
sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.

kiranatl
09-03 03:55 PM
I spoke with a 2nd level officer and came to know that my case is preadjudicated..but still not assigned to an officer and obviously the visa number has not been assigned. Is there anything I could do to make my case assigned to an IO in order to get the visa number and ofcourse the CPO?? Anyone experienced this??

kshitijnt
03-04 05:05 PM
congrats buddy. Atleast some good news in a string of bad ones :)

srinivas_o
08-22 02:54 PM
Bump
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plassey
08-04 07:11 AM
Receipt Number: LIN0722450002
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 2, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 2, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

check_name
07-24 07:32 PM
what's the full name of Murthy?
thanks!
Isn't Murthy in the DC Area?
thanks!
Isn't Murthy in the DC Area?
more...

whiteStallion
03-01 02:35 PM
Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.

neoklaus
10-22 01:02 PM
If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.
Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).
Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).
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Sugar
07-10 11:53 AM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

logiclife
06-02 05:35 PM
IV on Bay Area TV - FOX-2 (KTVU)
Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.
Dont live in Bay area:
If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.
If you live in San Francisco/Bay area:
This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.
This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)
Thanks.
Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.
Dont live in Bay area:
If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.
If you live in San Francisco/Bay area:
This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.
This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)
Thanks.
more...

kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===

chanduv23
09-03 10:00 PM
Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.
While few members are highly informed on all these things, a lot of members will have basic questions.
Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.
more...
Prashanthi
05-27 05:15 PM
it only makes sense to avoid a labor cert if you file under one of the EB-1 categories as this is current, you can avoid the wait for the visa numbers which is substantial. The three categories under the first preference are: (I) Persons of Extraordinary Ability, (ii) Outstanding Professors and Researchers; and (iii) Multinationals Executives or Managers.
You may qualify for the 1st or 2nd one depending on your achievements.
You may qualify for the 1st or 2nd one depending on your achievements.
langagadu
07-31 09:34 PM
Totally confusing story. I am like Ram Gopal Varma (movie director), I don't know the end.
http://immigrationvoice.org/forum/348927-post14.html
Your situation may be real situation but the way you are describing is so confusing in the 2 threads.
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
http://immigrationvoice.org/forum/348927-post14.html
Your situation may be real situation but the way you are describing is so confusing in the 2 threads.
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
more...

saurav_4096
10-15 10:38 AM
I think you there should not be problem as you have new job offer...
One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.
Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?
Good Luck...
One thing I could not understand , why have they called for interview ? I know few people in similar situation got their GC mailed to them.
Have you informed USCIS about AC-21 after leaving petitioner epmloyer ?
Good Luck...

amitjoey
05-02 07:00 PM
gcnirvana, you are awesome. These words mean a lot.
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Humhongekamyab
02-24 02:39 PM
For those who think that this is good and will not affect them -
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.

desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin

rockstart
01-25 12:50 PM
I recently updated my address thro AR 11 online and also submitted the SRC numbers for the 485 pending for myself and wife. I received a mail (post) stating that USCIS has received my change of address notification and they have udated the new address to my 485 application. I received two seperate letters for me and spouse. But there is no change online on LUD's to those case which are 11/4 when my fingerprinting status was updated. Does this mean USCIS has goofed the address change? I have safely filed the USCIS receipt's with me in case they create issue in future. :o
sheshadripv
12-13 12:02 PM
Hey mind your language. I just wanted a prompt answer. If you don't know about L1 visa, you don't need to reply.
Thanks,
Sheshadri
Thanks,
Sheshadri
shivarajan
02-15 02:12 PM
1. In case of foreign currency payment, u can always walk to airline's kiosk in nearest airport and make a payment using any CC in USD.
2. Different travel sites have quota from airlines and they show different route/sector for different $$, so no one is best at all times!
2. Use aggregation search site like http://www.mobissimo.com to find best deals!
2. Different travel sites have quota from airlines and they show different route/sector for different $$, so no one is best at all times!
2. Use aggregation search site like http://www.mobissimo.com to find best deals!
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