Turtle Tattoo Designs

^^

For the same reason, please help yourself to the NORCAL thread;)

To port from EB3 to EB2, you will need an approved EB2 labor.
You can't just randomly convert your EB3 to EB2 just because you are more qualified, etc. Besides the category, Eb1,2,3 is determined by the job requirements, not your qualification. So you could be a PhD from MIT, but if the job requires only a Bachelor's for example, you can't do an Eb2.

So in your case, your new employer C would need to file for a new labor in EB2 and then do the 140 after labor approval.

I'm not a 100% sure if you can do the porting while filing the new 140 or only after its approval. For that you might need to confirm with an attorney consult.

My advice - spend the 100/200 bucks and get a 1 hour consult with a reputed attorney or the attorney that employer C works with.

@TheCanadian, glos is a cunning one. :look:

Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:

But it was fun making them and I've had some ideas for new themes!

Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.

So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4

Hi iptel,

Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.

http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf

Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.

Folks preparing material to present may find some useful statistics here.

DesiGuy,

What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?

Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.

This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.

Just to correct you - if you request USCIS to port your old PD during 2nd 140 approval you are good; if you request during I-485 , you got to attach both I140s, which is another recipe for confusion.
In my case I ported but did not get the benefit yet ;

Do it when you have desperate situation? Not sure whether USCIS scrutinize
such applications more than others.

Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

So just wanted to understand if this was even legally possible.

Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.

Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.

Congrats...

Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.

After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.

In fact your latest I94 number is needed on ALL your forms. So you will not be able to even complete the forms till you get back. So either
1) Cut your trip short and return
OR
2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back


So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

- GS

I just received some information from my attorney today about my i-140 premium processing application that was filed on 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.
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.

Suggestions and advice would be appreciated.


This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

I'm due for my H1 visa extn as it is going to expire in Apr-2010 and my employer is going to do it anytime soon. I have heard that these days USICS is extending the H1 based on the project end date mentioned on Purchase Order, if that is the case then
[1] does it mean that we can get extn only for 6 months or so instead of 3 yrs [if your I-140 is approved]?
[2] And after six months do we again have to file for extn and pay all the fees again ?

Any help on this issue is highly appreciated.
Waiting to hear back from all of you.

Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?

whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.

thanks!

You cannot know about a revoked I-140.

But if you filed a 485 based on that 140, then since 140 denial/revoking automatically closes the 485, you will get a denial notice for the 485 and that is how you know.

Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.

Please suggest.

Durbin likes to have it both ways - be perceived as being pro-immigration (for his work on behalf of Hispanic illegal immigrants) but also being the champion of unions. I think he might respond if he starts to get labeled as anti-immigrant. He will not want to start to get the label of being someone who opposes immigrants. But I'd probably stick to the flowers and make it IV's signature. When the media hears about another flower campaign, they'll know something big is up and that the person getting the flowers is being targeted for an important reason.

For some reason this thread caught my attention. Looks like this was discussed sometime back.

Sending flowers once again ???? Is this a good idea :D:D:D

I-94 also does not have the date written

Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .

Please be good enough to join your state chapter
We need all members' help if we are to succeeed.
I hope to see you in DC, but there is much to do even before!

I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.

Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.

You are not alone.

We have the same problem.

EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.

Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.

Big headache.

Good luck everyone.

J

PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(