Tuesday, September 13, 2011

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06-08 12:45 PM
Anyone heard anything yet?

Supposedly they take a max of 11 weeks but it worries me that I do not even see any LUDs.
I guess it is a waiting game just like everything else with them.

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04-07 05:22 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.

Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.

I think in your case you have been lucky and may have given complelling reason, but otherwise the odds are that the next time around entry may be refused or a shortened stay. I have seen from numerous cases, 7 out of 10 cases were rejected or shortened stay. As one of the posters put it , it is at the discretion of IO at POE next time you visit. This is high risk when u put the things into perspective in longer run

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09-13 12:12 PM

This is my opinion and I am not a lawyer.

I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.

Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.

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11-16 11:41 AM
I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?

2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.


If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.


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06-10 12:43 PM
Hi Gurus,

I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.

Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

Now my question is that, I am planning to change my job (to employer B) in September 2010.

Please help with your valuable answers for the following questions:-

1. How long does it take to get the i140 approved?

It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.

2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.

3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

Premium processing would take less than 30 days. To be safe move after employer B receives the approval.

4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.

5. Does the new job need to be the same title and job requirements as the old one?

For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.

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Munna Bhai
12-14 09:42 AM

I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.


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03-26 04:53 PM
I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
I have to disagree...in this case its the Destination!!!

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03-31 11:14 AM
...Because as per law you cannot have different job duties until you get your gc and max one year beyond that...

Your statement is true in the sense that H1B candidate must work on the same duties described in LC but you are wrong in saying that one has to wait one year after getting GC to have different job duties.


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08-10 06:57 PM
Why would IV not support a bill like this? Wouldn't this not make all our current problems go away?

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07-29 10:33 AM
As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

In short it is not easy to go back full time studying while your I-485 is pending.

This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.


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09-27 10:34 AM
FWIW: Got EAD Card Production ordered for both of us. 9/26

ND : 8/15
RD : 7/18

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05-23 10:46 AM
This article was a result of the hard work done by Salil. He pursued the local paper to run a story on LEGAL immigration and ensured that we get due media attention

Thanks a bunch Salil.

Btw, the bonus is the Immigration Voice poster in his hand. That was really smart thinking :)



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04-16 03:22 PM
I thought as soon as I-140 is denied your spouse has to stop working on EAD and go out of the country to renew H4. ?

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04-28 04:22 PM

I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

This is how I see it.

What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.

If you cannot find any, then simply switch to EAD.


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02-11 08:06 AM
wow.. thanks guys.. you guys so nice..i didt come illegal here.. like you see i said i lost my statu becouse some thing stupit happens..and i try to stay legal..anyway..thank for you support..

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03-15 11:02 AM
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?


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11-14 04:36 PM

who gave me red mark?

somebody gave red mark...what happened???

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06-11 11:35 AM
Having a "current" priority date, however, does not assure that a case will be adjudicated. The CIS, despite policy pronouncements to the contrary, clearly does not process cases on a "first in, first out" basis. Indeed, there does not appear to be any rational basis for their case selection scheme. The CIS Ombudsman has accused them of "picking the low hanging fruit" - meaning that they take "easy" cases in preference to "harder" cases, no matter when filed.

Applicants should not reasonably expect the CIS to adjudicate their pending adjustment of status applications shortly after their priority dates become current. Understand that when your priority date becomes current, that is just the start of the fight. You need to initiate vigorous inquiries through the CIS Ombudsman's office, the office of one of your Senators or your Congressman, and your own written inquiries and InfoPass appointment inquiries. Do not sit back and assume that they will do the right thing. Get on them and stay on them until your case is adjudicated.

Most important of all, do not simply assume that when your priority date becomes current, your case will be approved.

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07-17 08:58 PM
As far as I know, nobody is disputing that.:)

just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??

11-23 02:15 PM
Try checking their site right around 9:30pm EST. They seem to open up appointments between 9:30-10pm. Appointments fill up pretty easily. (So much for our visa fee dollars).

Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.

Please let me know if any one was able to do it in last 3 weeks time frame?


12-07 09:28 AM
Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

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