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  • shreekhand
    05-04 10:48 PM
    I understand that you are a bit tight on money right now, but I would highly recommend as others suggested to hire a good attorney by borrowing some money. Do you want to just want to get in a deeper limbo right now or get it done thoroughly right now?

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  • gman
    07-29 05:47 PM
    what was job description before becoming Director? Did you apply AC21 by default? Seems like you do not have to notify INS unless you get an RFE

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  • smuggymba
    10-08 04:54 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Yeah question is what defines employment with them?

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  • pd_recapturing
    09-04 10:19 AM
    Hi guys,

    I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx


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  • dbevis
    October 23rd, 2003, 11:59 PM
    Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.

    Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.


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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.


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  • singhsa3
    05-01 11:29 AM
    Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
    I will be sending mainly to DOS , DHS and USCIS

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...

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  • jatinr
    06-02 11:36 AM
    Since you have applied change of status, you are on pending H1B and not out of status. But if your H1B is approved before your L1B expires and has effective date of 1st October, you will be out of status for those 15 days.

    I don't think it will matter as you are allowed to come in US 10 days prior to Oct 1st if you are coming on fresh H1B, although you can work only from Oct 1st.

    So even if you don't file an extension it will be fine, although your last working days with L1B company will be Sept 15th.


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  • bhushansd
    07-12 03:45 PM
    Please change the name of this thread, it sounds that some got a rejection notice.

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  • karanp25
    07-30 01:45 PM
    We are in exact same situation. Mine got approved 2 weeks back, even though i am on H1, but we are patiently for my wife's EAD approval.

    To make things worse, this whole drama of EB2 current in August will screw me all the more, as she will get 1 yr EAD and then i have to go through this whole nightmare one more time next yr.

    For me, it's been almost 3 months now...and they tell me the case is within processing dates published on their website. I've seen people who applied almost 1.5 months later than me get their approvals....

    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon


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  • comstar8199
    08-25 09:34 PM
    You plan on going to wmu? (depending on your age)

    Maybe, I may end up going to Umich. Still have one more year to decide...

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  • Nikith77
    02-20 06:03 PM

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.


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  • rkotamurthy
    09-29 10:20 PM
    There are lot of action items post DC Rally/Lobby Day. If you have ideas for
    increasing IV's publicity, visibility or member participation, this meeting
    would be a good platform to brainstrorm. We will need to move into a high
    gear and start agressive campaign in So Cal.

    Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.

    Please be assured that it will not be a wasted Saturday afternoon.:)

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  • rajuram
    11-04 09:19 PM
    I don't think that is possible......unless you filed it and it got returned...

    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?


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  • astral1977
    12-19 12:10 PM

    Your manner of last entry is the status that you are currently on. Thats a fact.

    This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

    Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

    Hope it helps.

    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?


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  • singhsa3
    10-21 07:48 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
    Refer and search for "Multiple I-485 Filings Not Advisable"


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  • GC_newbee
    11-06 10:07 PM
    Any other ideas/suggestions friends?

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  • logiclife
    03-24 03:00 PM
    Assuming that those numbers are wrong, you think they will listen to our request and correct it? No way.

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  • go_guy123
    09-06 11:31 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.


    Your comany is doing it right. If there are qualified US applicants, how can they claim that
    they didnt find a local candidate. What will they do if they get audited. Nowdays USCIS/DOL is auditing massively.

    Unfortunately EB green card is a employer driven process and there is nothing you can do about it. US immigration system treats skilled immigration as lowest of the lowest priority.

    02-18 01:05 PM
    I didn't receive any confirmation from USCIS regarding interfiling.

    I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?

    Sorry to hear about your situation. Experts, please try to help bmeduru11!

    07-31 05:05 PM
    If your H1 visa is rejected in canada, they will cancel the existing visa saying you are not eligible. You cannot come back to US again. You need to go to Chennai again for stamping.

    Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).

    Hope this helps.

    Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)

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