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  • IndiaBULL
    09-01 04:42 PM
    WILL DOS or USCIS release 750 new quotas for the Q1 of 2011 in the Oct VB? or just 250 new quota for Oct? then 250 for Nov and Dec?

    Any history experience? Thanks,





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  • slowwin
    05-20 09:04 AM
    This question is for an attorney:

    My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.

    Two issues arise now:

    a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?

    b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?

    Thanks for the help.
    slowwin





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  • ravikatiyar
    07-07 08:40 AM
    hi, My Lawyer says that texas SWA gave him a figure of $ 105,000 annual salary as a prevailing wage for 5 years experience java,j2ee guy. After discussing with people who have already filed in EB2 i get the feeling that this is too much amount and the wage requirement is somewhere between 80-85,0000. My lawyer is trying to downgrade me to EB3. I want to contest his claim but I am not sure what mistake he has made. What questions should I ask him to figure it out. Any help would be great.
    Ravi





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  • EAD
    02-28 02:49 PM
    Hi Guys,

    I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.

    Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.

    Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�

    Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�

    Thanks,



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  • thomachan72
    07-14 02:02 PM
    Hi Guys,

    A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.

    I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
    I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.

    Can i really do the above or am i getting too optimistic.
    Please reply soon as i have to make some really quick decisions.

    Regards
    N
    your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.





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  • smurugan
    12-07 10:12 AM
    Folks

    My situation is like this:

    I have 3 months left in my 6th year of H1B. LC and I-140 got approved and presently my employer has filed for an extension of H1B for 3 years.

    Once I get the 3-year extension, can I change jobs? I understand that my GC process resets, and I am ok with that. I am planning to get the H1B (valid for another 3 years) transferred to the new employer and would join them only after they get the I-797 (with 3 year validity)

    If my present employer revokes I-140, can I legally stay in the country on the 3-yr H1B (new employer)? Or do I lose my status and have to immediately exit the country? I am not worried about retaining my PD.

    Could you pls share your experiences in this and I would request suggestion on this. Request your help.

    Thanks



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  • desi3933
    11-22 12:26 PM
    Hi,

    Need advice from an attorney:

    My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?

    2. Is there a source on the Net that I can refer to that explains this?

    Thanks,
    AjaySri

    If you are maintaining H-1B status, you can file for status extension and will get new I-94.

    If you are using EAD and have I-485 pending "status" then I-94 extension is not necessary.


    ________________________
    Not a legal advice.
    US citizen of Indian origin





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  • Euclid
    06-29 11:59 AM
    Thanks!
    answers in blue



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  • munnu77
    08-26 04:28 PM
    i donno who told u this..thts is completely baseless and untrue..
    if it is true , i wud never need GC..will be in EAD all my life





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  • onemorecame
    07-18 11:48 AM
    I am in a complicated situation...

    Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

    So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?

    I have one question that whether you can file 2 I-485 or not?



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  • sb1122
    10-06 08:54 PM
    My wife is currently on h4. She has applied for H4 to F1 trasfer i539 application with university A in May 2008. She is currently enrolled in University A on H4 as her application is pending. Now she got admission from a better unversity (starting Spring - Jan 2009) and she wants to join this university. What is the process to transfer her university given her i539 application is still pending (and probably remain pending till early 2009).





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  • milind70
    08-02 11:13 AM
    Hello Friends,
    My EAD card is probably lost in the mail. Got approved on July 11th and never received so far . My current EAD expires on Augest 9th . I am in the risk of losing the Job. What are my options now .. Please advise ..
    I called USCIS, they are asking me to wait for 30 days .
    Contact your local Congressman and explain him your situation he should be able to help in such a situation.



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  • immi_2006
    09-20 02:54 PM
    Did i say i wasn't Happy?





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  • Blog Feeds
    05-19 10:00 AM
    Republican Presidential candidate Newt Gingrich continues to stake out his claim as the sole moderate on immigration in the GOP campaign. Politico reports that he is in favor of a legalization program that will allow "citizen boards" (similar to the draft boards of an earlier era) to determine whether undocumented immigrants deserve to stay in the US. He explicitly rejected a path to legalization. Gingrich is considered a favorite of those in the Tea Party and the candidate's more enlightened positions on immigration support the argument that not all those in the Tea Party are hardliners on immigration.

    More... (http://blogs.ilw.com/gregsiskind/2011/05/gingrich-endorses-legalization-of-the-undocumented.html)



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  • kirupa
    08-04 04:30 PM
    Images don't have borders, but am I correct in guessing you are referring to a virtual border that is used to let you know whether you want to resize or drag?

    :)





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  • Can2004
    02-27 09:19 PM
    Hi there,
    This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .

    If anybody thinks otherwise please feel free to correct me.



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  • akshaya10001
    10-10 08:58 PM
    For 2011 EB2 without spillover
    China: August'2006 and India: May'2006
    Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.

    This leaves for 2006 pending cases
    China - 2950
    India - 11800 . total ~15K
    If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?

    Pending Cases Till August'2007
    India 9809 and china 5714 total 15,500

    Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
    I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:

    October 2007 to September 2008
    Certified cases: India-7197 and China-1210
    Certified-Expired cases: India- 9371 and China-2118

    October 2008 to September 2009
    Certified cases: India- 6403 and China - 1090
    Certified-Expired: India-4984 and China-1022

    Spill Over Analysis:
    for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+

    EB1 Pending at the beging ofthe year: 7595
    Eb2 Row Pending: 8859
    Eb5 Pending: 23
    Eb2 India & China Quota will be utilized fully : 5600
    Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
    Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
    Pls share if any one able to throw light on this???????

    Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.





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  • from_va
    02-05 03:56 PM
    TVU component are safe. I have been using this site for past 4 - 5 months with out any annoying popups or spyware.





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  • rajenk
    08-17 04:52 PM
    Greetings,

    I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

    If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

    Thanks
    k

    You have to apply a new I-140 for the EB2 only then you can interfile with I-485.

    Look for details in my other post here

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1599044-eb3-to-eb2-porting-advice-needed.html





    balram
    08-06 09:11 PM
    Hi,
    Iam also in the same situation as yours.
    How did you change the Name on the Pending
    I-485 and EAd.Please let me know.
    I would greatly appreciate your help.
    Thanks
    balram





    rajmirk
    07-20 01:00 PM
    Rule 1: Life is not fair -- get used to it!

    - From Bill Gates' 11 Rules of Life

    I wouldn't say Gates is a loser, but whoever really believes this is one.