Wednesday, June 29, 2011

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  • martinvisalaw
    09-10 12:52 PM
    The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.

    However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.

    You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.

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  • arnab221
    06-08 08:52 PM
    The preadjucation process is just like bringing a pregnant woman into labor but not allowing her to give birth till the babies number comes . The woman then needs to be painful labor for 28 years ( some member said that’s how long it will take ) , so the baby is grown and healthy ( preadjucated according to USCIS ) , but the doctors from the Department of state ( DOS ) are not allowing the baby to come out into the world .

    USCIC is off late preadjucating the petitions and keeping them ready and many members seem to thrive on just seeing and discussing the LUD dates since by now most of us know somewhere in the subconsious that the GC is a nothing but a bone tied to our tail which we might never be able to bite .

    Some members including me who unfortunately lack the analytical skills of some looked into a very interesting thread some time back which said EB2 will be current within a year . It spoke about 'spillovers' and we all were very happy that finally our baby will see the light of the day . Just like hope never dies I even though the dates have moved back to a date when most of us were in graduate college and the Clinton administration just left , some members are still now hopeful of a "spillover".

    I for one have done what it takes for 4 long years in all ways possible to wake these guys up and now I am honestly least bothered about my GC and I feel the earlier members get to this level of mindset it will give them a lot of mental peace . I am just waiting for my visa to expire or my wall street employer to lay me off( whichever happens earlier ) in which case I also get a free ticket home .
    The expectation that "next month may be the month" will surely kill you long before your GC actually gets cleared ( after 28 years ) .

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  • Tommy_S
    05-21 01:57 PM
    The first one isn't bad. ;)

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  • optimist578
    04-20 03:11 PM

    I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.

    Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?

    I am on my 9th year of H1B with PD Mar 2003 (EB3).



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  • bharat2008
    08-09 12:13 AM
    Hi all
    I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.

    My question:
    can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .

    Thanks in advance .

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  • eb3_nepa
    02-25 09:29 PM
    Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

    Is it possible for someone to post a link to the same. I have tried looking and found nothing.



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  • aries22
    07-18 09:16 AM
    Are you saying client company will not pay for the expenses or it will not sponsor H1 visa? If the Client Company does not sponsor H1 visa, i do not think you an sponsor yourself.You can pay for your expenses if client company sponsors H1 visa.

    Thanks for your reply.
    I read that with a signed offer letter from the company we can transfer.If they give me the letter and not pay any expenses can I still transfer?

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  • Cherrymn
    02-17 04:29 PM
    I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.

    Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?

    Thanks in advance


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  • bkshres
    10-07 12:47 PM
    thanks for your response. My lawyer said she mailed with Fedex and it was delivered 3 weeks back. She is saying these days it takes 3-4 weeks to get receipt notice. but I am not sure whether its true or its just my case getting lost somewhere.

    How long should I wait and what should I do next?

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  • WFGC2006
    04-13 04:54 PM

    My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

    Can anyone here provide some guidance or point him to the right discussion thread?



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  • sw33t
    07-30 12:07 PM
    23 members and counting.

    Have you signed up yet?

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  • gc_nebraska
    01-08 02:49 PM
    Pady! My PD similar to yours , I got an RFE in Sep '08 currently my status says " case received and resumed" but no reply so far . do you think i should take an info pass too ?


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  • BMS1
    09-07 09:18 PM
    What I meant to tell you was that though my packet was addressed to Saint Albans, fedex tracking showed that it was rerouted and picked up at the nearby town address (probably Williston)

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  • Stan09
    03-24 02:56 AM
    Hello all,
    If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
    I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
    Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
    The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?


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  • peer123
    12-05 08:37 AM
    I checked with my attorney, she there is possiblity of it getting approved but there is risk also.

    In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.

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  • navdeep.mahajan
    03-08 04:13 PM
    I am living in US and am currently on AOS (Adjustment of Status), my mom is staying with me on tourist visa but her visa expires in middle of June this year. Last year my father expired and my mother is incapable of taking care of herself alone (she is suffering from pysio frania which basically means she fears strangers and repeats stuff) so i would like to apply for Visa extension for her. Can anyone suggest what points i should take care of while applying for Visa extension for her? or is there any visa under which i can have stay with me in US as dependent??


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  • masti_Gai
    01-10 03:28 PM
    I mean the PD dates moving...;)
    Let the PD dates move and give us some relief;)

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  • newbie2020
    10-13 02:43 PM
    You can count me in...

    By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...

    Committee Members (

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  • STAmisha
    02-19 09:56 AM
    I'm on H1 and My spouse is on H4 (came on H4 in Dec 2003)
    We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.

    Here are a few questions regd my spouse

    Planning to apply for H1 in April 2007, Once H1 is approved
    -Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
    (remember my spouse is applying for H1 )
    -How safe it is FrequENTLY travel to Canada and back
    -How safe it is to stay in Canada for duration of 3-6 months and come back to USA
    -Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
    -stamping of H1 (first stamping for H1 in Canada) after conversion from H4

    03-30 12:04 PM
    When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.

    Though it was 3 years back I am not sure if its done the same way now also.

    07-26 12:49 AM

    Which part of address change trigger RFE

    1) Submitting AR11


    2) Changing address for pending 485.

    Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.


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