Thursday, June 9, 2011

portal 2 glados potato

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  • amitk81
    05-01 08:18 PM
    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.


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  • dealsnet
    07-27 02:03 PM
    Since you are in tight spot, you need to consult good and experienced lawyers.
    Do not go to an ordinary lawyer for this.
    Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (, Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (

    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.

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  • frostrated
    09-08 05:11 PM
    I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
    why? any reasons?

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  • harikris
    05-10 09:40 AM
    Khali dimag shaitan ka ghar

    (Translation: An ideal mind is a devils workshop)


    More like an idle mind ;)


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  • uslegals
    11-11 10:32 AM
    thanks chakdepatte !...where do u mail all the docs...?? I read somewhere about a lock box and NOT directly to service center.?

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  • gcformeornot
    10-06 08:40 PM

    I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
    My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?

    Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa

    Please advise


    when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.


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  • abheja
    12-21 07:25 PM
    Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.

    My interview was in June so I don't know if things have changed since but please consult your attorney.

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  • Rinsha
    04-03 07:56 PM
    Why is it still unaccessible? Are you guys experiencing the same?


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  • Honda
    06-24 12:29 AM
    We applied on July 2nd during July 2007 VB fiasco.

    I just received the following email from CRIS regarding my son's AOS I-485 application:

    Current Status: Request for Additional Evidence Sent

    On June 12, 2009, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

    I am not sure what it is, still waiting for the mail to arrive in next few days.

    I am wondering if this has something to do with my son turning 14 years yesterday (i.e. June 11th). Is there any kind of RFE sent for this type of situation?

    Please advise.

    Thank you for your help.

    Did you get any updates regarding your RFE?

    Once you got the RFE plz post it. It might be useful for the other people. Thanks.

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  • copsmart
    06-09 05:29 PM
    Admins and moderators have other important work to do than deleting worthless threads like this.

    Just ignore this crap and move on.


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  • drirshad
    07-09 04:56 AM
    LCA at 485 level should not be considered and that could be the reason u never heard of one .....

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  • eb3_nepa
    07-18 11:13 AM
    Ok then i volunteer to bump this thread :) Only problem is that still will not push thid topic way up.

    There was a suggestion to send flowers to the core team, let us instead send donations. I am SURE that the core team needs contributions more than flowers.

    Howzzat about the $5 contribution suggestion, with each contribution we lose some percentage as taxes and feees. I am not saying we contribute $10 EVERY month, but can the members not make a ONE TIME contribution of TEN DOLLARS?


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  • mchundi
    12-17 08:42 PM
    Most of the states had processed RIR cases till May 2002. N.J (05/2002) and
    NY (10/2001) before all the applications were sent to BEC. So most of the
    Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.

    It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
    causing these delays. How many percentage of EB1 , EB2 , EB3
    (Employement Category) applications might be in this process. ? If there are
    less number of applications then Processing Dates may move forward to
    2002 / 2003 for India.
    Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
    If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
    Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
    What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.

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  • h1techSlave
    07-10 10:12 AM
    My opinion is that there is not much point in looking for a different country. Most of us have been in the US and have developed some kind of roots here already. So GC is needed and we deserve it.

    If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.



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  • I_need_GC
    10-14 08:57 AM
    Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.

    Yes you can file for AP your self, its as easy as filling out the form.

    The stamps having nothing to do with the renewal.

    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead

    PD May 2006

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  • minimalist
    11-12 02:59 PM
    Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).

    IMHO, that's a big risk as you will never know if the IO just gives for a month, 2 months or 6 months.

    There is the risk of getting stuck in security processing if you apply for another visa as shared by another member.

    For your friend's case s/he needs to weigh these risks and see which one s/he can take.


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  • Ann Ruben
    04-22 10:55 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.

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  • liberty
    05-07 10:28 AM
    Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.

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  • engineer
    07-16 07:14 PM
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel they have not used any visa # at this time ? Am I correct ?

    02-29 12:09 PM
    If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

    correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

    If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)

    08-03 08:25 PM
    Forgetting passwds is normal, especially for IT guys :D

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