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  • eb3_nepa
    03-24 05:20 PM
    At one point in time, i was the First to propose a meeting with NumbersUSA, but now i have to agree with Logicliffe. They have a specific agenda and want to reduce ALL forms of immigration.

    Fighting them is like banging ur head against the wall. You can argue with someone who is fair and not totally biased against immigration. Even their message on the website is misleading. First they say "NumbersUSA Action is pro-environment, pro-worker, pro-liberty and pro-immigrant." and 2 paragraphs later they say "Those who need to refer to NumbersUSA Action with a short, descriptive modifier should call it an immigration-reduction organization." How it can be "pro-immigrant" and yet be an "immigration-reduction organization", i have no clue.

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  • sunty
    07-26 12:02 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.


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  • go_guy123
    11-24 10:00 AM
    "Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.

    The critical mass drives the unity. The indian community is lot lot smaller and even if united it will lack the critical mass. That itself drives them to persue individual subgroup interest by joing other interest groups thereby disuniting. The 90s was the period when
    hispanic community got united especially after Pete Wilson in Califonia and in US. There was major naturalization drive and voting effort.

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  • nixstor
    08-23 11:56 AM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.


    While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.

    Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.

    I love the idea of giving SSN, GC application and have it processed.

    Thanks for updating your profile and will see you in DC


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  • HV000
    11-17 11:26 AM
    This shows how ignorant U.S. Senate is!! Only now they will recognize the most important festival of the 3rd Largest religion in the world!!!

    U.S. wasted NO time in recognizing Jewish festivals!!

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  • raysaikat
    05-31 12:18 AM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

    It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

    In this document, "out of status" is defined as what I am referring to as "unlawful presence".
    212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

    * For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
    It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

    Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.

    2)How does USCIS actually track who is employed and who is not?

    They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.

    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?

    Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

    I.e., you will have no problem at all.

    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.

    My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.


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  • trueguy
    08-08 06:08 PM
    I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.


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  • lord_labaku
    09-16 09:54 PM
    Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.

    This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.

    Good luck.


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  • GCBy3000
    09-25 02:33 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.

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  • Maon
    07-02 02:18 PM
    Today morning when I was just adding the notarised birth affidavit that I had recievd last night from India and was leaving to fedex the papers to Nebraska, my lawyer called up and informed of the update and asked me not to send the app. Now after reading all the posts here, could someone advice if I should send the app- I mean if there is some re-thinking by USCIS, would they might say show us the sent reciept etc ???

    Pls advice,



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  • abhijitp
    08-30 05:17 PM
    And thanks for your continued support. I wish every IV member thinks like you!

    People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:


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  • canmt
    11-07 07:20 AM
    If you do not inform USCIS there is considerable risk you will be taking if your I-140 gets revoked and subsequent RFE do not get into your hands in time.

    You will have to write a simple letter stating your intent to change employer and support it with your offer letter and pending I-485 receipt. Usually, the offer letters from employers don't go into details of job duties in such cases you'll get a RFE to obtain a letter from your current employer stating your job duties. You can respond to that RFE and be rest assured that it will go into USCIS system and forget worrying about I-140 revocation for rest of your life or for that matter changing employers.

    If you think your lawyer can play foul with your green card prospects. This is the right time to submit AC21 with a new G-28 so the new lawyer will get all future correspondence from USCIS otherwise you'll have to go through whole lot of trouble to get a copy of the RFE and respond to it on time.

    I hope this helps and good luck on your green card pursuit...


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  • san3297
    09-04 04:39 PM
    Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.

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  • GetGC08
    07-30 06:29 PM

    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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  • sbvw76
    10-09 10:42 AM
    For the past 2 renewals in FL for me it was like that. They will give exactly for 1 year and will have TEMPORARY in red color font.

    Couple of times during travel, Airport TSA authorities asked me why it is temporary in DL and asked me do you have any other photo id proof. So I started carrying Passport with me during the travel to avoid this mess.

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  • ImmInd
    06-09 08:36 AM
    You do not need Visa to Travel via Germany if you are citizen of Destination Country.

    So, Indians do not need visa to travel via Germany when you travel back to Home Country (India).


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  • chintu25
    03-26 11:37 AM
    Not accepting votes now ???

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  • HV000
    11-17 03:25 PM
    Why are we always in an approval seeking mode when it comes to U.S? This still shows that we didn�t come out of our slave mentality ever since independence. We are happy whenever something Indian gets recognized in US. We are also happy to associate ourselves with America and call our film industry as Bollywood, Kollywood, Tollywood etc..

    Do Americans give a damn about Halloween celebrations in India? In fact they didn�t even know that an outside world exists until 9/11. They built a strong economy from its grass roots by believing in their self worth, there by becoming the greatest country in this world. America didn�t seek approval from any country throughout its history and this is what one need to learn from this country.

    Most of us are here are 2nd and 3rd generation Indians since Independence and for God�s sake let�s stop this weakling attitude right now and not pass this on to our children. Feel good about you and your culture from your heart and don�t let anyone or anything to influence that.

    �Show me a man without an ego and I will show you a loser� � Donald Trump - Real Estate billionaire

    We could care less about U.S. if we were in India, but we are in the U.S. It's VERY important that they understand us and our plight waiting for green cards.

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  • GCHope2011
    06-28 06:52 PM
    If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.

    However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.

    08-14 03:15 PM
    How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

    Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
    I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?

    Munna Bhai
    12-17 01:47 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.

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