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Tuesday, June 14, 2011

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  • gc_maine2
    05-14 12:39 PM
    Workvisasforall thanks for your response.

    Hi workvisaforall,

    I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.



    Please see responses below in color.

    Good luck![/QUOTE]

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  • GCcomesoon
    10-31 02:39 PM
    Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:


    I got my EAD approved last week on 10/25 after 143 days.I had made 2 info pass appointments, had called USCIS & created 2 service requests after which I guess even my attorney had called USCIS . Only after all this , the message on USCIS online showed that "Card ordered" Actually I have to still receive my physical card in hand. Can you believe even my FP is pending for last almost 5 months now ?


    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07, approved - 7/24/07
    LUD in my case - 1131,485,765, - 7/11/07
    LUD in spouse's case - I131-7/11/07
    EAD cleared for spouse - 08/20/07
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    AP approved for spouse - 09/12/07
    EAD -10/25 - message - Card ordered online.
    Still waiting for actual EAD card & FP

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  • indianabacklog
    07-31 12:28 PM
    This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.
    You can convert from an H4 to an F1. The definition of the F1 is not as strict as you might imagine, hope you do not come to this though.

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  • needhelp!
    01-18 04:46 PM
    makes sense to me..


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  • BharatPremi
    11-09 01:19 PM
    to those who replied, i'm sure iv can use all your skills
    please make sure your profiles are completed, we cannot proceed without basic contact information on you.

    we may eventually ask you for a resume- not that we need all the details but it does help understand background and skills and you will get a much better fit for your volunteer work. this is something we have learnt from past experience...

    everyone willing to help is welcome. please do not forget the profile!!!

    What main theme do you expect for probable resume?

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  • prioritydate
    08-14 01:02 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.

    Well, I didn't said that I just proved my theory. It was just an assumption.


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  • immuser
    11-01 06:26 PM
    I have seen many discussions were people talk about going to Canada, UK etc.

    It is good to know what your options are other than US.

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  • vandanaverdia
    09-11 12:11 PM
    Ordered ours & to be delivered in DC to another IV members address, as there was not enough time for it to be delivered to Seattle.
    I guess others facing the same problem can do so... There are local IV members... Pls pm or email them if you need help....


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  • diptam
    08-10 11:59 AM
    My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....

    Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...

    I got the info from my friends attorney.
    i want to verify it with my attorney but he is not lifiting phone. he is too busy

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  • caond
    05-07 10:32 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.


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  • grupak
    03-01 12:50 PM

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  • rajev_kk
    07-14 11:17 PM
    Thanks for the information.


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  • mhtanim
    12-31 03:34 PM
    No FP for me either. See signature for detail.

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  • anandrajesh
    02-06 10:35 PM
    How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

    Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

    Sorry I am a moron.

    It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

    No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.


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  • authrd
    08-22 12:52 PM
    This has been bugging me for a while now. I applied for I-485 in July 2007.

    I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

    Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.

    I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

    Any thoughts.

    Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

    I want to be proactive and get other documents ready if that is what it'll take.

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  • andy garcia
    04-08 01:55 PM
    US Legal Permanent Residents 2007 (

    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.


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  • a_yaja
    07-25 01:41 PM
    dont confuse dated dob cert with the registration long as the dob cert has the registraation date within 3 years or less, i believe, then u r ok...
    It should be one year or less. That is what my lawyer told me. If the registration date is more than one year after birth, then an affidavit is required.

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  • tabletpc
    06-17 01:40 PM
    Been there, done that , do this�!!!

    Long story short. I am not sure if its illegal , but surly it is questionable and could make your immigrations issues complicated.

    I contemplated a lot when I developed the iPhone App. Looking at the number of downloads now , I could have made good money �. but could have been at the cost of some complications. With 485 pending I did not wanted to land into another delay�!!!

    So play it safe for now�keep it as free.

    For those interested in iPhone programming resources�..iTunes has lots of podcast. Stamford podcasts are my favorite.

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  • lkapildev
    07-12 05:27 PM
    Take one by one and try to answer properly.

    1. What is CIS is returning visa #'s to DOS.?

    There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.

    2. How USCIS and Consulate can report unused Visa #'s?

    You might be reading the I-485 rejection cases by CIS and Consulate
    You might be hearing about USCIS is unable to process the applications received
    You might be hearing people could not able to file whose cased were current in June.

    All these Visa #'s are reported back

    3. To me around 20000 such numbers are available for this years quota

    4. Can my applications sneak into this #?

    Answer is uncertain.

    If your have an old priority dates then probability is high

    If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.

    5. What would August VB have?

    If they do not approve any July2 filling then here is what they will do

    a) Retain petition with old PD and adjust them in Aug
    b) Reject all I-485 application for candidates recent PD

    They are making a decision fast, that the reason Aug VB is not yet published

    6. Will USCIS reverse the new decision?

    Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.

    7. How about Law suite?

    :) Do not worry there is a slick chance. All appropriate autherities are informed about the circulars

    I have no hope from this process. It's just building a fake hope.

    8. People are still filling the application.

    Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.

    There is no guarantee that you will process your application from XYZ law firm in Oct.

    If you file now through them, you are bonded with him until you hear some good news from CIS.

    There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.

    Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.

    Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.

    Robert Kumar
    01-03 10:46 AM

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

    Thanks for information.
    So are you saying, the employer need not pay me, while I'm full time in school.
    1. How does it effect H1B status.
    2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
    3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.

    01-24 01:46 PM
    Am in the same situation, 221(g) yellow form Mumbai since mid-November. Still in India awaiting further indication from the consulate. Have had lawyers call DOS, have called the consulate a few times but the response is standard - awaiting feedback from Washington, no way to expedite.
    Sucks...sorry you have to go through this too. Feel free to pm me if you like

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