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You can take an infopass appt at the local office and speak to an immigration officer. I know of a similar case where the USCIS officer said that the derivative 485 application is no longer valid after divorce, and the derivative application will be denied. He sent some email to the service center asking them to deny the derivative 485. The primary 485 was still approved - I don't know what happened to the spouse's application.

In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.

Dear IV Members,

I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.

Plz help me out as to how can i fix the exchanged dates ???????????

I will be really thankful to you
Thanking
alkg

i would recommend --

its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.

Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck

There will be a big demonstration in support of comprehensive immigration reform outside the hearings on the immigration bills next Wednesday in Philadelphia. If there anybody would like to speak, I could try to get you on the list.

Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

1. Join the new company (the client of your current company)

2. Have them file labor certification.

3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

That is all it takes. This is a standard process.

Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

Hope this clears your hold up.

PM me if you need further clarification.

Good luck on your new job.

-Raj:)

Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.

You should consider getting professional advice both for your immigration issues as well as your personality disorder.

Get a life!!!


________________
Not a legal advice.

kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...

hope this helps
Thanks

Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.

Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:

1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..

If somebody clarify me that is great .

Thanks

My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question

Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.

No more questions and no more answers

Thanks for the response.

H1B extension was denied in Feb 2009 after almost 2 and half years of processing.

??: H-1B ext denied?

I spoke to my lawyer and he said it shouldn't be a problem.

Once again thank you very much for your response.

We would like to Thank every onefor providing detailed advices - considering various aspects of life.

Will surely update the thread when we make a final decision.

thanks for answering. I guess this is a stupid question, but i have one.

would the applicant need to have a job while applying for EAD renewal?

If he is willing to co-operate, she can file. If she file without his permission, he can cancel her petition any time before adjudication. The petition have the validity until the divorce. If he is not supporting with her GC, nothing can be done. She will loose her H4 status also. She need to find some other way to be in staus like, Student visa, her own H1B, marry a citizen, H1B.
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution

I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?

I appreciate your feedback. Thank you.
Amend the LC!

QGA, Senators and their staff do have my heartfelt thanks. I wonder how we can convey our thanks to all of them in some orderly fashion.

A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.

My two cents.

Here it is

Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

And here is what OH says in his breaking news for July 24th after this memo

0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.


You should ask your lawyer to get an amendment. I read here yday somebody doing that.

I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

Don't worry. I have seen several similar cases before. Most probably, you will get your case approved in a couple of days. Congrats for getting the GC.

Are we supposed to get every year?? did ur friend apply EAD renewal online ?

I remember reading somewhere on USCIS website and this forum that FP taken in late 2007 (probably for all July 2007 filers) will last for the duration of AOS application...

This must be for bad FP or for missing FP for self or any family member...

can any one give some information on this

Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.

You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?

I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?

I appreciate your feedback. Thank you.

There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.