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  • a1b2c3
    09-25 01:34 AM
    If you need to retain your PD, does the job description need to be similar or can it be different?

    Mine is a similar case, I-140 is approved and would like to switch employers on 3 year H1 extension....

    My question is can I file for labor through PERM with the new company even if it is in different category and previous I-140 is revoked (worst case, maybe even realistic scenario)? What can my original company do to stop this H1 transfer/filing of new labor from happening?:confused:

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  • ilseggs
    09-04 03:09 PM
    I have just finished my first year @ UCLA and I had absolutely no financial aid because I did not know anything about my status and when I read on fafsa about "parole" I thought it was a completely different category under which I was ineligible. My i-485 has been pending for 3 years now, with no sign of going anywhere yet :*(This year, I did not apply for FAFSA and I was forced to leave my amazing school and head to community college. I had searched and searched everywhere for information and I really did finally give up and thought to myself, " I guess I cannot receive any financial and am going to have to wait for my green card in community college."

    I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
    I just pulled up the advance parole application and will complete it ASAP~!!!!!!!

    I feel like the greatest burden has been lifted from my shoulder!

    Again, THANK YOU!

    edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?

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  • nixone
    05-10 09:58 PM
    I would like to know the answer too, but my research tells me that only in few cases, you can use I-140 premium processing. In my case, I am not able to use it as my H1B started on Oct 07 (it is not expiring anytime soon).

    More can be found here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?


    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2


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  • pappu
    12-05 04:59 PM

    No offense, but why have you opened 2 threads with very similar information and questions?

    Your other thread about soft lud updates (http://immigrationvoice.org/forum/showthread.php?t=15916) is very similar to this one. It's one thing to not search for similar threads and quite another to open 2 similar threads on the same topic.

    After about 28 threads about LUD updates during the July VB Fiasco, we know by now that the USCIS approves cases ad-hoc and not everything is FIFO. We also know that LUD updates mean ABSOLUTELY nothing. Suddenly we have seen older I-140s getting soft LUD updates. It means absolutely NOTHING. I know it is a bitter pill to swallow, coz ur heart is telling you that MAAAAYYBE there is something here, but unfortunately there is nothing there.
    You are right. LUDs can be misleading and do not give accurate info on what is happening to the case. In the absence of info, people make do with whatever little info they can get. I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D

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  • thakurrajiv
    01-29 07:11 PM
    I have done this. No problems at all. For me they did not ask any question at all. I was carrying old and new I797. Hope this hepls.


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  • harivenkat
    05-05 12:16 PM
    Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)

    Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
    Daily Record/Sunday News
    Updated: 05/04/2010 10:43:28 PM MDT

    A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.

    If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.

    The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.

    Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.

    The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.

    "What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.

    Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.

    Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.

    But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.

    Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.

    Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.

    But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."

    There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.

    "You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."

    Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.

    About the bill

    If passed, House Bill 2479, would:

    # Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.

    # Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.

    # Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.

    # Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.

    According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.

    Click here to read the full proposal.

    Political outlook

    In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.

    Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.

    But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.

    State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.

    "It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.

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  • sanju
    03-02 11:32 AM
    This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.

    I suggest you delete this thread as no wants to look at this.



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  • rkat
    02-06 11:56 AM
    Thanks everybody for your help.!
    Ebizash - i would appreciate it if you please post some of info. or PM it to me.

    Greatly appreciate all ur help - everybody! Thank you!

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  • coolpal
    02-17 05:45 PM
    I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
    My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.

    Anyone else in the same situation as mine?



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  • ksrk
    03-04 04:42 PM
    Congratulations moclutch! Sure sounds like one heck of a journey. And like you said, misery does love company - or at least eases a bit.

    Congrats again - time to celebrate! :) And good luck moving forward...

    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!

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  • raviram1980
    01-15 10:38 AM
    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.




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  • yabadaba
    07-23 07:09 AM

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  • GCwaitforever
    04-30 01:59 PM
    I believe AC21 is for shifting employers on EAD after 180 days of I-485.


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  • yabadaba
    07-18 11:00 AM
    i google checked out $100... lets all do this....think of it as 3 flower bouquets to IV.. plus no shipping charge.

    lets all contribute!!!!

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  • shreekhand
    02-07 09:25 AM
    A huge chunk of Indians who come and file for asylum are fraud cases - citing ridiculous and manufactured cases of political/religious persecution! The article itself cites experts and analysts with their surprise. Somehow don't know why the people of the states mentioned in the article are so desperate ! Dynamic and risk taking, certainly they are, no doubt ... but looks like they don't see the limit... crossing levels of illegality and greed. Disgrace to the country!


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  • LostInGCProcess
    11-05 04:39 PM
    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
    As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
    H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.

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  • aniraj
    08-02 01:26 PM
    Thanks a lot

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  • rajuram
    07-13 12:55 AM
    GTS = go to sleep

    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.

    02-09 01:39 PM
    Call up AILA and ask them what are your options. Do not tell them the lawyer name yet.

    Contact the state bar of this lawyer. Each lawyer is licensed to practice in his state. call them up and ask for your options.

    pls post your answers on this thread so that everyone can know how to deal with such lawyers and what rights (clients) have.