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Not entirely true..

Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.

There are a few things to see if what your lawyer did was correct:

1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf

2) Your company has your facsimile signatures or signature stamps.

this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.

I am sure this is noticed by many :

"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "

actually you don't need even a degree to get EB1. if you have a nobel prize or pulitzer prize or olympics medal or equivalent you can apply and get eb1. (details are there in uscis website). phd and several published papers and patents are not sufficient for eb1.

Hi!

I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

Thanks for reading this thread and commenting.

It doesn't matter. You can file G-325 or G-325A.

you can use any of the consulates in india.

but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.

disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.

Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .

That means you have no reputation at all :D :D :D .. kidding.

I think all that means is that no one has given you any reputation point yet.

Wow!. I did not realise that. I an unknown quantity. What does that mean?

I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported

At the POE, did immigration understand which language you were speaking ? No wonder they deported you. Btw, I think you are fake !

I am in a similar situation...filed for AP in June...mine got approved...wife's AP has not gotten approved yet....planning to travel in early December.

I tried expediting for financial loss and got email saying that is not enough reason....

I am thinking of refiling my wife's I131 and paying the extra $300...now. What do you guys think...is there a chance of approval before end of November or is it a lost cause...

Its late if you want to go in early dec. If money is not a concern I would still try............

http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

Thanks for the link. My lawyer didn't explain clearly why he filed in Texas. This document says even though direct filing is effective July 30th you can still file to the appropriate service center. I reside in GA and so TSC is the right one. Thanks again.

1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.

Please let me know your advice. Thank you so much.

My friend joined new company from Project Manager he got a job on Associate Director. When GC was filed he was developer :-)

You can do anything as long as you don't get caught. In this case. If he moved from a developer to a PM. That in itself is a significant change in job description.

I have heard one of the lawyers say that a developer to a PM is a natural job progression. That does not make sense at all. You go from debugging your code to debugging MS-Project. The associate Director post involves something entirely different.

IF the company is willing to go along and provide the letter with the same designation as in LC, then there is nothing to worry else you would have a sword hanging till the case is adjucated.

Thanks a lot for your advice Pappu and I don't think it has anything to do with my employer, there were four other Labor Certification�s applied during the same time period and three of them already certified and mine was the only one which got screwed. I will consult with the lawyer about my situation.

Thanks for your input nycgal369.

Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

(Though I got GC now, my H1 is valid till end of 2010 :) )

My wife got RFE on her pending 485 case. But that document is gone to old address. Some how address didn't get updated on my wife's file. Now problem is we r plannng to goto india on mar 13th and she is returning back in jun. Can i ask USCIS to send it agian that document and how many days they will give for reply back. Please advice.

We should just be asking for relief on waiting times, ability to travel freely, and change jobs.

Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.

I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.

However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.

Good job Varsha.

As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.

I am working on getting appointment with our congress member - John Barrow of GA.

Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.

enjoy food.. best place to enjoy all sorts of food in US

My wife and I are from Austin. I have a few friends that are in Dallas that will be more than willing to participate in any organized activity...

When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?

Original LCA salary is like 58k and current one is 40k

looks like vldrao got his GC and took a hike ;)

The number at the bottom of the poll is the number of individual voters. Since people can vote for multiple entries, you adding up the total number votes is just that - the total number of votes. It isn't the total number of people who voted.

I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)