Saturday, September 10, 2011

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11-13 08:51 PM
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.

But again, Please check with ur attorney since I am not an attorney.

Sorry if my answers will scare you a bit.


I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband?s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don?t have any paychecks since I did not get the project and haven?t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?

Thank You in advance.


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07-11 04:12 PM
As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?

This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.


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05-01 01:56 PM
Does - Emergency Appoinment include - people already working in US ? are you sure ?

Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work

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02-08 03:45 PM
Yes.. I was one of them..


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10-19 11:20 PM
Hi ,
Ask your future employer to apply new H1B with consular processing(no change of status).
Wait till you get the H1B approval ,book an appointment at US consulate(preferably home country)and get stamping.As everyone mentioned you cannot work till you get I-797 and get stamping.

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03-26 12:16 PM
no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

any feedback is appreciated.

May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.


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01-08 12:27 PM
this may help also :-

Alternate Document (

Birth Affidavit (

Birth Certificate (

Birth Certificates Green Card Permanent Residency (

Thanks patiently_waiting, These are really good links. I have posted these links to IV Wiki as well for future reference. Please add information to Wiki as it can be really useful to folks who are need this info. When you get an RFE you do not have luxory of time and all this info in one place really helps. Thanks once again

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05-04 11:56 AM
Is there any way to link buying house and green card?

I know EB5 is to invest $500,000 to get a green card.

How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.


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11-14 04:27 PM
Currently job market is little bit tight. Employers are asking for GC or citizenship.
By the time we seek perm job, EAD shows only remaining 6 months validity. That might scare some employers. Employers pay more for contractors than employees. So I see you mau get small hike in salary...

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06-25 09:54 AM
This is not correct.

Managing the business comes under employment authorization whether or not salary is drawn by the owner.

Not a legal advice.


A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?

Below are the links that might be of interest. a discussion is going on i other immigration forum.

FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (,,id=210244,00.html)

US Taxes on NRE accounts in India (

Thanks for your thoughts on this!!


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04-26 04:18 PM
Hello All,

Sorry for the post outside immigration boundaries.

My wife with 2 toddler kids will be traveling to India via Lufthansa.

I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

I could not find a clear answer on for baggage allowance to either India or Asia.

Thanks in advance for all your help.

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07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.

Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.

In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).

As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.

There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.

If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.

Well the above is my personal opinion. Ultimately it is your choice.


My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
?Do I need to send AC 21 first before opting by the New Employer?
Thank you.


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03-21 06:29 AM
Only for the first time it is hard for you. Second time it becomes very easy.

There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.

Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!

Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.


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11-15 09:55 AM
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.

check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...


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09-14 03:56 PM
WOW - 6 to 7 congress men attending the rally- TOOOOOOOO GOOOOOOOOOOOOOOOD.

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07-13 10:13 AM
I don't know if you guys are aware of this or not. In 1994 when US hosted the Soccer World cup, An Uruguyan player was granted direct Citizenship as US wanted to feild a respectable fight in front of their home crowds.


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07-28 11:35 AM
One more expert...:D
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....

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12-10 04:44 AM
Friends... does anybody have some idea.

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08-17 11:33 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

Thanks. That helped a lot !

02-17 10:41 AM
You are right. We need to get this to everyone who is waiting for GC.

But Instead of focussing on getting this to everyone, can you focus on getting just two people to participate in this event?

Even if only a few of us do this, this will spread like wildfire by itself. We can make this event a grand success and get what we want.

Spread the word. Participate.

09-03 04:48 PM
You have two options. One is forget the current GC and take new job re-start your GC.

The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.

Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.

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