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  • shivaniraina
    07-21 02:20 PM
    You are exempt from the cap:) . Your immigration lawyer can confirm this.

    I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.

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  • ilikekilo
    05-21 04:34 PM
    haha....that is funny

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  • guygeek007
    08-06 11:08 AM
    I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

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  • sid3699
    09-16 10:13 PM
    My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.

    What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?

    I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?

    Thanks very much.


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  • cooldude
    08-03 10:26 PM

    Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

    But I don't think all the July 2 filers have their checks cashed out. And secondly for Nekraska the I-485 cut-off date is mentioned as "7/112007". May be it's a typo and it is infact 7/1/2007.

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  • speedo
    08-14 03:25 PM
    I-485 AD: Jul-02-2007
    I-485 ND: Jul-31-2007

    still waiting for fingerprint notice.


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  • prioritydate
    08-14 12:57 PM
    I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.

    Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.

    Ok. I added another clause. I-140, name check etc are approved.

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  • cdeneo
    12-13 07:11 PM
    I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.

    Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.


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  • yabadaba
    06-18 12:44 PM
    thanks reno john!

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  • snathan
    05-12 07:07 PM
    Yes he can apply EB-2 and claim experience gained from the same company as long as the new job description is 50% different from the current job position.

    I don't have MS, my promotion job requirement was BS+7 Years out of which I claimed 2 years from the same company. Attorney had to prepare a document that shows the difference between the future job and the current. I had my labor approved without issues.

    Normally you wouldnt have any issues during labor process. The EB2-Eb3 is more scrutinized only during the I-140 approval.


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  • tiger05
    03-01 07:45 PM
    Hi Rocky,

    Thanks for your reply

    Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.

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  • keiryu
    08-20 04:07 PM
    When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.


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  • zbd
    01-12 08:47 PM
    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...

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  • eastindia
    01-13 07:38 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

    Ha Ha ;):D:o:):(:confused:

    Stop this spreading without proof.


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  • jsb
    12-16 09:10 AM
    Any of got approved based on this memo ?

    I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.

    Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.

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  • satyasaich
    04-23 12:42 AM
    You are correct.
    Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.

    so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!


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  • mallu
    07-19 08:49 PM
    And ask many Indians,Chinese etc about their namecheck experience :-)

    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.

    I really hope they rely on electronic documents and don't push paper from one office to another.

    First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.

    The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.

    I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.

    We will win at the end, because we have not done anything wrong. Just keep unity.

    I contributed $150

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  • chanduv23
    08-14 11:14 PM
    The fact sheet is a must read for all IV members. Please use this fact sheet and then judge yourself - whether you want to talk about receipt notices or go to the rally.

    Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.

    Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.

    Let the community have a realistic view of the situation.

    If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.

    So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.

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  • WeShallOvercome
    12-13 01:59 AM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

    Thanks franklin,

    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...

    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..

    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.

    08-01 05:49 PM
    I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
    NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
    I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
    Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
    So they will bend their rule for illegals, but don't for legals!
    I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.

    08-15 05:34 PM

    I got RFE as PAchai_Attai, the difference is he got NOID.
    My attorney has submitted evidences a week ago, still now no updates on my 485.
    I have not got tracking # from attorney, he sent email that he submitted evidences. He said he can not check which is my track # used to my case in his office.
    He said I have to wait long time to see updates on my case, becuase USCIS is receiving applications in flood.
    These Evidences supposed to received by USCIS before Aug 13th. My case is at NSC.
    I am in confusion that how to deal this.

    Please advise.


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