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  • Harivinder
    04-09 08:40 PM
    My RFE's are
    1. Emloyment verification letter
    2. Proof of authenticity of Marriage.

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  • jambapamba
    07-10 10:24 PM
    What about the people and their families who went home(india) for vacation. They need to come back to file before the end of the month if this rumor is going to be true. Hopefully, a special Air India flight will fly them here for free....:)

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  • food2006
    08-18 09:09 AM
    While submitting your 485 initially, didn't u submit any proof of marriage as an initial evidence?

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  • ivar
    11-14 10:01 PM
    I wonder if this is one of the rogue users from another forum. this is tiring to post everyday, but here are IVs acheivements:

    Of course no one is forcing you to donate, you can just go around complaining, accusing and attacking everyone for the next 10 years instead.

    Dude, I have also donated to IV but i am not sure why that "donor" doesn't come next to my name. I wish everyone donates atleast $25 to support IV and for you "tonyHK12" stopping being a Jerk and accusing people as being attackers (when you don't know about anyone), if you need to encourage people to donate start a new thread and direct people to the new thread.


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  • msp1976
    10-19 02:38 PM
    That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.

    The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....

    Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against throw you/me out..

    So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...

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  • msp1976
    10-19 02:00 PM
    The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
    Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..

    As long as USCIS does not release any regulations...We can do this ....
    If asked officialy some attorneys say that it cannot be done and some are fine with that...

    Immigration laws are kind of applied sporadically and can be pushed to a certain extent


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  • felix31
    01-23 08:35 PM
    Same here. Company attorney mailed 3 year H1/H4 extension today. Hopefully, I will get H4 approval and I-94 before April 1st. If not, I will pray for the H1 cap increase. And if not, I will apply for H1 later this year under Masters quota.

    I heard you dont have to have masters requirement in the actual job offer to take advantage of Masters quota. Is that true?

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  • fall2004us
    11-10 02:45 PM
    Nice set of questions...
    as long as primary is H1 and is working for the sponsored employer, switching the status between H4 and EAD should not be a problem, It is always good to have a set of approved AP.
    I might be wrong, please throw some more suggestions.

    Last year, One of my co workers went to china, just before he left, he got his green card, a month before he had got his AP. When he arrived at the POE, he made use of his AP instead of GC, when I asked him why he did that? He said he wanted to take advantage of AP as he paid for the AP :D
    Does that mean that his GC is invalid, the officer at POE could have cross checked whether he had a GC !!!
    Similarly, the officers cant check between EAD and H4..


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  • pd052009
    11-15 10:30 AM
    + straight As only ?

    why - only tier1 & tier2 ? should be based salary withdrawn- isn't?
    GC quota should be based on skillset(1,2,3), not solely based on salary.(remeber, we are talking about future salary here).

    There should be a separate quota for Master's degree holders with existing jobs in their field of study. That would weed out people joining random schools for a Master's degree just to be part of that quota.
    They should work atleast for 3Yrs(1st H1B duration) after OPT, in their field to qualify for the new quota. If they change the field during this time, they have to come and join our line.

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  • ravi.shah
    03-19 10:38 AM

    Mailed is not equal to received or applied for transfer. Until you have proof that USCIS has received your application, dont start at the new employer. Waiting for the receipt # is the safe route down the road even though you have to delay by a week or so.

    Thanks for the info dear.
    I will wait for the receipt number.
    I do have one more question if someone can anser :
    I have to start with new employer on 3/29/2010. Definately i will get receipt before that.
    Now my question is, is it ok if i leave my current employer on 3/26/2010 ?
    There will be a 2 day period(weekend) where i will be travelling for the new job.
    I am worried what would be my status for those two days.
    What could i do in this situation ?


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  • ghost
    07-01 11:01 AM
    How did the show go?

    It can't be at 4 in the morning:D or is it?:confused:

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  • nixstor
    01-22 11:18 PM
    Lets say her H4 expires on Apr 10th 07. If her I 129 application is filed on Apr 1st, Do you think her I 129 is considered to be ok? Again, USCIS wont be able to generate a receipt notice with in 10 days and assuming that the receipt notice will be generated after Apr 10th, what kind of impact will it have as her H4 would have expired by Apr 10 th? It looks like the bi specialization program is causing more delays because the cases need to be transferred from VSC to CSC. As Andy pointed out, there is no guarentee service for H4 approval with PP.


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  • rajabeta
    09-25 10:21 AM
    R PITCHER at 9:31am on 23rd jul 2007 at NSC

    Ok Thanks,

    Who signed for your packet at NSC on Jul'23rd? Was it Mr Heinauer? Reason I ask is mine was sent on July 20th but didn't receive receipts yet.

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  • Canadian_Dream
    01-24 05:56 PM
    Government dictates the rule for granting F1 non-immigrant visa and eligibility of a school or its programs to admit students under such provisions. When a student is at the school, the school/department has full control on what are the conditions for an international student to be on a valid visa. For example, some schools enforce 9 credit requirements per semester while other requires 12 (so yes school dictates these details) or some have no such requirements such as Kaplan/Language schools etc. There are other details too like duration of completion and criteria for expulsion. In violation of any of these conditions each school can cancel F1 status based on its own rules. Government doesn't dictate on what criteria can a school expel a student and thereby voiding his/her F1 visa status.

    As for intent, merely showing an intent is different from actually changing visa status. F1 with a pending AOS is a gray area for precisely the same reason. The best thing an F1 student could do is to complete the course meeting the F1 criteria of possible and/or switch to EAD by formally taking up an employment and filing I-9 which will be same as changing status explicitly.

    As for previous non-immigrant status it remains so until one uses EAD regardless of what that status was. There is no ambiguity in it, that's why people obtain EAD and never use it to maintain their previous non-immigrant status. If you maintain a valid F1 status and say your I-485 is denied you are still safe because your F1 status is still valid, it didn't go away just because you showed an intent to immigrate by filing I-485. That's what I was suggesting to original poster, if for some reason you prefer to maintain non-immigrant status you should keep either F1 or H4 whichever is convenient to you.

    The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.

    Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.


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  • baburob2
    10-03 10:32 AM
    Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.

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  • uslegals
    09-20 01:58 PM
    I could not find the link/video to the national anthem sung by Pankaj.! I would appreciate it if somebody can post it here please. thanks!

    Pankaj - if ur reading - man u did a marvellous job.!!


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  • kumar_rk21
    10-18 02:57 PM
    Is it too much to ask Google to put a Diwali logo like it does for Hanukkah or Christmas .. at least if not in but in

    Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?

    Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)

    It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.

    Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".

    With this thoughts and wishing peace .. happy and prosperous diwali to everyone.

    May Lord Rama bless the world.

    Wow.. I don't understand why we always make a big fuss of such things. Do we think that we are so special or we are just too sensitive because of our inferiority complex. Invent something that will change the world for better, win some gold medals in Olympics, improve the quality people by building better infrastructure, innovate and accomplish and the world will automatically notice. And yes, don't be an hypocrite, go back and do something good if you truly believe in it. Change starts within and courage to accept one's weakness leads to strength. Patting yourselves in the back for the achievement made so far only bring complacency and my friend we have a long way to go!


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  • eb3India
    10-05 10:39 PM
    We have many in our company went back to India after applying 485 or with pending labor, their GC process still in progress

    but they choose to goto India mainly becuase of uncertain GC process

    I myself have a good offer from my company which I am pondering on, I am stuck here for a while to finish my masters

    if I go back to India, it could be that I might taking many more jobs, as I need to train and build a team in India and replace my team here

    oh well, I am sure there are stories similar to this we got to find it, we need to show losing one skilled labor could also mean losing many more

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  • ivgclive
    03-02 02:27 PM
    Can you please help me with this?...I have already submitted the affidavit copy and now they want it from Registrar office. Has any one got it from registrar office in India? if so, how difficult it is and what is the procedure?

    "A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a city, or

    A photocopy of a birth certificate issued by the Additional District Registrar�s office if the person named above was born in a village.

    If a birth certificate does not list the names of both mother and father, or the child, secondary evidence must be submitted to establish parentage. Secondary evidence includes, but is not limited to , copies of: medical records, school records, census records, government-issues identity cards, religious records and/or affidavits from at least TWO persons alive at the time of birth. The oldest available evidence that lists the names of both parents should be submitted."

    Thank you!

    Instead of wasting time of forums, just ask your Dad/Mom/Uncle to approach the nearest Taluk office / District Registrar's office, there are tons of agents sitting outside to provide information and even get the work done.

    You can use certain documents to get it properly registered and get a valid birth certificate, if your old ones does not have names.

    But, the above mentioned work requires some "serious efforts of a local person" by hitting several doors within a week time, forums in internet won't help you.

    Since you don't have enough time, I would not recommend to go thru any "internet" based agencies for this work.

    If you have to 'pay' for the valid & legal certificate, go for it. But any illegal document(even if you are not aware of it) will just screw up your GC processing in US.

    09-20 10:30 AM
    I just sent out an email blast to all my H1b and GC Holder friends. See the text as below. Please feel free to re-use/edit as appropriate and send emails to all your friends (GC Holder or H1B's and F1's)....

    Don't worry there is no copyright for this text :)



    <<If you already have your Green Card, please forward this email to those who are stuck in the GC retrogression mess. >>>

    However, if you are like me and are stuck in USCIS retrogression, then you surely want to become a member of "Immigration Voice (IV)".

    IV has a team who is lobbying for you and me. The Membership is free. Currently, we only have 5851 members in IV, while almost 300,000 people are stuck in the retrogression. IV needs to show a large member base to communicate their voice to the Senators and Congressmen. If you don't stand up for it, who will??

    So if you want something to happen within the US legislation/Immigration policies in the near future, please join hands with IV.

    Remember, there is Power in Unity!!!

    So please become a member at Time is flying, please do not delay!


    great effort Final GC. Thanks

    08-04 09:04 AM
    Congrats for the painless Visa stamping.

    If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.

    Are you saying that

    I should use my AP to enter the USA and not the H1?
    And then ofcourse I will have to continue using EAD.

    OR are you saying?

    I should enter on H1, but use EAD ?
    Wont that invalidate my H1 stamp for any future use?

    Secondly, Arent the h1 and l1 visa holders allowed to have dual intent?
    Why would they reject my 485, just because I used an H1 to re-enter?
    I have seen posts on this site where people have entered back on H1 despite 485 pending.

    Can someone clarify and help on my situation ?


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