Wednesday, June 8, 2011

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  • gsc999
    01-19 12:48 AM
    Thanks to the members for volunteering. We have a decent number of people to put this event in place now.

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  • dilbert_cal
    04-06 02:03 AM
    Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.

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  • she81
    05-15 06:34 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?

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  • get2shailesh
    04-05 03:51 PM
    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?



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  • tabletpc
    12-16 10:22 AM
    Don't Panic but retaliate.

    Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.

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  • lostinbeta
    10-03 11:53 AM
    Thanks :) I while back I wrote an Action that produced the effect because I used to use the fade out effect a lot, but my Photoshop got screwed up somehow and I had to remove it. So I don't have that Action anymore:(

    Maybe I should remake it, I don't know, I don't use the effect as much anymore. I think I could just do it by hand.


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  • 21stIcon
    09-21 07:11 AM
    I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.

    House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.

    Salaries will go down all across board for most people, which could make less people to afford.

    Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.

    Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.

    Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.

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  • lp2007
    11-01 05:31 PM
    I think she should not have any problem with her future visits.

    My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.

    One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.

    USCIS takes between 6 weeks to <nn> weeks to process the request.

    One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.

    I hope this helps.


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  • eb3retro
    07-16 01:27 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

    1. Join the new company (the client of your current company)

    2. Have them file labor certification.

    3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

    That is all it takes. This is a standard process.

    Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

    Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

    Hope this clears your hold up.

    PM me if you need further clarification.

    Good luck on your new job.


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  • mpadapa
    08-15 02:28 PM
    give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:

    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.


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  • cal97
    03-12 02:17 PM
    Congratulations! I am not sure if the online status is being updated. I got my I-140 approval on 3/5/2009 and still shows as pending online.

    Anyways, enjoy your freedom.

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

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  • eb3_nepa
    07-20 05:29 PM
    if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.

    Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.


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  • ntpatil
    04-27 10:44 AM

    And that is the reason I wanted maximum check-in luggage with no carry on, so that she does not have any hassle while traveling.

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  • vxb2004
    07-26 07:18 PM
    You can get EAD even if your I-140 is pending.Correct me if I am wrong.

    Processing of your EAD and AP is independent of your 140 status.


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  • nrakkati
    08-15 12:32 PM
    Great.. please contribute to DC rally in anyway you can.

    Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what you are doing to community.

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  • learning01
    05-24 02:28 PM
    I think Quinn Gillespie will also opine on that and IV can take it from there.

    Can IV do a press release and circulate thru news wire? IV can write an article about legal immigration and what IV is doing for it. You can submit your release thru sites like

    They are free and if you pay some fee (I think $80), news will go to many popular news portals.

    This is a good time since all the news engines are seeking articles with keyword "immigration". I am sure this will open some more doors for IV.


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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions ( state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.



    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?

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  • txh1b
    04-15 10:46 AM
    What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.

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  • logiclife
    03-28 03:39 PM
    Yes Bheemi.

    I dont want this to be an an implied guarantee, but that is the plan for now. Things can change depending on whose bill is debated on Senate floor - SJC or Frist's S. 2454.


    09-15 11:27 AM
    Nice idea. Sometimes, bare facts are worth quite a few pictures as well. How about compiling and forwarding the following information for each of our family units?

    Items can be :
    Years spent in the US.
    Federal and state income taxes paid during these years.
    Social Security contributions made.
    Dollars and hours already spent on the immigration process.
    Number of U. S. Citizen kids, if any.
    A concise writeup on how the applicant's skill set positively impacts the employer.

    05-04 10:49 AM
    Hi Immi2006:

    thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

    Let us hope for the best.. :rolleyes:


    THose are labour filed.

    It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

    One thing that emerges clear from the data pattern :

    Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
    140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.

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