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  • damialok
    04-22 03:45 PM
    I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.

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  • ravi2patel
    07-24 05:19 PM
    I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.

    good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.

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  • Munna Bhai
    08-30 07:53 AM
    copy of first and last paystubs of all employers?
    :eek: :eek:
    I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
    If this is not unfair that what else is?

    I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?

    These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).

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  • BornConfused
    07-03 11:04 AM
    Texas service center. I think they move much faster than Nebraska.


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  • Winner
    04-21 03:39 PM
    Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.

    Now that is news to me. Can any attorneys confirm this?

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  • Munna Bhai
    11-09 09:21 AM
    I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.

    I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.

    Is this correct?



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  • dpp
    06-28 02:50 PM
    I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.

    So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.


    You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".

    This is 100% correct.

    Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.

    But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.

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  • GCBy3000
    07-26 11:08 AM
    It says "which was ordered to lie on the table"

    lie on the table = next to dead = already in mortuary = some miracle could pull this back to life.

    Anyhow Kudos to Cornyn. Arise , Awake and stop not till the goal is reached. he was beaten several times to death with all his amendments, but still I am seeing him with full of energy when it comes to EBs.


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  • sandiboy
    08-28 06:10 PM
    FP Completed today for self/spouse. LUD on 485 applications.

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  • snathan
    02-13 01:14 AM
    H1B - LCA Related Issues - How can we save ourselves ???

    I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds

    I am starting this thread to discuss what we can do to save ourselves from LCA related issues.

    ** LCA is very important and H1 b employees should work as per LCA - Period.
    Location, job and every thing should be as per LCA. No questions.
    I am afraid, most of the H1b guys do not even have LCAs with them.

    ** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.

    Please throw your suggestions to make our H1 system clean and save H1 employees.

    Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.


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  • amslonewolf
    05-11 02:06 PM

    Please post and email this question at the above teleconf..

    I already did.

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  • Keeme
    10-03 02:56 PM
    My EAD expires on - 10/10/2008. I had e-filed on 10/01/2008 for renewal.
    I-140 approved. I 485 peding since Aug 2007.

    Should I continue working after 10/10 as my current EAD will expire. Can I use my e-field receipt notice to continue my employment ?

    Pl advise.


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  • WeShallOvercome
    07-23 04:11 PM
    No responses :(

    Can someone tell exactly how an FP notice looks?

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  • Lasantha
    07-31 07:28 AM
    For evaluations try Sheila Danzig at

    From personal experience I know she is well qulaified for this kind of evaluations. She gives you a very comprehensive evaluation. I can honestly say that I have my GC now because of her. I have been recommending her ever since.


    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.



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  • inthehole
    07-30 03:34 PM
    In my case, I filed in Nebraska on June 16 along with my wife's application. My application is still pending but my wife's got her EAD.

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  • stemcell
    10-05 10:19 AM
    dude, leave alone pr, i have a canadian passport, this cbsa (canada border services agency) lady one day asked me "who are you going to meet in canada?"
    i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
    She waited a second to digest it, then said, "okay..go..!!"..



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  • lvaka
    07-18 10:58 AM
    I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.

    Correct me If I'm wrong.

    Here is the Actual update link from

    You can go to page and look for the press releases.

    New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.

    Good luck.

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    09-04 10:34 AM
    This is what I found in another thread:
    "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
    Name of 485 applicant
    Name of I-140 petitioner (employer)
    I-485 Receipt Number
    "A" Number of the 485 applicant
    Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
    New I-140 to be inter-filed
    Statement requesting new I-140 be inter-filed with the pending I-485 application.

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  • nixstor
    09-17 02:09 PM

    That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.

    12-06 09:17 AM
    My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.

    I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.


    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.

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