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I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?

You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.

The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

Secondly, GOVT would lose EAD renewal, AP revenue etc.

So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
my understanding of the US system is this ..a law passes in 2 scenarios ..one is if there is a great need due to urgent issues (example homeland security etc) and the second one is lobbying ..which takes place behind the scenes
(for e.g. nurse lobbyists, university lobbyists - increase of student OPT, oil companies, home builders, tech lobbyists etc etc)
earlier tech lobby was responsible for passage of most immi bills ..but nowadays they have more flexibility and hence they maynot be supporting much in terms of money. (because they simply outsource or they use company to company transfers).

so the only hope is for a new group of lobbyists to come in the picture and the only one that I can think of is the realtors / home builders etc. (for our benefit)
ofcourse the problem for us is that homebuilders / realtors are lobbying for passage of tax credits for new buyers etc (and hence you can see the speed at which housing bill is cruising) ..now if someone were to make a link between immi and housing ..then who knows something could happen

see we got some hope..........
thanks a lot for the update...........

Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

You must also look at the "actual wage."

H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

Best of luck on your 140




Cheeers !

Thank you everyone for your responses.

I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.

my H1B transfer petition still in query.

Is there any way to apply through some other company ?

What will be my status now ?

Pls kindly advise me .

To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.

In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.

I and my wife got this update from CRIS. Anyone seen this before or know what it means?
--------------------------------------------------------------------------------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: LINXXXXXXXX

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

On March 9, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)

Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:

You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.

Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.


In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...

^^^^^^^^^^^

I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.

hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?

I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.

I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.

Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.

Just my 2 cents.


All,

Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.

There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."

(1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.

(2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.

(3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.

BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.

Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.

best,
Berkeleybee

Focus on your goal. Emotions may not take you there.

If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.

It is your choice. And yes you can file legal case against law firm. But then what?

Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?

Thank you
Ravi

Hi Dhundhun,

Thanks for your response.
to your question:

.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.

VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.

advices are always appreciated

Pls let me know...

With Thanks,
Venu

this is a hot topic right now..!!

many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

In no way,this situation can be treated as a substituted labor...

So may I take it from this thread, bottom line that we cant do it..

GCcube: How did you come to know that your NC / SC is cleared?
Did you call IO
( Question: If that is the case, your PD is current, are you/ or not eligible for 180 DAYS name check policy. there are cases being approved where PD is current, RD is not

bablata2007: What is the status of your 140?

we have become subject of joke for them!

^^^^^^^

bump

^^^^^^^

Thank you nousername, any suggested Attorney please advice