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    • waiting_4_gc
    08-24 08:00 PM
    Hello Gurus,

    Here is my situation and I really appreciate your advice:

    I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.

    I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.

    Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.

    1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?

    2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?


    Thanks in advance!!!



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    • Michael chertoff
    10-23 07:29 PM
    hi all
    im in F2B ( LPR filing for son over 21 )
    my PD : 12-aug-2009
    ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
    AM I RIGHT ?????
    any insight will be appreciated

    100 % right. Have a nice weekend.

    MC



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    • hibworker
    07-26 03:55 PM
    Your situation isn't too tough.

    Yes you will need a new F1 visa to re-enter. Nobody knows your chances of rejection, just take all the docs and hope for the best.

    If your F1 gets rejected then you can come back on valid H4 - I don't think they will cancel other valid visas. However once you are back here you'll have to again apply for a COS to
    F1



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    • finimits
    04-25 03:17 PM
    Ssashraf, please don't answer a thread question with another similar question. I'm not sure it helps much. In forum posting, that usually leads to disinterest and 'dead' threads where none of the questions are really answered.
    I would either wait for at least one answer or creat a new thread.
    Thanks!


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    • NKR
    10-21 08:32 PM
    With the risk of this news being branded too India specific, i am posting this...

    go to

    http://www.isro.org/pslv-c11/videos/introduction.htm for live webcast of chandrayaan launch. the launch is scheduled to be at 8.50 PM ET



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    • imconfused
    09-19 04:25 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?


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    • rockstart
    07-20 08:32 PM
    Spoke to Virgin Atlantic cust rep last week for flight from US to India via London and they said they cannot accept Advance Parole for transit and I would need UK Transit Visa or Valid US visa.



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    • lecter
    January 31st, 2004, 09:24 PM
    I agree with Steve, the competition and advances are amazing...

    expensive for those that like the pointy end......
    whats the next step ? [Archive] - Immigration Voice
    Log in

    View Full Version : whats the next step ?



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    • amyleu
    06-18 12:55 PM
    I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:

    1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?

    2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?

    3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?

    4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?

    Anybody, please advise. Thank you very much.



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    • imcdude
    04-19 03:28 PM
    uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.

    Sorry to hear that dude.

    Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!

    Please write a letter to the First Lady.
    Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
    PM me if u need any info.


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    • kak1978
    05-06 02:18 PM
    Yes, You are eligible for In-state tuition. You may have to meet the domicle requirements of the state of Georgia though.



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    • sundeep14
    07-14 04:40 PM
    Any updates gurus?


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    • kak1978
    01-04 09:57 AM
    Bump.



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    • asanghi
    06-22 02:18 PM
    If both I-94s belong to the same person then I think it is normal.

    I entered country last time in 2005. After that I have my H1 renewed twice both times I-94 number stayed the same. Same also goes for my wife. The renewed I-94 always carries the same number as the one you got while entering the country.


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    • WaitingUnlimited
    01-20 12:51 PM
    I think you should be honest and mention the details correctly.

    Your company needs to file the immigration petition. So mention your company's name.

    Good Luck



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    • Blog Feeds
    06-10 06:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Citizenship and Immigration Service (USCIS) is seeking public comment on a proposed federal rule (http://www.federalregister.gov/OFRUpload/OFRData/2010-13991_PI.pdf) that would adjust most fees by 10% for immigration benefit applications and petitions.

    USCIS is a fee-based organization with about 90% of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether its costs to administer the nation�s immigration laws, process application, and provide the infrastructure needed to support those activities. A fee adjustment, as detailed in the proposed rule, is necessary to ensure that the USCIS recovers the cost of their operations while also meeting the application processing goals identified in the 2007 fee rule.

    Members of the public are encouraged to submit comments and/or suggestions to USCIS.

    Comments may be submitted through regulations.gov (http://www.regulations.gov/search/Regs/home.html#home). The comment period runs for 45 days, beginning June 11, 2010 and ending July 26, 2010.

    Proposal to Adjust Fees for Immigration Benefits: Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Proposal to Adjust Fees for Immigration Benefits: Fact Sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Current and Proposed Immigration Fees can be found on the Fact Sheet provided above.

    ***All information has been taken from USCIS.GOV





    More... (http://www.h1bvisalawyerblog.com/2010/06/news_release_uscis_seeks_publi.html)


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    • dealsnet
    12-01 03:30 PM
    Check recent visa bulletin. Now a days, bringing spouse by Citizen and GC holders are of not much difference. Go to India and do the marriage, and come back and file I-130. December bulletin calling for August 2010 filers. Forget about H1B and F1.

    Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;

    INDIA
    08-01-10



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    • Hrithik
    01-21 12:07 AM
    Hi,

    I am quite frustrated with my present situation. Here's my sad story:

    I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(

    Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(

    Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.

    I am planning to quit the company B and join company C.

    Here are my questions:

    1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?

    2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?

    I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)

    Please help me !!

    Regards.
    Hrithik.



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    • srh1
    08-18 01:04 PM
    I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.



    loudobbs
    08-28 12:56 PM
    sure...attend the Immigration Rally!!

    what to do after attending the rally?:D



    GCisLottery
    03-24 01:13 PM
    I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.

    I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.

    Not in this forum I would argue. There are other places.

    http://www.desicrunch.com/
    http://www.itcontractorrating.com
    http://www.h1bmates.com
    http://www.skipnext.com
    http://www.goolti.com


    Posted by Lanita at 5:50 AM

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