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    • arsh007
    12-21 08:58 AM
    Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.



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    • hope_4_best
    09-05 04:25 PM
    While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?



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    • BharatPremi
    10-24 01:33 PM
    You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.

    What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.

    Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.



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    • cox
    November 2nd, 2005, 12:31 AM
    Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't...

    Yeah, but I respect the opinions of the web-browsing advisor more... :)
    Need some urgent help [Archive] - Immigration Voice
    Log in

    View Full Version : Need some urgent help



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    • ram112
    09-03 05:09 AM
    Folks,

    I got greened today, surprisingly. Could anyone let me know what are the good numbers to reach a human in USCIS, hopefully with less wait time. I wanted to check with them what address they have on file. I filed an address change in JUne but I am not sure if they have it right in their systems. Also, is there a way to get this information without calling them.

    Thanks a lot ..



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    • needinfo80
    09-09 10:08 AM
    Anybody pl.. need information urgently on medical RfE


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    • kumjay
    06-28 03:58 PM
    Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.



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    • rajpatelemail
    12-15 09:31 AM
    I am lil bit concerned how his spouse I485 eill be dealt.

    With AC21/H1transfer , i guess her status is also fine.


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    • pasupuleti
    01-31 12:21 PM
    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.

    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)



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    • rsdang
    11-17 02:43 PM
    I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

    As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

    Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

    I have had a valid H1 and AP for a while now and travelled on AP without issues.

    Hope it helped.


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    • anindya1234
    07-17 10:34 PM
    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

    Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?



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    • mrajatish
    01-24 12:21 PM
    Friends,
    As part of the Washington State Chapter, I want to arrange a conference call for all Washington, Oregon and Idaho state members. I will send out details soon on the conf call.

    The main agenda will be
    1. How to increase awareness about IV and increase its member base/funding?
    2. How to target the big employers in this region (e.g., Intel, Microsoft)?
    3. How to meet all Congressmen and their Immigration staff?

    Thanks,
    Raj
    mrajatish@yahoo.com


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    • vine93
    08-06 09:19 PM
    Please sit together and talk.



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    • rsrikant
    08-09 08:59 AM
    i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
    My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.

    Is he correct? Will there be no problem with my application?


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    • ash0210
    12-02 11:53 AM
    **** READ question 3 from May12,2005 MEMO (or search/read the full Memo)

    20 Massachusetts Avenue, NW Washington, DC 20529 HQPRD 70/6.2.8-P To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS From: William R. Yates /S/ Associate Director for Operations United States Citizenship and Immigration Services Department of Homeland Security Date: May 12, 2005

    Memorandum for Service Center Directors, et al.

    Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 3. What is �same or similar� occupational classification for purposes of I-140 portability?

    Answer:When making a determination if the new employment is the �same or similar� occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the �same or similar� occupational classification.

    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of �same or similar� occupational classification.

    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).



    Guys,

    Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?

    Thanks



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    • JDM
    08-06 08:53 PM
    I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:

    Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
    Looks strange.


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    • kishdam
    03-19 12:16 PM
    I-140 withdrawal is not mandatory but it's good for both - employer and employee.

    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.



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    • Rb_newsletter
    01-22 05:49 PM
    There should be a way to appeal. Talk to your employer and attorney and get their advice. Until you get the paper/reason for denial, you may not get solid advice. But in the mean while, get all the documents ready, like pay stubs, tax docs, client letter, contract docs, etc... That way you will have all needed docs in hand and can appeal the denial as soon as you get the denial reason.

    Are you working full-time or consulting? If it is consulting, then may the latest employer-employee relationship memo played its role.

    Key is stay calm and consider every possible way. Your fellow IV-ians here can feel the pain that you go through. We wish your issue gets resolved quickly.



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    • susie
    07-13 09:32 PM
    Hi:

    Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)

    Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?

    Thanks,
    Jayant

    Now I am curious to see if I have any so making this post to check



    kumarc123
    11-06 03:46 PM
    sreedhar


    Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
    There are lot of us out there who have their personal decisions at stake.



    smisachu
    01-02 02:09 AM
    See my answers below. Best of Luck!!


    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
    Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
    Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]


    Posted by Eurddolen at 9:25 AM

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