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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth





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  • neema
    11-29 02:22 PM
    I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

    The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

    My question is:

    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    Any help is greatly appreciated, I need to decide fast. Thanks a lot.





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  • greencardvow
    07-18 08:02 PM
    Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site.

    I believe that you do not have to refile just because you lost the hard copy...
    This is not a lottery ticket that if you lose, you are left with nothing..
    There must a procedure to get the same certificate reissued from DOL..
    Please do the research and let is know...





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  • ndbhatt
    12-03 06:27 PM
    Visa recapture should be projected as corrective action of wasting approved quota of visa which would otherwise have been utilize, if not for agencies inefficiency. So it is fixative action of already approved visas that went un-utilized.
    Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.



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  • superdude
    08-15 02:04 PM
    eeeee thats painful. Happend so many times. It is like Lotto but at the end we say Samay se pehle or Bhagya se adhik kuch nahi milta (before time and more than your destiny you don't get anything)

    Please refrain from using non english languages in the forums





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  • hpandey
    04-29 10:54 AM
    Thanks kaisersose.

    Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

    Thanks.

    H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.

    H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .

    I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.



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  • travellertvr
    03-22 01:38 PM
    I entered in the US on November 30, 2009 with H1-B visa valid till September 19, 2011, but passport expiration date was January 3, 2010. Customs and Border Protection officer put January 3, 2010 expiration date on my I-94. On December 11, 2009 I received new passport valid till December 11, 2014, but I-94 date has never been changed.

    I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.

    The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.

    According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.

    Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?





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  • sagar_nyc
    02-11 11:45 PM
    I am with the same employer. Thanks for your answer

    Sagar,

    I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.

    Did you use AC21 or still with the same Employer?

    I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.



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  • GCNaseeb
    11-05 12:57 PM
    I called NSC today. This time a lady answered my call. She did not help at all. I told her that I have received all four FP notices with misspelled Last Name. She was asking where these noices came from; I said NSC. She looked up the case and said I have already opened an SR for typo and she can not open another one. All she said is I should go to ASC for biometrics and inform there to correct it. I am not very sure, if correcting the typo at local ASC office is all its needed. I will update you guys once I go there on Friday.





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  • santb1975
    12-24 01:17 PM
    Some of our chapter members have been asking for action items to work on during the holidays. This is a great one



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  • nk2006
    05-03 08:01 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)

    You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.

    The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.

    Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)





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  • njdude26
    03-31 08:37 AM
    Im on my 8th year on H1. still stuck in Labor :(

    My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!



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  • Rohan99
    05-26 04:11 PM
    Thank you samswas
    All of them might not be applicable for all, but found this on another forum ...

    1 - New SSN to get rid of pesky legend "requires INS authorization..."
    2 - SSN for wife
    3 - Drivers license for wife without pesky legend "temporary for one yr or until H1 validity...", etc.)
    4 - Update I-9 form with employer
    5 - Someone here said let your mortgage company know about GC if you own a home, not sure why?
    6 - Do not hand over the I-94 card to the airlines/immigration offices at the airport. Keep it or through away
    7 - Do not need to carry anything other then Passport and Green Card when travelling





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  • panini
    07-06 02:14 PM
    I guess not, if it is legal!
    Just don't shoot anybody now. That might have a negative impact!!! :D

    Guys lets not piss off bharol. He's got a gun!!!!

    Hi,

    I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.

    I found that in California, where I live, it is legal for non-citizens to own a gun.



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  • antihero
    11-27 12:36 AM
    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.





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  • easygoer
    02-27 11:41 AM
    Very logical answer covering all the related issues



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  • vinabath
    07-16 12:47 PM
    Interesting. My Labor says
    14) Education BS,
    Years of experience 3

    15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

    I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?

    Anything can happen with USCIS. But i think the position's MINIMUM req is BS+3 years exp and that is EB3.





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  • lyu265
    04-02 02:21 PM
    NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

    PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
    We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
    - Mail to below address (so that all mail could reach authorities on same week)
    - Fax to below number (so that all faxes could reach authorities on same day)

    Dates: April 3rd (preferable) and APRIL 4th (if you forget)
    MAKE A CALENDER ENTRY

    Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

    Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


    DOL Contacts

    Ms. Elaine L. Chao
    Secretary of Labor
    (202) 693-6000

    Mr. Paul T. Conway
    Chief of Staff
    (202) 693-6007

    Mr. Steven J. Law
    Deputy Secretary
    (202) 693-6000

    Ms. Ruth D. Knouse
    Executive Secretariat Director
    (202) 693-6100

    Ms. Amy Barrera
    Director of Advance & Scheduling
    (202) 693-6003

    Ms. Laura Genero
    Associate Deputy Secretary
    (202) 693-6000

    Address for all the above people
    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210

    --------------------------------------------------------------------------------

    WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
    WE FAX LETTERS ON APRIL 3rd or 4th

    Below is the sample draft:
    -------------------------
    Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

    Dear Sir / Madam:

    I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

    My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

    I would be highly appreciated if you look into this matter as soon as possible.

    Sincerely,
    your name
    City, State, Zipcode
    __________________
    ETA Case Number:
    YOUR PRIORITY DATE
    YOUR STATE
    TR/RIR





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  • pbojja
    03-30 07:57 PM
    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .





    InTheMoment
    03-19 01:51 AM
    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.

    Good observation, although I totally support this clause to oppose automatic citizenship.





    Macaca
    02-23 02:24 PM
    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

    This issue was discussed in the two threads whose name I don't remember. I did not understand the whole thing. The threads had persons who were doing it or had done it.

    It will be worthwile searching the threads.