Friday, September 9, 2011

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07-30 04:15 AM
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

Thanks for the input.

I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)

At least you have a good problem , rather than rotting in various queues for a decade.

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11-16 06:40 PM
As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.


Here you go:

If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.

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08-23 06:41 PM
have always EAD/AP as your backup even if you have H1 visa (especially when you didnt have stamping or visa expires soon or if you have job uncertainity), it is safe as others suggested.....incase if you need EAD/AP for any emergency, you cant get these easily, it takes atleast 1-3 months for approval based on your processing center, so better apply atleast now...if you are working in EAD then it is better to apply for renewal before 4 months of expiry of current EAD/AP.

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09-04 02:05 PM

Please pray that EB2I becomes 2008 :)

I desperately want to file for i-485 and get EAD since my job is in shaky ground.

Please pray for me folks.


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08-07 10:24 AM
Could not attend the coffee appt. Hopefully will be able to attend the lunch.

you can make it..

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04-19 01:14 PM
Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.


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09-17 10:25 PM
Hi Guys,

My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn?t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

Thanks and have a great weekend,

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02-23 01:54 PM
Thats right. It all depends on the state that H4 visa holder lives and intends to go to school; for instance State of Nevada does not allow H4 Visa holder to get in-state tution fee, however State of Ohio does allow in-state tution fee for H visa holders (includes H1 and H4).

This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

The status of I-140 application may be important. Out of state tution may depend on the state.


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08-03 05:29 PM
When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

(do some workout like fun sports (Gym is for the dedicated ones) to stay active)

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08-28 10:03 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

san3297: Please share your experience, it will be greatly helpful to many.


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03-22 02:57 PM

Thank you for your reply. Yes, new H-1B comes with new I-94.

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06-19 04:42 PM
My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.

Have you guys heard anything like "notice of forward"( it was something like this)...

These LC people in dallas are killing me..!



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07-06 11:43 AM
YOu are correct. If you have an approved I-140, you get
- 1 year extension if PD is current
- 3 years if your PD is not current

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12-28 11:12 AM

I am in a similar position and have decided to go back to school in USA. My PD is Jan 2004 EB2, and I am sure I am not going to hit the jackpot before Sep 07. Is there any possible way I can save my GC?

Thanks in advance.



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10-12 04:33 AM
Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.

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12-21 01:27 PM
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05-13 11:36 PM
I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.

Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.

Are you working for a consulting company or a direct to your employer?

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08-11 03:44 PM
I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let’s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?

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07-11 10:07 AM
I recently got this job at a check printing ( company in the US. They create custom made business checks ( The catch is that i need to take care of all my visa procedures myself. What are the procedures involved with regard to medical exams? Can anybody please help me out with this?

11-15 03:18 PM
Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.

If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.

Anyway, check with them and the lawyer before you give up.

Good luck

No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

"Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."


04-18 08:36 AM
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)

Have you ever wondered what are the options you have?

We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants

We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in

Lets gather in that thread for our relief.


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