субота, 11. јун 2011.

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  • MannyD
    09-07 06:36 PM
    Please respond so that we can get an idea of the distribution of EB cases.
    You have to be logged in to participate in the poll.
    Thanks to MrWaitingGC for the initiative.

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  • thomachan72
    09-07 11:30 AM
    Do you have a valid AP?
    If not, how is it possible to enter the country?

    It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.

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  • addsf345
    12-30 03:01 PM
    I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.

    Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

    Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?

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  • andy garcia
    07-18 04:21 PM
    Anyone got a working link for this? I had at one point, but now I can't seem to find.

    CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)


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  • amitga
    12-09 07:02 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.

    Can you please share what steps you took to follow up with NSC on interfiling and did they respond to your requests.

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  • coopheal
    11-05 04:36 PM
    Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.


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  • sathishav
    03-01 03:10 PM
    Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.

    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.

    MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)

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  • coopheal
    11-05 10:15 AM


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  • EB3_SEP04
    07-13 07:37 PM
    yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.

    karanp25, I am assuming that was meant to be sarcastic.

    I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.

    some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.

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  • Saralayar
    01-20 01:53 PM
    Looks Good.. Good job Admin.


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  • eb3retro
    03-05 02:21 PM
    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    u got ur response from wandmaker..so long, we WON'T miss you.

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  • snathan
    05-04 12:00 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.


    I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.


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  • mheggade
    07-18 03:50 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)

    thanks in advance :D
    1) Yes, 140K includes primary applicant,spouse and minor children.
    2)It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.

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  • apb
    08-07 04:55 PM
    Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue

    Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
    The same appointment could be used by my wife to stamp her H4.
    testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.

    For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.

    If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.


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  • miguy
    06-29 10:45 AM
    Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?

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  • hasil
    01-05 09:00 PM
    My wife came last May on H4 visa. I am on EAD and working with different company from Feb 2008. She had Advance Parole but she used H4 as it was simpler.


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  • sheshadripv
    12-13 12:45 PM
    My collegues have travelled via Germany with exipred visa(they had valid I94s too). and I heard that only via Germany transit visa is not necessary. But if you travel through France, transit visa is necessary.

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  • dreamgc_real
    04-30 08:32 AM
    Obama did say that there might not be an appetite for it currently.......... However, making the bill a delicacy might bring back the appetite :D just kidding.....

    Seriously, if other states follow Arizona, it becomes a pressing issue and whether Obama or Congress has the appetite or not, they have to learn to deal with it. Can't let the Arizona law go viral.

    One of the biggest complaint that AZ is making is that the federal government is not addressing the border problem.........well, the federal govt has to wake up and start addressing immigration reform on the whole .......... as so many sections of the immigration system is broken.

    In conclusion, the mood and environment sets the stage. We have one. Got to take advantage of it.

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  • GT7481
    07-10 10:40 AM
    Yes India, I totally second it. India as of now is a booming economy and will be in the future, we all are professionals educated if other economies can benefit why can�t our own benefit from what we have. People all talk about corruption, corrupted politicians, red tape etc, why don�t we take a step towards pushing it down, like once my friend said about putting a website that will expose all of them even a clerk who is corrupted can be captured on a mobile phone and posted on the site.. Just a thought and well being an immigrant means for some time in life you cant even vote(Voting is an important thing in democracy).I believe India will keep growing in the years to come and will be good option .I personally believe being a part of developing some thing even a country is great thing rather than sit on top of something that�s already developed by some one�Just a thought.;)

    07-15 09:41 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.

    I am not a legal expert.

    For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.

    The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.

    BTW my I-94 expired more than a year ago when I switched over to EAD.

    07-25 01:51 PM
    Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.

    Do the following:

    If you receive physical copy before AUG 17:
    1. File I-140/I-485 with your OWN labor before AUG-17.
    2. Do not apply for EAD and AP on the second one.
    3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
    4. You can continue using EAD/AP filed with the first applications.

    If you don't receive the physical copy before AUG-17

    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.

    Good Luck.

    My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.

    Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?

    Do I need physical copy of my approved LC to file 140?

    Replies will be greatly appreciated

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