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I 140 moved to Nebraska..

Initally My 140 was send to Nebraska in the mid July 2007 which was directed to Texas Service center and was receipted on Aug 20th 2007. After 9 months today my case was again moved to Nebraska service center:(. I am worried. What will happen to my case now, will it take a frest start again at Nebraska (or) will it be given the July 2007 priority date and will process the case? Please answer I am not understanding this where this is leading to?:confused:
 
I485 still not adjudicated, NC pending more than 180 days?

Dear Rajiv,
As you must be well-aware of USCIS' promise (I guess legally not binding!!) of processing most cases affected by the Name Check Memo by March 10, 2008 or mid-March 2008. USCIS recommended the affected individuals to contact the customer service or take InfoPass appointment. But customer service and InfoPass don't seem to care about the "deadline" and are brushing off customer with all kinds of excuses.

1. How can folks nudge USCIS to adjudicate their I485 applications if they qualify under the memo (NC > 180 days and application otherwise approvable)?

2. How is your firm handling similar cases and is USCIS responding/reacting with concrete responses and not just excuses to your efforts?

3. What's the latest on USCIS' planning or strategy towards adjudicating such cases?

Thank you for your time.

A suggestion: It would be very useful if the person asking the question transcribes your answer from the audio conference so it is searchable in the forum. This way it wouldn't burden one person to transcribe the whole conference.
 
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Feb memo on name check

Dear Rajiv, My question is on similar lines as that posted by jefkorn.
It is clear that USCIS is not applying Feb 180 day memo on name check. I contacted the NSC & also went for Infopass. Both places they are talking about the April memo, of FBI timelines to clear the backlogged name check cases. They are not even ready to talk abt Feb memo.

And yet again, cases with later priority dates are getting processed and soon they will take all visa numbers and people waiting for years will again be left out, with nothing but frustration.
In such circumstances, what are one's options, this seems to be a blatant case of USCIS issuing bogus memos and also processing randomly without any priority.

Thanks a lot Sir

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

PD: Jan 2003
485 RD - Aug 2005
NC pending since Oct 2005
 
H1B transfer after 8th year extension

Hi Rajiv,

I am currently on 8th year H1 B extension. I got my EAD on OCT 2007 and my I-140 –EB2 cleared on March 2008 . I got my 3 yr H1B extn using the cleared I-140 ( filed in premium ) the h1B valid till 2011 .
My I-485 filed 240 days ago , But my I-140 cleared in March 2008.

My questions are :
If I want to move to a new employer, is it possible to transfer my current H1B to new employer using premium processing ( I am already in 8th year extn) ? I do not want to use my EAD .
What will happen if my H1B transfer denied ? Will it cease my EAD and the current H1B? In case of denial can I work with the current H1b?

If I transfer my H1B (after 8th year extn ) to a new employer , should I forced to take the job? or can I continue to work with the same employer with old H1B ( In case if I decided to stay with the current employer after the approval of the h1b transfer ) ?

Once i move to the new employer ? should we inform USCIS about the new job ?

Do you think is there any other issues/risks transferring my H1B to new employer at this stage .

Thanks
Labor/RIR/EB2/PD :MARCH/05
I-140: cleared March 2008
I-485,I-765,I-131:August 2007
Got EAD DEC 2007.
Currently 9 th year extn.
Got 3 years H1B using I-140 .
 
Dv2009- Aos

Hi Rajiv,
To make it short.
I'm on J1 visa, with NO 2 YEAR residency restriction planning to do AOS.

- Recieved notification letter March 31, 08
- Sent the DS230 and DSP-122 on April 7th.
- Sent the fees, on April 7th, $775/person (We are 4) as indicated in the letter .
- Tracked them, found that both were delivered on April 9th.
- Called KCC, asking about something, during the talk I found that the fees are $375/person NOT $775,
and the $775 is for those who are goign with consular processing not AOS.
- Till now I didn't get the reciept that they have recieved the check, (N.B. the check cached April 10th)

My questions are,
1- How can I get the extra money that I have paid? (N.B., I sent them another letter explaining to them that situation but no reply..)

2- Can I contact USCIS now and do AOS, or do I have to wait till my case number becomes current? or do I have to wait till the second notificatin letter?

3- I left some areas blank on my kids forms, like COURSE STUDY, EARNED DEGREE, DATE OF DEATH FOR FATHER/MOTHER, since we are alive I left it blank and didn't write N/A.
some body mentioned in one of the forums, that this may disqualify me, is this true?

Thanks for your time.
 
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H1 6 yrs Cap

Hello Rajiv, I am currently on H1 and reaching my 6 yrs cap. here is the detailed situation.

March 2004 - March 2005 - Blanket L1 - 1.1 yrs
Apr 2005 - May 2008 - H1 - 3.2 yrs

I have already used up 4.3 years to date. My employer will not be able to file PERM petition until October 2008 as there were layoffs in the company in Apr 2008.Considering the economy, if they have layoffs again, they will not be able to file PERM until mid next year.

my Questions are:

- Is my Blanket L1 period counted towards the 6 years cap.
- I came to know that PERM needs to be filed in 5th year in order to get 7th year extension. is it true?
- My wife is on F1(student). If my employer can't file PERM at the end of 5th year, would it be a good idea for me to switch to F2(non working status) until my employer files PERM?.
- What are my other options without leaving the country to save time on H1 before my employer files PERM.
 
Case Transfered to NY Asylum office

Dear Rajiv
I have an employment based (EB3) case and I received an email from CRIS

************************************************** *******
"On March 26, 2008, we transferred this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NEW YORK ASYLUM OFFICE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice"
************************************************** ********
Did someone received similar email notice in the past??? Do this office also process Employement base cases too? Confused???Why I would get an email like this for me and my wife??

My Case details:

India EB3 PD 03/2003
I-140Approved in Feb 2007
I-485 Pending since June 2007
1 AP,1 EAD approved last year for me and my wife
 
Question on pending I485

This is for my friend and applied AOS I485 in Aug'2007. Due to demise of his immediate family member, he left usa. He has approved advance payroll based on his pending I485.

1) How long he can stay out of the country without impacting the I485.
2) Is there any advantage of changing AOS to Consular processing, assuming that it may take more than 3 or 4 months to enter USA again.
3) If he changes I485 application from AOS to consular processing, can he still enter into USA with advance payroll.
 
Questions on Job location of LC; use of AP

Dear Rajiv,

Thank you for your services to the immigration community. I have a few questions, would appreciate your answers:

1) Is it possible to use advance parole and come back to USA, in case H1B visa is delayed for some reason at a consulate abroad? I have a valid AP and my H1B visa has expired, travelling abroad. New H1B petition valid till 2010. Even if the H1B visa is denied, is it possible to use AP and come back? Will there be any issues at POE?

2) After GC approval, is it mandatory to work and reside at the location specified in the LC? I work for a software consulting firm. My LC (RIR pre-PERM) was filed with job location as company HQ. My I-140 is approved, I-485 is pending for the past 1 year. GC approval long way to go. My current work location is different from the LC location. As a sofware consultant, I have worked in many places other than my company HQ. All other factors like wages, job title, duties etc. specified in LC will be met. I don't have any plans of changing employers, does AC21 also cover this scenario? Is the GC sponsorer obliged to place the benficiary at the same location, even after several years past the approval of LC?
 
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Immigration related developments

Hi Rajeev

We all have to be optimistic about the immigration reform legislations\admin action to fix the excessive backlog in EB categories. However, is there a likelihood of any admin action in the remaining part of the year from this administration (specifically to address EB green card backlogs)?
 
N400 US Citizenship name check issue

Dear Rajiv

First of all I want to thank you for the great service you are providing.
I and my spouse have applied for N400 US Citizenship application is November 2006. My spouse was interviewed on Feb 2008 and has already received her citizenship. However my application is stuck in FBI name check. I have reviewed immigrationportal and already following all the recommendation.
Followed up with Service Center
Called FBI Name check status main line
FBI Name check Inquiry Fax
FOIPA
Sent the letter to Lara Bush
Have already spoken twice to Info Pass office in FFX
My FBI name check is still pending after following up all the recommendation. Please review and advise, what are my options to expedite the name check?

Once again, thank you for the great service.
 
USC Filing I-485 for Parents

Hi Rajiv,

I would really appreciate your help if you could take some time to answer the following questions::p

1. I am a USC and my parents are here on visitor visa & I'm thinking about filing I-130 & I-485 for them, could you tell me how long it takes them to get green card?:rolleyes:

2. My husband and I want to live in another country right after filing I-485 for my parents, is it going to be a problem? :confused:My husband and I combined income is over 125% poverty guideline, and we have 2005-2007 tax return, and we'll have 2008 tax return as we both will work for at least 1/2 year in 2008)

3. Do I have to show up at my parents interview?:rolleyes:

4. Should I wait until my parents are here for 30-60 days before applying I-485?

Thank you very much for your time and your help.:)
 
I140 denied. Need Help

Dear Rajiv,
Thank you for your services to the immigration community. I would really appreciate your help.

o My I140&I485 under EB2 has been denied on 4/11/2008 because of generic wording used in Job description (Part 15) of certified labor.
The actual denial reason from USCIS notice:
“U.S. Department of Labor ETA form 750 submitted with form I-140 states, in Part 14, the position requires a Bachelor's Degree in Computer Science, Engineering, or related field, in combination with five years of experience. In part 15, the phrases "XXX (my company name) will accept a combination or experience, certificates, and education as equivalent to a bachelor's degree" appears, Unlike nonimmigrant petitions for temporary workers, employment-based immigrant petitions cannot make allowances to accept work experience, a combination of work experience and formal studies, or a series of certificates granted by different institutions for formal and/or informal study, when determining a beneficiary’s educational qualifications. As the labor certification accepts experience in lieu of a Degree; the offered position is not a job that requires a professional holding an advanced degree or the equivalent or an alien of exceptional ability. For this reason, the petition is denied. “

o My lawyer applied for a new I-140 under EB3 using the same labor on 4/28/2008.

Here are more details about my situation:
o My labor was applied in 03/2005 and approved in 06/2007. I got 4 years bachelor’s degree in engineering and 7 years of experience at the time of labor application.
o I-140, I-485, EAD & AP applied in 07/2007. EAD & AP were approved. But, not used.
o My current H1-B expires on 05/08/2008. Applied for 8th year extension based on pending I-140 in 03/2008 requesting 3 year extension. Upgraded my H1 to premium process on 4/30/08. Still, H1-B extension petition is in pending status.

Questions:
1. Should I appeal the I-140 denial decision? If yes, what kind of details should be provided and what are the chances?
2. What Should I do in case my petition for H1 extension gets rejected?
3. Please suggest if I have any other options based on my situation.

Thanks,
Prasad
 
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Question on AC21

Dear Rajiv,
Thank you for the great service. If some one uses AC21 and working on EAD.

Qns:
1) Can he continue work on EAD in the event of NOID.
2) In case of I485 denial, which is the best option MTR or appeal?. Can he continue work on EAD while MTR or appeal is pending.
3) Is there any impact on Visa stamping at consulate due to I485 denial.
 
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H1B Question

Hi Rajeev,
I would like to know about my H1B extension case . We have appiled the H1b extn. for the 9th year in Aug 2007 and we got the RFE in FEB 2008 asking comp tax papers , Last date of RFE for reply was April 30. We have responded the RFE on April 26 2008.
I would like to know what is the status of my status as its has been paassed more than 240 days and H1 still did not get approved.

I also have my EAD which is valid until Oct 2008. But i never used it as i am on always H1B. My PD of 485 case is OCt 2001 ( EB3 India) which is current as per may visa bulletin. Can i still get 3 Year extesion as we have requested 3 year extension when we applied the H1 Ext ?

Please put some light on this case regarding the status .
 
Hi, I am currently on a work permit in Canada. The processing of my PR application started in August 2007(applied at Buffalo). I had my medical examination in Feb 2008. I am expecting to receive the PR approval sometime in July 2008, I am getting married in November 2008 and my would be wife is in India. I want that my wife should accompany me to Canada after marriage and I am thinking of taking the following approach.
I won't land in Canada as a permanent resident before getting married because if I land then I will have to sponsor my wife and the process will take around 8 months. After getting married I will apply for a Temporary Resident Visa(dependent spouse visa or visitor visa) for my wife from India. In the meantime I will inform the Canadian Consulate in Buffalo of my change in status. I will enter Canada as a work permit holder as I won't be able to land as a permanent resident due to change in my marital status. I will get my wife added to my PR application.
I would request you to please tell me if my approach is correct. I know that taking this approach might delay my PR application. My other concerns are the following.
1) Will my wife get a Temporary Resident Visa(dependent spouse visa or visitor visa).
2) What are the other complications that might arise if I follow the above mentioned approach.
3) If my approach is not correct then what can I do so that my wife can accompany me to Canada soon after the marriage.

I am very thankful for all your help.
 
My parents got their green card recently (I was aged out, over 21 - so could not get it through them at the time they got their green card). Therefore, I have a question about getting F1 visa AFTER having applied for green card. Currently I am studying on F1 (bachelors) and my parents haven't filed for my green card yet (they want to do that soon). However, my question was: Would I have any problem obtaining F1 for higher studies (masters or something) after I am done with my bachelors *IF* I apply for GC through parents pretty soon (while I am on my current F1 visa for a bachelors degree). Would there be any problem getting an approval for F1 later on? Thanks.
 
H4 Stamping, H1B applicion under process

Hi Rajeev,
I'm here on H1 extention. Joined new employer in April'08. My wife ws with me on H4 here until Dec'07 and she is now in India. She has applied for her H1 this time. Awaiting for results.
She has to go for Dependent (H4) visa stamping in Chennai some time end of May. Would like to know -
1. Is there any issue when she go for H4 stamping to consulate since she has applied for her H1? Will the consulate able to track her H1 application details?If so how does she respond to their questions?
2. Since she will be apearing for H4 stamping , we have not furnished any details on her previous work experience etc., What do you suggest her when she appear for her H4 stamping? If by any chance consular ask her if she wants to work in US? What does she supposed to answer?
Thank you very much for your answers.

Regards
Kris
 
I-140 filling. Original petition return to employer

Hi Rajeev,

I'm here on my 3rd year H1. Transfered my H1. There is a company who will be filing my I-140 as a future employee. I'm in process of arranging my experience and relieving letters. When I had contacted my old employer who processed my H1, they said in order to issue experience & relieving letters, I have to submit my original H1 ( I797 ) petition to them.
I would like to clarify following question -
1. If I return original I797 petition, would there be any issue to get my visa stamped with my current employer? I'm now on H1 extention. Visa expired on June07.
2. Can i go Canada or Mexico to get my H1 stamped on my current employer?

Thank you very much for your response.

Rgds
Kris
 
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