Sunday, June 12, 2011

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  • krishmunn
    03-04 12:28 PM
    Also from Attorney blogs ---- If the employer does not file a new LCA (and you are not in a position to ask for it or quit the job), send a mail to Employer asking for a copy of new LCA as of first day of work in the new site. By law , it is employer's responsibility to file a new LCA and give a copy to you. If you send the mail, it is a proof that you have been trying to be on right side of law and employer is at fault.

    If in future, you are held accountable for falling out of status, attorneys will probably be able to convince CIS that it is not your fault and save your case.

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  • cbpds
    02-11 01:26 PM
    you can send it via usps , it will reach in 10 days.

    Disclaimer: Again there is always an element of risk in life :)

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  • gemini23
    08-02 12:57 PM
    my experience with all carriers including fedex/dhl and others have been bad. Infact no one can guarantee a timely delivery for international shipments, as there is customs check, that can delay the delivery. Customs clearance is not controlled by these carrier companies, though they can only expedite it.

    my 2 cents.

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  • aadimanav
    11-02 11:06 AM
    exactly! this is almost a disaster for EB folks, most people dont realize that: they think the queue is getting smaller. The queue will remain the same, .

    If you take out 61000 out of a queue the queue becomes smaller. It is as simple as that.

    The thing is that you want to see from the point of view where you are standing in the queue. If there are no nurses ahead of you in the line (as Paskal mentioned that earlier 50,000 were recaptured), that doesn't mean there are no nurses behind you in the queue. Overall size of the the queue becomes smaller.

    However, it would have been good if the recapture was for everyone (not just nurses). Something is better than nothing. No recapture is better than recapture for someone.


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  • raghav0
    11-12 11:00 AM
    Thanks for the posting...just voted!

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  • alisa
    08-03 12:10 PM
    I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:

    Received by USCIS on June 4th 2007. Have been waiting since.
    So 400+ days for me too...


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  • srgadi
    07-21 01:23 AM
    Wont' redirection of US Mail work to forward these?

    Nope, USCIS requests USPS to not to forward but return to sender if not delivered.

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  • zoooom
    06-17 07:59 PM
    How about this scenario..
    I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?


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  • bsbawa10
    09-04 09:45 AM
    USCIS has all information but they might not have resource/time to collect information about old cases that�s why they might be seeking help from other body.

    How difficult is it to find info about the old cases. It is a simple search query on the database. (One single query)

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  • fromnaija
    07-30 10:08 PM
    Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?

    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.


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  • hsingh82
    04-28 12:09 AM
    Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?

    Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.

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  • jayram123
    07-18 07:34 AM



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  • mbawa2574
    07-12 02:47 PM
    It's election time guys- they are working on 2008 run. They will not like to come in lime light helping the immigrants. Clinton is the most crooked candidate in this run when it comes to Indians and India. See her voting record from last year or so.

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  • VenuK
    06-16 02:10 PM
    I recently went for stamping in Canada and they did ask me recent paystubs.
    I woudl work for the new company , have some paystubs and then go to neighboring country to get the stamping done. But if the current visa on passport is valid for some more time, I dont think its really needed to get visa from latest company. To my knowledge u can always use old stamp to travel, as long as you have the latest aproval petition and you carry with you,I may be wrong if somehting changed recently,

    Hi Sri,
    Thanks for your feedback.
    The current/recent visa on my passport is expired in Dec 2007. but i have applied for H1-B extension in June 2007.
    Thats why im so nervous about the whole situation.
    fyi... I have all the pay stubs from my old company till May 2008.


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  • insbaby
    09-15 04:25 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    for couple of days you can try walk on your hands...

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  • MArch172008
    05-22 07:26 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job


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  • Catherine
    06-27 11:16 PM
    Thank you for the information, Tazike. I've heard many conflicting viewpoints on this but none that say you immediately lose your status - I will look into it.

    I can say, though, that I've traveled in and out of the US on my green card since the divorce became final, including telling an immigration official that I was now divorced on my most recent return, and yet I have still been allowed back in each time. Perhaps I have just been lucky. Also, I did mention on that last journey that I have a waiver application currently submitted.

    Fingers crossed...

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  • kate123
    06-17 01:06 PM
    It is not illegal to sell applications. It is illegal to work without authorization. Please note the semantics and the technicality.

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.

    In short ... go ahead and do it. As sac-r-ten says go ahead and live your dream .. develop your apps, create wealth and dont worry about stupid man-made rules to encumber people ... :-)

    PS : Please recommend a good objective - C / Cocoa book for Mac/iPhone programming..

    It is illegal to derive income by selling iphone apps.
    For F1 students, any off campus employment must be related to their area of study and must be authorized by your school's designated official...

    see: USCIS - Students and Employment ( D&vgnextchannel=e34c83453d4a3210VgnVCM100000b92ca60a RCRD)

    Again, you are not supposed to derive any income by selling iphone apps.

    Disclaimer: I am not a lawyer. Please do not take this as a legal advice.

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  • gdhiren
    05-08 10:24 AM
    There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.

    08-26 11:10 AM
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    06-17 09:24 PM


    This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

    1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

    no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.

    2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

    If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)

    Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.


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