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  • stillhowlong
    01-19 05:55 PM
    As far as I know:
    if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.

    Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?





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  • bpratap
    04-10 03:46 PM
    I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.

    it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.





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  • swamy
    12-18 10:47 PM
    Hi All,

    Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).

    Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?

    THANKS IN ADVANCE!

    - Amit


    My visa:
    - I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.

    - With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?

    My Wife's visa:
    - she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
    Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?

    I would say just have all the receipt notices handy. They are not required and they didn't ask me for it when I got my visa restamped but you could carry a copy on the day of interview just to play it safe.





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    09-22 03:11 PM
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  • BECsufferer
    08-25 11:17 PM
    I have been there a couple of times - once to the old office and more recently to the new office. Just make sure you pack a lot of patience because they made me wait for about 3 hours for my number to be called. When enquiring about name checks, they werent helpful. They quoted policy of not sharing info about cases pending in security checks. Congressional liaisons are generally more helpful. I hope my experience was timely enough to be helpful. Good luck!

    Thanks for keeping me on ground ... only time I had been their was for fingerprinting 2 yrs ago. So not expecting much ... but got to line out questioners:

    1. Whatz up lazy dude? ... this will put him/ her at ease, next
    2. Check upon case status for my I485? ... this will make him bang the keys. REsult nothing.
    3. Alright, is the namecheck done? ... He will shrug shoulders
    4. Were the fingerprints alright? ... replies uh. I reply, than why the $u@^ did u let them expire
    5. Has my application pre-adjudicated? ... nope.

    Bingo ... worth my trip. And I leave.

    You guys think I missed something?





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  • jay75
    08-07 01:34 AM
    Received 2 year EAD, with pending I140(EB3 I).



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  • robert5156
    07-26 11:56 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.





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  • Indiaxyz
    03-26 11:22 AM
    Hi, I want to go from h1 to h4 to h1 all within 1 year, plus I have a US Master's degree . Please let me know if this is possible without falling under the H1B cap.

    I appreciate your help. Thanks.



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  • a_paradkar
    08-08 07:45 AM
    Pamposh:

    I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?


    What is your back up plan





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  • nozerd
    07-02 10:05 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.



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  • AirWaterandGC
    05-14 06:35 PM
    I had mentioned in earlier posts that as I understand IV's goals are broader than just getting the visa dates current. We as a organization should aim to streamline the legal immigration system at least employment based .... if possible even the family based. This would include but not be limited to at least some positive legislation that would enable more legal immigrants to get PR status.

    I assume Waldenpond, logiclife, pappu .... and all the leaders are working towards this and all of us are behind you supporting in your efforts.


    No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.

    However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.





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  • dontcareaboutGC
    08-20 02:53 PM
    I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.

    However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.

    Hope this helps.



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  • Jaime
    09-22 08:24 PM
    What if we all collect 3-5 stories each (like Ranga's) of people we know who have left or are planning to leave the U.S. as part of the Reverse Brain Drain, put them all in a book form, call this "The face of the self-inflicted U.S. Reverse Brain Drain" bind it and send copies of this book to al Congressmen, media, etc?





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  • here4gc
    04-09 02:44 PM
    call or check with them...you can ask to be on the phone also..so that you can get any questions answered..

    I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...

    Goodluck!



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  • ssterian01
    07-05 01:33 PM
    Thanks a lot, prem_goel.
    I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved

    I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
    Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.

    I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.

    How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)

    Thanks a bunch





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  • nixstor
    07-18 09:02 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    Wow! out of 20k, 300 people have signed up for monthly contributions. Here we are thinking about hiring a couple of attorneys for the whole org. Sounds ideal, but there are many reasons why applicants will still have to go with the lawyer, their employer picks.



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  • kinoos
    04-17 09:14 AM
    @softcrowd - i understand that they will understand the situation.. but is it possible that we can change the I94 date before we get out of US and do not want to carry any screenshots when travelling next time.


    @mmk123 - Please do let me know what you are doing in this situation. I am stuck in almost in the same situation.. how the I 94 date is on the 21st.. i have already re-booked my tickets for the 21st.... and with the situation this might also cancell.





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  • walking_dude
    12-05 12:02 PM
    True, it covers only Citizenship (naturalization) applicants. However, it's worthwhile to explore if this lawsuit can be extended to cover GC applicants or ACLU is willing to file another for GC applicants too . It may provide a chance to those on IV still stuck in Namechecks.

    Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.

    ACLU Press release - http://www.aclu.org/immigrants/gen/32422prs20071029.html

    ACLU Immigrants rights project E-mail - immrights@aclu.org





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  • swita
    03-25 02:56 PM
    Thanks for your replies....Do you have to go on vacation before you file the labor certification application or can you file your PERM and then go on vacation and then apply for recapture .





    rajnag21
    07-17 07:23 PM
    as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
    The ideal thing is to do it while still on h1 and then do the 485 application.

    Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !

    I look to more senior members here for better direction than the advice that I have regurgitated for you.





    Immigstories
    01-11 01:32 PM
    Gurus
    I need some guidance on my situation here: I am currently working on an H1B visa in the US. I was working for company A since Oct '06 and recently moved to Company B in December '07. I have an unexpired H1 visa stamped (associated with Company A) in my passport now. Company B promptly applied and I have the H1 Petition Receipt number (receipt date Dec 3 2007), and as of Jan 11 '08, the case is pending.

    I need to travel to India on March 1st and returning on March 23rd. As my H1 petition with Company B is in a pending status, what are my options with regards to H1 visa stamping requirements when I need to re-enter the country on March 23rd '08:

    1. Not get a new H1 visa stamp on the passport and travel with the Company A's H1 visa stamp. Is it safe attempting to re-enter the country with the H1 visa stamp from the previous employer? In that case, can I show them the old I797 and explain to the POE officer that I am currently working for a different employer and show them the new receipt notice and letter from the new employer? What if the new H1 Petition is approved a week before my travel date to India or when I am in India?

    2. Make the new H1 petition with Company B, premium and obtain an approval. Travel to India with the new I797 with either a visa stamp from canada/mexico consulate or stamping from consulate in India. I would like to avoid this option, if legally permitted, as I may not have the time in India to go for stamping.


    I apologize for the long-winded question here, and I greatly appreciate any suggestions or comments you may have. I browsed thru most of the threads in this forum, but did not answers to my specific questions.
    Thanks



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