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Thursday, June 30, 2011

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  • ufo2002
    09-15 01:37 PM
    So let's have premium processing in all stages?
    Wonderful, why not this suggestion:
    Sell GCs for 30k each, or put up on auction.
    30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!

    I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.

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  • dealsnet
    01-28 08:34 AM
    If you overstayed more than 180 days will trigger a ban. Apply for a visa, or try to find out from CBP or your local consulate or embassy, to find out the ban period. May be 3 or 10 years. You can appeal for ban waiver. Tell the truth at consulate, if not the ban will be greater.

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  • srini1976
    03-26 10:41 AM
    Just check if the physician fills out the I-693 form without errors and signs it appropriately.

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  • bindas74
    07-19 04:23 PM
    I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.


    I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.


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  • 485Mbe4001
    04-19 02:27 PM
    Please talk to your congressman and/or Senator and update them of your plight in particular and the EB immigration mess in particular. They are very responsive.

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  • desi3933
    09-19 12:55 PM
    Hi All,

    Please help me on this. Here is the situation:

    1. Company A First time H1B - Oct 1, 2004
    2. Company B transfer - Jan 22, 2006
    3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
    4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.

    My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?

    Please advise and pardon me for my ignorance on this.

    Thanks in advance,

    >> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
    Yes. She can get H4 visa stamp based on your H1 extension approval notice.

    *** Not a legal advise ***


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  • nk2006
    03-02 04:17 PM
    I hope most of our members are writing/meeting their congressmen regarding our issues (thru state chapters etc.). Since CIR is about to be discussed in the Senate is it worthwhile to send a petition to all judiciary committee members? Maybe we can use one of those onlinepetition websites and encourage all members to virutal sign it. A petiton with a large number of signature might have a favorable response rather than an individual writing to a local congressman (I always get a standard one page response even though I change text and highlight one aspect of our issues). What is your opinion on this exercize - is it useful?

    Ofcourse meeting the lawmakers thru state chapter is the best and members can continue to do that. The above is a complimentary action (and which need members to sign a petition).
    - nk2006

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  • raj2007
    02-17 11:40 PM
    Yes I declared my arrest in I485 and have got my EAD and AP aproved.
    Did anyone in this situation travel on AP?

    I think you should be OK.. try to consult the lawyer.


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  • imhrb
    01-06 07:24 PM
    I have called them many times and did everything possible.

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  • hpandey
    07-15 01:47 PM
    I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.

    There is not much risk in moving to EAD but I don't get why your employer wants to cancel an H1 which is valid till 2010. I have seen employers not wanting to extend an H1 if the employee has an EAD but going out of way to cancel a valid H1 seems extreme.

    Tell your employer to continue your employment on H1 until it expires and then they can start you on EAD. That would give you enough time to think of the PROs and CONS.

    A lot of people move to EAD ( don't renew H1 ) since it only costs more money for the company ( although it provides a small safety net in case your I-485 is in jeopardy somehow ). In my view it is very safe to move to EAD but again in your case I would ask the company to wait till 2010 for your current H1 to expire.


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  • baburob2
    04-29 01:05 PM
    Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
    Some of the factors to consider before refiling:
    1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
    2)Alien requiring a seventh-year extension:
    It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
    3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
    If the above economic factors seem to cause any issues dont refile.

    This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.

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  • user1234
    08-22 03:54 PM
    I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
    Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
    I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
    in case my H1-B gets rejected?


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  • sonia_sd
    10-11 01:00 PM

    My I-485 AOS thru my Husband's I-140 is pending right now.

    Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.

    My question is :

    Which is better Interfile or new filling ?

    What are the advantages and dis-advantages of both ?

    If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?



    People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D

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  • aaren253
    02-19 02:50 AM
    I am 15 years old travelling alone on American Airlines from Toronto YYZ, Canada to Delhi, India via Chicago ORD. Will there be any problems for a 15 year old travelling alone.


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  • bkarnik
    11-07 11:57 AM
    Any members in Iowa, please post here.

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  • la_guy
    06-27 08:06 PM


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  • wandmaker
    10-08 03:20 AM

    I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.

    Thanks in advance

    If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)

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  • vikramy
    06-10 02:58 PM
    Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.

    Hi Vikram -

    Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

    There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

    Good Luck.

    Not a legal advice.
    US citizen of Indian origin

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  • Becks
    03-29 05:30 PM
    They would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.

    03-11 05:52 PM

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    05-02 04:49 PM
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