
k94
11-22 02:46 PM
I presume that you have a lawyer. They should work with you HR group to get the ads set and sent to the BPC.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.

istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
luckylavs
04-30 03:39 PM
Hi Dhundhun,
I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.

sapking
02-22 09:45 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
more...

rajuram
04-26 10:16 PM
does anyone know when CIR will be discussed in the house and in the Senate?

pappu
12-05 03:21 PM
This weekend from 9 dec till 13 I will be in Indianapolis. So any local members that would like to interact with me for volunteer effort on the state chapter should contact me. himanshu at immigrationvoice.org and send your contact details. Based on the number of people that respond we can set up something.
more...

Michael chertoff
08-07 04:03 PM
so far two..

lavanyamohan
03-18 12:50 AM
thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
more...

aperregatturv
10-26 03:40 PM
My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.
what shall I do?:confused:
what shall I do?:confused:

sundarpn
08-19 05:50 PM
Can that flyer / poster be made available to other here?
I was thinkining of posting it in indian stores etc...
I was thinkining of posting it in indian stores etc...
more...

sweet_jungle
12-12 10:51 PM
Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.

rahulpaper
06-19 06:15 PM
I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
I am not sure what he will say in report (which i get in couple of days). But my question to you all is :
When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?
Please Reply
more...
mbawa2574
06-30 10:44 AM
How can some one with a damn 2 years experience get ahead of someone who is waiting for a while. I am going to report all the desi 2 people :mad: employers to USCIS trying to sell LC. Shut their shops and everything would be normal after that.:mad:

H1bslave
10-23 01:36 PM
Please check you PM.
more...

RAJESWARI
03-25 01:43 PM
my and my current visa status
I140 application was approved on may 2008 and the reciept no lin0718352165
I140 application was approved on may 2008 and the reciept no lin0718352165

Gravitation
08-02 09:33 AM
Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.
more...

h4_optimist
05-06 12:47 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

Dhundhun
04-09 02:49 AM
You must be filing under (c)(9). That is AOS pending.
I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.
Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.
I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.
Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.

sreedhar
10-24 02:52 PM
Anyone still not able to check online status for receipt number starts with SCR08007? It's been two weeks from the notice date.
Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.
Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.
ajkastar
07-27 11:40 AM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
dilbert_cal
07-10 12:17 AM
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
Thanks IndianIII - It is always possible that USCIS may check the employment details and in this particular case, since the company is closed, they would want alternate proof that you did work there. They might want an affidavit from your co-worker if possible as well. So, be prepared on those grounds.
Thanks once again IndianIII for contributing to the forums.
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