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Tuesday, June 14, 2011

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  • kalyan
    07-07 05:10 AM
    U r lucky that you have the EAD.

    My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here

    Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained

    US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive

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  • cooldude0807
    12-12 12:17 PM
    How about Montgomery, so that folks from Mobile can also show up for the meet & it will be a good center point....

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  • MSCapBust
    07-25 09:54 PM
    Thanks you all for replying.

    I have 2 clarifications:

    1. Am I allowed to begin work only on 1st Oct 2006?
    If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.

    2. I did NOT get my H1-B stamped on my passport (back in 2002).
    Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?

    I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
    Thanks very much once again.
    Slightly more relieved.

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  • hsingh82
    04-22 04:47 PM
    You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.

    Can you please tell me the source of this "6 months" clause? As per and there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?



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  • minimalist
    10-08 01:37 PM
    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.

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  • zvezdast
    07-04 08:50 PM
    I did the fingerprinting on 06/02/07, first and only time. So, it took exactly one month between FP and 485 approval.
    I hope it goes like that for everyone.


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  • gc_dedo
    03-30 04:42 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
    It makes a difference for people who are porting from EB3 to EB2

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  • nviren
    03-24 05:34 PM
    To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz


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  • mukeshjaiswal
    11-07 10:51 AM
    On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
    Hello bharmohan,

    What is status of your current status, did you got the visa or still waiting for the response.

    I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.

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  • kriskris
    04-17 12:29 PM
    As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
    Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?


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  • bobzibub
    05-15 12:50 PM
    1) Backlog breeds backlogs.
    - Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.

    2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.

    3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.

    4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.

    5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?

    6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
    There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.

    7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.

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  • morchu
    06-02 09:58 AM
    Don't be offended by these RFE's. USCIS officers are just doing what they were told to do (doing their job).

    I understand that the marriage ties of Indians are very strong. But we are in America, and the proof they are asking is to show that the marriage is still in good trust (a marriage certificate is not enough proof for that).

    Same with birth certificate. Americans are used to giving extreme importance to birth certificates, and in India, we never had to use birth certificate as a supporting documentation. So when you don't have a birth certificate, or when the birth certificate was issues recently, they are asking for secondary documentation.

    In the rfe I received both for my wife and myself I was asked to resubmit affidavit with full names of the parents. Also was asked to produce bonafide marriage documents. It is very stressful. I could not believe why I need to provide bonafied marriage document. If I am not married to my wife, how she got her H4? I could not believe my birth certificate is haunting me this way. Any of our school records mentions mother and father names. I am going to produce affidavit again with full names and try my luck again.


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  • doesntmatter
    05-20 09:47 PM
    lfadgyas - Thanks a lot for replying to my query.

    First I have to apologize I missed out a detail in my question - will update my post to reflect this too. After Nov, 2007 the status of the L1-Extension application has been changed to Denied on April 3, 2002.

    I did have a question about working during L1-Extension, I have been doing research since my last post - please read below:
    20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to �� 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

    Will that put my case in a different situation? If I did start counting, shouldn't I start counting after April 3, 2002 to Sept 2, 2002? That is less than 180 isn't it? Or is this not even applicable?

    Thanks a lot for responding once again.

    Do you or anybody have recommendations of Lawyers?

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  • bigboy007
    04-17 01:52 AM

    Valid question but you remember you port the labor to I140 becoz of same / similar duties . Once ported I think its same as any labor and your duties are based out of initial I140 / Labor. So You might consult a lawyer but you might hear the same


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  • raysaikat
    07-12 01:01 PM

    Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.

    Want to work with company B part time,but need to file another H1-B part time.

    My question is:

    Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.

    You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.

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  • amsh
    08-21 05:23 PM
    I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .

    My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
    And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.

    I have two questions
    1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .

    2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?

    Best regards and thanks for helping !


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  • vactorboy29
    02-24 11:54 AM
    I can volunter this for Illinois

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  • yawl
    07-26 01:46 PM
    Greg Siskind reported that there is another amendment(2448) by Senator Chuck Schumer (D-NY) that would allocate 61,000 green cards unused in prior years to Schedule A nurses and physical therapists:

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  • anilvt
    07-16 09:16 PM
    Hello All,

    I have a question....

    The current processing date for Texas Service centre is July 17, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 17, 2007

    My receipt Date is July2nd2007 and current for EB2 PD March2007

    I had inccorrect fee issue but it got resolved and later got EAD/AP

    My case status show's wierd incorrect fees yet

    When can i raise a Service Request? August 19th

    RD + 30days

    I spoke with REP or IO( don't know dialled 1-800 16621 #SRC...#1 #3 #4

    She said your case looks fine
    I said " what next" she said your case would be assigned to an IO

    what do you guys think?

    Thanks for help

    07-20 10:49 AM
    After analyzing the normal benefits of filing 485 are:

    1. get Advance Parole so no need to go for visa stamping
    2. get EAD for spouse so spouse can start working

    Other benefits but rarely used.

    3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.

    For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.

    The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.

    The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.

    09-17 01:11 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)

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