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07-27 10:07 AM
it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.

1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.

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Anders ?stberg
June 4th, 2004, 02:24 PM
:D :D

That's funny!

And, I don't mind at all. :)

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02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks

I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.

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06-11 03:26 PM
I know and understand once receive GC why you want to be here. Just a request. Think about whoever left and forum and Please donate something before you leave this forum and site for good.


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06-03 04:48 PM
My EAD case is pending at California service center. Please reply here to get an idea about their processing time.

please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).

here is my information:

paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
in initial review status.

thank you very much.

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07-18 10:01 PM
Here is:

e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)

I already did it for wife, son and myself.

Saved about 1500$

What is the url for e-filing?Pls post here


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05-25 11:28 PM
QGA, Senators and their staff do have my heartfelt thanks. I wonder how we can convey our thanks to all of them in some orderly fashion.

A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.

My two cents.

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Blog Feeds
08-20 02:40 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 ? Temporary Work Visa ? H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #1
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.

Question #2 ? Employment Based Immigration ? Green Card
We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

Answer #2
If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.

Question #3 ? Temporary Work Visa ? H-1B Nonimmigrant Visa
What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

Answer #3
The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.

Question #4 ? Employment Based Immigration ? Green Card
I just received my Green Card, what do I do now?

Answer #4
USCIS maintains a useful web page on the topic ?Now That You Are A Permanent Resident.? It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.

Question #5 ? General ? Social Security Card
How and when can I get a Social Security Card?

Answer #5
Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.

Question #6 ? Employment Based Immigration - Green Card
My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do?

Answer #6
If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.

Question #7 ? Employment Based Immigration ? Labor Certification
What is the difference between the old process for obtaining labor certification and the new PERM process?

Answer #7
In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as ?PERM?) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as ?fast-track,? since these types of cases were given priority handling), and traditional or non?Reduction in Recruitment (non?RIR) cases. These two classifications have been done away with. However, occupations are now classified as ?professional? or ?nonprofessional? and each classification has different recruitment requirements.

Question #8 ? Employment Based Immigration - Green Card
The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail?can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

Answer #8
If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.

Question #9 ? Employment Based Immigration ? Green Card
My priority date is current. How long do I have to wait, we?ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

Answer #9
Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.

Question #10 ? Temporary Work Visa ? H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas are left?

Answer #10
As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.

MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next ?Immigration Q & A Forum? is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)


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03-08 10:42 AM
Here is my experience

My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least

As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial

In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months

In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online

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03-13 10:11 AM
congrats man , have fun put up a big party rock and roll and jump man jump....... after so many years u got ur green..........


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07-16 09:20 PM
Just posted this reply at http://www.numbersusa.com/helpform


I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".

Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.

Below are some corrections,

"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."

The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.

"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."

The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.

(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.

(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.

Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.


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05-02 03:43 PM
Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.

Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.

If you want to move to a new employer go for it.


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02-14 02:05 PM
Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.

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09-05 03:44 PM
The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.

Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?


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10-26 08:36 AM
guys can someone please let me know what is meant by lud.

my fringerprinting was done 2 days ago and received ead no ap yet.

i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.

i highly appreciate if someone let me know what is lud

lud: Last updated Date

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05-25 08:34 AM
Here is the list of phone numbers, fax numbers and emails. Sending fax only is not enough. Please call the senators and talk to their staff. Request them to oppose Bingaman's amendment. The script on talking point is available on the website. Please use that.



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08-06 10:02 AM
I will be there

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07-25 09:53 PM
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.

Sounds fair. Thanks for the info buddy. Good luck!

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03-19 09:46 PM
I think you need to talk to the CPA for tax and not lawyer....

This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA

01-08 05:01 PM
I got this from different website(not sure if I can quote here).

Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

Can you please provide me the web address of that website?


12-21 11:22 AM
Can she be of any help to IV's Agenda.

Good thought but your IV handle has the answer to your question. BTW, nothing wrong in making an attempt.

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