cause additional hardships to the applicant in getting it reopened via MTR and again going through the long process.


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  • english_august
    07-11 10:45 PM
    It is stating the obvious to say that blogs have been playing an ever important role in creating awareness of issues and shaping public opinion; yet we've not had a good representation of our issues in the blogosphere.

    The flower campaign got a lot of attention in mainstream media but we did not have a good co-ordinated effort going on in the blogging community.

    As we go forward, I think we should have a communication medium so that all the bloggers interested in these issues can discuss and execute strategies.

    So if you are a blogger or are interested in becoming one, please join this Google group. Hopefully for future campaigns like rallies etc. we will be able to create more awareness in the blogging community.

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  • matreen
    11-04 06:28 AM
    I am in the similar situation, any advice will be greatly appreciated.


    I have been working for Company A which was bought under the Umbrella of a bigger parent. My company A still operates under the same name and is fairly independent.

    The parent company bought another company B recently and have asked me move to B for business reasons in a similar role as with company A. Could I file a new GC with B and use my 10+ years experience with A to file for under EB2. I am currently under EB3-I category


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  • payal_nag
    02-26 12:44 PM
    Hello All,

    I have a few questions for the group. I have an approved labor and I-140 in EB3 category with a 2005 priority date. My 7th year H1 expires on May 11 2007 and my company has already filed for my 3 year H1 extension based on my approved I-140 which will be valid from May 2007 to May 2010. My questions are the following:
    1) Can I change my employer and keep my 2005 priority date if the new employer also agrees to file a fresh PERM app and I-140 for me?
    2) If I qualify for EB2 category, can my new employer file for I-140 in EB2 category and still maintain the old priority date?
    3) Since my current visa is valid till May 11 2007 and new visa will be valid from May 12 2007, can i start work for a new employer in April 2007 based on my new 3 year H1 or do I have to wait till May 2007 to start work on the new visa?

    Any help will be greatly appreciaited.


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  • andy garcia
    11-30 10:38 AM
    Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.

    Not according to this:

    8 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
    (a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
    The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
    (1) the alien makes an application for such adjustment,
    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
    (3) an immigrant visa is immediately available to him at the time his application is filed.


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    02-27 11:31 AM
    It took me some time to figure it out too...I actualy looked at some flash tutorals for tweening and thats how i figured out how to make the car move.

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  • punjabi
    08-07 05:57 PM
    ...that means your application has been accepted.

    If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!


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  • belmontboy
    04-12 04:14 PM
    He/She/That is looking for singles only.

    Somebody is getting lucky tonight :D

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  • Blog Feeds
    11-14 04:21 AM
    This is key. We've been hearing that the White House was still up in the air between the energy bill and immigration and that one of the two would likely be pushed back until after the election. Now it looks like the White House thinks it can walk and chew gum (presumably after the President's approval ratings are slipping as people sense the White House is not actually keeping any of its promises).

    More... (


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  • roseball
    07-27 06:23 PM
    It was a nightmare for few weeks but, long story short...I got my new passport after the Embassy cannot find my original I sent for renewal. Please let me know if I need to get it stamped within any timeframe. My current I-797 expires MAY 2010. I have an approved 140 and EAD but my attourney suggested to stay on H1B.

    Appreciate your feedback and help in this matter.

    Thank you for your time and consideration.

    You dont need a visa stamp on your new passport unless you want to use it to re-enter US when you travel. There is no time line associated with getting a visa stamp. You just need to make sure you keep extending your H1 status and get an I-94 with the extension approval. If you have an AP you can use it for re-entering and still can continue working on H1 for the same employer. Else, when you travel the next time, you can setup a visa appointment and get H1 stamped on your new passport.

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  • Liz
    06-28 11:31 PM
    Dear Attorney,

    My company is willing to sponsor me and I have a few questions regarding the occupation.

    I have no professional degree but I have 7 years experience as a general manager. My boss spoke to one attorney who said that I can be in EB-3 skilled worker but he (the attorney) is going to put that at least 5 years experience is required. The company that I have been working for is an export/import Asian food company (65 employees; $100 million revenue) so my boss is not going to hire someone who has only 2 years experience. The attorney also wants to put that a foreign language (Korean) is required as I will be responsible for making orders from Korea.

    On the other hand I went to a different lawyer who said that if I want to be in EB-3 skilled worker the 2 years experience is enough and if there will be a foreign language requirement, most likely my ETA9089 will be denied. Also, he mentioned that a GENERAL MANAGER requires at least a bachelor's degree (as stated in SWA OES).

    I would appreciate your input.

    Thank you.

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  • lazycis
    04-02 04:55 PM
    I have a question. Our files are stuck in the Chicago local office (after our interview last year) and the only thing pending is the Namecheck, which has been pending for more than 180 days. Our PD is current. Is anyone in the same position?

    It is frustrating because you do not get any LUDs when your files are in the local office and I have no indication whether the Chicago officeis processing cases with NC pending > 180 days. Anyone knows?

    You should send a letter to local office and demand adjudication. Attach Feb 4th memo.

    11-13 01:47 PM
    I had a question about using using AC21.

    Here is the scenario: Let us say I work for XYZ Company who applied for my 140 and 485. I have approved 140, H-1b, EAD and AP.
    If XYZ laid me off or I left them for career progression or more money 180 days after my 485 was filed and 140 approved, what happens to my 485 application?

    Wouldn't USCIS question that since my sponsoring employer does not exist anymore, who am I going to work for once I get my green card? or is this coverd under AC21?

    Please advice!

    sir, if you have worked 180 days for this employer after filling of 485, there are no issues with CIS, atleast legally. However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. ( It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. Arul, I humbly request you to do so for sake of our community. Thanks!

    12-11 03:17 PM

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