Thursday, July 14, 2011

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  • justice4all
    08-31 12:29 PM

    My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.

    My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant

    Can I file another I-485 with my new I-140 (EB2) ?
    Is there any way we can link my existing I-485 with my new I-140 (EB2)

    Appreciate your suggestions.

    My attorny is consfused with this situation and trying get mor information.


    Sorry I cant give you suggestions since I am not there yet. But I have a question,
    Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.


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  • afp
    02-25 01:50 PM

    I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??


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  • sideeque
    02-05 09:58 PM
    I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.

    You don't need to stamp visa as its not expired.....

    Have a nice trip to India.

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  • immihelp123
    03-31 09:04 PM

    I changed my employer on EAD and did not go through the H1B route.



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  • tosca_travels
    09-27 02:17 PM
    I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.

    I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.

    Many thanks!

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  • aravindan_kv
    02-01 11:13 AM
    All ,
    I am working for company "x" and having middle vendor "y"
    and middle vendor has got me job and , working in the client location "z" of the middle vendor

    I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.

    The vendor "y" is not willing to work with my client "z"
    and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.

    Is it legal for my vendor "y" to say that i should not work with "z"
    if they don't want to do business with "z"

    I don;t know how to overcome this isssue.please guide me


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  • ebizash
    02-19 10:49 AM
    As far as I know you did not engage in any unauthorized employment since your school's office issued you CPT (Pre-graduation equivalent of OPT issued by USCIS post-graduation). Most F-1 students engage in CPT related internships so you are fine there.

    For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.

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  • GCNeophyte
    07-02 08:53 AM
    I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:


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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada ( because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision ( and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

    More... (

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  • a_to_z_gc
    09-27 12:53 AM
    I don't think you read his question- He/She wanted to know if the FP can be done in an American Consulate General in India if he gets his FP notice while he/she is in India.

    Does anyone know of this situation and if any consulate in India can do the FP?

    If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.


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  • nychyd
    01-05 06:01 PM
    My H1B was filled 4 years back, with 20k less than what I am making as long as i making whatever i filed in H1, I should be fine..right ?

    Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.

    But if you use your EAD it doesnt matter. You dont have to worry about the 3months.

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  • ajm
    04-13 09:29 PM
    What if the house democrats become so pissed off and block the vote in the house?

    The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.


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  • eilsoe
    10-20 03:22 PM
    Just think of it as 2 pictures, each seen thorugh a different eye... there's a left pic, and a right pic...

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  • voldemar
    04-30 05:32 PM
    Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
    No, no need.


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  • needhelp!
    09-23 05:59 PM
    Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):

    As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.

    More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.

    Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.

    You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.

    Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
    Do this, and be rational, and you just might make a difference.

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  • Maverick1
    10-30 03:46 PM

    Is there anyone who has the same status on AP and actually received the approval notice?


    Same status for about a week. No letter yet 10/30.


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  • Dolly20
    10-25 09:53 PM
    My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
    On June 1st, 2007 the approval notice was sent to my employer.
    Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.

    Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.

    Within what time line i need to apply for the same.


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  • looneytunezez
    11-02 12:19 PM
    Thanks...but i agree with your paralegal friend.......there is no logic to it all.
    logic and law are not usually on "friendly" terms....
    i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.

    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..

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  • senk1s
    09-14 01:50 PM
    "The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority"

    Yes with the media attention, there is some stigma to H1 ... we are asking to
    remove/reduce the long DELAYS
    Good point prince

    09-04 02:16 PM
    To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
    My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance

    If the company is moving within the same county then no issues.

    If it's moving to a different state (or) to a different county within the same state, then refer the following thread

    Remember, the prevailing wage differs from county to county even within the same state.

    11-07 06:45 PM
    I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...

    My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
    My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.

    1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
    2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
    3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
    4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.

    Please help me resolve simple question.

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  • snathan
    03-02 02:23 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.

    Would you mind to tell the basis for EB1...?

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  • looneytunezez
    06-05 07:02 PM
    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.

    Same is true here in CA (Only non-exempt employees get overtime).
    Again, check with your state agency regards to overtime pay..... or consult a employment attorney...

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  • zCool
    04-02 01:47 PM
    Nothing written in stone but from anecdotal evidence.. NO
    They process 485s according to RD.
    Approval only comes after PD is current though

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  • dollyGC
    07-21 08:10 PM
    I'm working with an MNC and I'm abt to start my GC processing.I did go through the forum on threads on Fragomen.My employer's preferred attorney is Fragomen.

    How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?


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  • muralip
    09-11 04:55 PM
    I am waiting for my EAD receipt and also my I-140 is not cleared yet.

    I have to travel india immediately on an emergency and my attorney says that I can very much travel to India on my H1-B visa.

    I was quiet surprised to hear that from my attorney as I was under the impression that it is not safe to travel outside US until my EAD is approved.

    Please suggest..

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  • gccovet
    09-22 10:34 AM
    I recently got my gc. Is there anything I need to do to initiate my Citizenship process ?


    After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.

    Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
    Good luck.



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  • reddyreddyrahul
    05-04 06:26 PM

    Company A was holding my H1 and i was working at client location at client C thorugh a vendor B. Company A was not paying me correctly and was bugging during my payments.
    I dint had any writen contract with A saying i would stay this long Nor any Non copetenct Agrement between me and Company A. Company B is a good friend of mine So i swicthed and transfered by H1 to Company X and still working at C through Company B. So he ended my contract with A and started with X I am not sure if Company A and B had any non compitency Aggrement about me.(I dint Sign any papers). Now A is calling and leaving voice mails saying you are still working at C and will take leagal action on me. Company A still Owes me lot of money around 30K how should my mney back.

    Please advice how should i proceed. what legal action possibilities are there that Comapny A can take on me and company B ?

    I would appreciate your feedback.


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  • desi3933
    07-13 07:43 AM
    Would going to Canada and re-entering without going for visa stamping count as lawful entry??

    Or one has to go and get the visa stamped to qualify as lawful entry??

    Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??


    You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

    Yes, it resets out of status clock.

    Not a legal advice.


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  • arc
    10-11 07:53 PM

    Pls. go there and update your information there I ahve applied 3 mos back no FP yet.

    Pls. upadte your data on the above post...

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  • kvrr
    04-27 09:00 PM
    I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.

    What options do I now have? Any options will be appreciated.


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  • srinivasansas
    06-15 12:58 PM
    I see that majority of the people here are getting ready to apply for 485, I want to track already pending 485.

    My Info:

    EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD

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  • gcformeornot
    08-10 10:01 PM
    all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
    My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:


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  • dohko
    01-11 09:15 PM
    Well I have some experience, but It was before I got my Bachelors. Would that count?
    So if the company requires an MBA + 0 for the job that could work?

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  • ps57002
    09-30 08:00 AM
    Interesting is they say "you may have trouble coming in" but for valid h1 holders it should not be a problem (wasn't for me..i traveled). They didn't say anything about "it will be considered abondonment of AOS or have negative impact on it"


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  • RandyK
    04-03 02:06 PM
    Good information

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  • dazed
    11-20 01:28 PM
    My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.

    Thank you.


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  • dano
    05-05 03:53 PM
    I've also heard about these two attorneys, one from Reisterstown,MD and the other from Arlington,Va.

    I am myself starting the process, and I've heard mixed opinions on these two. i would appreciate anybody that could chip in.

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  • Blog Feeds
    08-03 12:50 PM
    Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...

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  • gccovet
    10-31 08:59 AM
    In my opinion,
    Once a person starts working on EAD, his H1 status becomes void. I have read in forum that people still switch from EAD to H1, but I am not entirely sure on that one.

    But here is what your friend need to do:

    All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:

    If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....

    check out

    We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads:;

    10-20 03:18 PM
    nice new footer kirupa, looks great

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    07-23 11:22 AM
    Looks like my thread is not necessary and an extra garbage.

    Green Dot members,
    How do I erase this thread.