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Thursday, June 9, 2011

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  • gps001
    02-23 02:34 PM

    1. I have my I-140 approved, applied for I-485 and have EAD/AP
    2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
    3. Both have 6 years of H1-B expiring later this year (both from different companies)

    I can extend my H1-B based on pending applications.
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?

    My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


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  • desi485
    06-08 03:04 PM
    Mahindra has been selling farm vehicles, tractors and stuff, in the USA for quite some time now. I doubt if you want to buy a tractor.

    Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.

    The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.

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  • chanduv23
    02-27 06:45 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    Interesting question. People generally leave their sponsering employer when they invoke ac21 before they get a GC, which looks fine and when they get the GC they stick to their new employer atleast for 6 months to show that the GC intent was for continuing employment.

    It will be interesting to know if you can jump to another employer even after getting GC (something like AC21) showing intent to continuing employment.

    This whole 180 day thing seems absolute ie 180 days after applying 485 and 180 days after getting GC.

    I have no answer but lets see if someone can answer this. You may also want to post it on the "Free Immigration Advice Conf Call" we have one on March 1st, 2008 and get an answer from the Attorney.

    On another note, is it just not possible to wait for few more onths before u make your giant leap?

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  • desih1b
    04-06 02:53 PM
    I am sorry, you are eligible for the emergency appointment because You are returning worker on h1b. But sometimes you dont get any slots in emergency appointment also. thats the reason i advised you to email to chennai consulate.

    When i went to india in last october, thats what i did. I had to leave for india because of my father-in-law was died. Because it was emergency i did not have time to take the appointment while going to india. after going, i tried for emergency appointment but there were no slots before my ticket return date. then i contacted chennai consulate (not VFS), then they gave me the date and time for the interview. everything went well.

    all the best!


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  • for_gc
    08-13 01:03 PM
    Hi Funny,

    When were your respective I140s approved ? Were they with the same or different employer ?

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  • eb3_nepa
    05-28 12:25 AM
    Hi Guys,

    For those who applied for the EAD and it has already arrived (or those who have done the ead renewal b4), when does the new EAD/AP start from?

    Say my EAD is expiring on Oct 1 and I apply on June 1 (lets assume every month is exactly 30 days for calculation convenience). Now say my EAD arrives on say Sep 1, then does it start from Sep 1 or does it start on the original Oct 1? I guess my question is, do we lose a few weeks each time we renew the EAD/AP?


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  • cbpds
    02-23 12:53 PM
    please change the subject of this thread to "loan denied" otherwise its assumed to be H1/Stamping denied

    I'm not sure about Mortgage.

    But for Cars I heard below.

    One of my known Uncle who is having GC went to buy Lexus car in NJ and they hesitated to approve him loan and by this my Uncle got upset and he downpaid whole money. Ofcourse he is Wealthy.

    One of my collegue who is in US from past 3.5 years went to Honda showroom and they didn't approve him Loan as he doens't have valid Visa & I-797 is valid for couple of months only.

    Forget about Banks, even Credit Unions are doing the same.

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  • softcrowd
    10-02 03:21 PM
    If I-140 is withdrawn by the employer, one can not port the PD.


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  • santa123
    06-21 12:41 AM
    What did the employer ad state? give more details.
    Also, why did you combine education and work exp on your ed eval? where did you get your eval done?

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  • gcdreamer05
    08-18 12:40 AM
    Dear Attorney,

    I live in boston and come under Texas service center, my I-140 was approved from texas.

    But my pending 485 was sent to Nebraska Service center.

    I am now trying to file EAD application,

    I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).

    My RFE's have come from nebraska only.

    So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.



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    11-05 06:27 PM

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  • jthomas
    05-05 06:16 PM
    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers

    It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

    I have a canadian PR so i took the risk of taking unemployment benifits.

    you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

    Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

    J Thomas


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  • ssss
    08-03 08:25 PM
    Forgetting passwds is normal, especially for IT guys :D

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  • coolmanasip
    08-16 08:06 PM
    Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.

    The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we I think there is a difference....

    I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.

    Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.

    I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.

    Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....

    sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time


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  • whiteStallion
    03-01 02:35 PM
    Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.

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  • indianabacklog
    10-24 03:44 PM
    I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.

    There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.

    From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!

    By this location I mean where Ashleys furniture is on US 31 and 146th Street.

    I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.


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  • Raven
    01-20 03:05 PM
    Forgive me for being naive and ignorant but I thought Obama was for immigrants/immigration/CIR. What Happened here? Did I miss something..Fill me in if you can please. Thanks.

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  • gc_check
    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.

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  • uslegals
    12-21 12:04 PM
    Thanks Guys.! this is really, really helpful. Appreciate your advice.!!

    06-27 04:02 PM
    Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.

    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????

    07-10 12:08 PM
    This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.

    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum


    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

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