Turtle Tattoo Designs

Department of Homeland security (DHS) doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice.This DHS announcement has nothing to do with background checks for AOS cases.

:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."

I have used AC21 to change jobs but I am still on H1....Now i am worried.

Looks like the best bet for you would be to give the exam in either Houston or Dallas.

I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.

Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?

Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.

I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


You can file spouse 485 later but not always
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Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.

Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)

it would be more fun if we vote for the ones we don't like

I was just going over PERM data (http://www.flcdatacenter.com/CasePerm.aspx) for FY 2005 and 2006. I found that 19,515 cases were approved for India, for cases filed between March 2005-Dec 31 2005. This includes EB2 and EB3. This is smaller than what I was expecting.

Anybody have any data on LCs approved (India) for cases filed b/w Jan 04-Mar05?

Satish,
Did you see these updated today (2/21) ?

Where did you see that ??

Thanks

As someone mentioned - Do not Lie.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.

Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.

But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.

Placed a google order for $100
Google Order #570596617489866

@waitingnwaiting


How many of these 7 toppers are from Telengana and how many are from your district?

This news is not related to immigration but one about Tri Valley University is. About 1000 students, mostly from Andghra pradesh face deportation for immigration fraud.

Also, keep in mind that CIS has said they are coming out with a regulation on AC21 sometime soon. There is no telling how favorable that will be.
I am suspecting it will not be favorable at all

Hi boston_guy147

Are there any OPT Electrical Engineer positions?
A friend is looking ..
Is there an email/ph to contact you?

Thanks

This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

Thanks a lot - your help is much appreciated!

Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.

The above said is correct only if you have an approved AP with you.

I got approval of H1 extension applied on Aug. 06...
Was this premium or regular processing?

Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.

Good Luck..
RV..

"AP is Advance Parole" to enter US.

yes i did call them and they were asking me for a social security number which i donot have so how do i deal with this.

Recognize that there are many among us who have Phds from top 5 schools and are currently employed as professors and researchers. Many of them are in EB-2 and going through this same BS as you and me. If you feel so frustrated and betrayed, imagine what these professors and researchers must be going through. Life is never fair .. that is nature's way.

Some people will inevitably get a GC on a platter .. whether that is by way of winning a diversity lottery, or family immigration or a fake marriage. No point wasting time in self-pity.


People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

Is there any use in comming here as a student?? anymore..

Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date

So both cases are now current, which leads to a couple of options for AOS:

1. File based on approved EB3 (and risk a potential retrogression in future)

2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?

My case is also similar and I decided to go with EB2

My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.

It does not become any less fraudulent if the employer participates in it. You are applying for a Green Card sponsored by an employer saying that employer needs you, without ever intending to work for them once you get it. Don't you see it. Its fraud.


This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.

I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.