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I am very thankful for such a generous response in such a short span of time.


I have everything back with me except I-94 and VISA ( which can be had in india).






I owe this forum a lot.....:) and i will have to repay it ...

I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.

Oh, that is awesome=)

Congratulations on a job well done:)

Thanks guys..i did approach another attorney and he said i should be OK as i have a clean record, that i should not get stuck with the 'semantics' of company mergers which happens all the time.

Having said that my current attorney is not asking for more money..so i am confused. But with the Aug.17 deadline fast approaching i will at least complete the paper work and wait for further advice from you kind folks. Thanks

http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

This is crazy. How come am waiting for my I-140 since May 15, 2006

Please visit www.helpvinay.org to get furthur details.
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org

If you have any more questions, I can answer

How one can help him, what should we do?

Need 3 more volunteers for non bay area members to help calling bay area people!

Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .

My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

Here is the timeline

Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .

Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

nit_sea,

I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

Good luck,

Nag

Gimmegreen,
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....

I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...

Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...

Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"

SoP

i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .

+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.

+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.

If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?

Kindly advise...

Thanks!

Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

For tips to the other readers.

Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

This has worked in many cases as doing such bothe employer and employee gets best of both worlds.

Friends Need Advise Please!

My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.

Any answers would be greatly appreciated.

there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.

I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.

kanaka

When you search by Nationality, it doesnt return any results.
Once you search by Category (EB), it returns results, but then when you try to sort by a column heard, it loses this restriction.

Also, the sorting doesnt seem to work.

Famous Indian americans...

1. Are they influential Indian Americans?
2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...

Thanks.

I would like to share my I485 experience.

1.Brief History and Denial reason.

Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.

it was denied due to clear error.

2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.

Wrote letter seeking help of senator explaining situation.

Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

Did finger printing in May.

Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.

I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


.

Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.

>IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

No. Its all the same 221(g) or Administrative Processing.

I am in a similar boat [not sure about the reason though, no reasons were given]. My lawyer is going to re-file with premium processing citing an old receipt date of June 27th, 2007. Any updates from your side?

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.

http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm

If more People think like this we will be in good shape.

Thanks,

thanks! GC4menow,

Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:

1. What is USDOS for? Department of state? Who decides Retrogression?

2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?

I hope that sb can write "inside gc process":)

That must be because of EB-3 ROW. When there is huge demand everything went there. But I am more surprised with EB-2. EB-2 ROW and EB-2 Mexico were current for the entire last year ,it seems EB-2 India and China might have got more than 2800 visas definitely. Can we find how much they got for EB2 last year?

Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.

Even my lawyer told me that I can be on Both H1-B and EAD

But It is not true for H4 , You can not be on Both H4 and EAD