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  • HV000
    03-06 06:34 PM
    For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.

    You are in much better shape with >180 days in AOS. Can work in EAD if needed.

    Don't worry.

    Thanks grupak! I was able to use PTO with my employer..
    Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?

    If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?


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  • Meghna
    07-10 10:26 PM
    There is a chance that CIR may be up again in the senate for discussion.

    USCIS might be playing the cheap tricks again to avoid lagal immigrants issues in the senate.

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  • kumar4875
    06-20 08:53 AM
    Why was your I140 denied after it was approved? Provide more details

    What did your denial letter for I140 and I485 say?

    My I-140 was never approved..

    there was a first RFE for my exp letters,

    and then there was an enquiry against Employer
    and then RFE for A2P
    and after answering A@P it is denied.

    while it was pending, during July07 fiasco we applied for I-485.

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  • Winner
    04-03 11:19 AM
    I appreciate your response even if the guy is not a donor. Great job.

    I thought about that for a minute too. This guy has joined on Dec 06, don't know if he made any financial contribution, don't know if he acted upon any action items IV core requested us to do (hopefully he did)

    But IV core stepped in to help this guy, that shows the commitment of the leadership team to help everyone.

    You guys rock!


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  • panky72
    08-13 05:52 PM
    I wanted to get an idea how many EB2 guys would be willing to visit DC to meet lawmakers to help out our EB3 brothers. Unquestionably all EB3 should be willing to visit. This is the chance to show that IV is indeed one.

    Refering to this thread

    I am EB-2 but I would come to help EB-3 brothers because I am sick of broken immigration system.

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  • gcwanter
    03-02 03:13 PM
    Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.

    do you know where i can find the exact text to make this certain?
    or is there any?


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  • BharatPremi
    12-11 11:34 AM
    Why are you applying in EB1 then ?


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  • vardinishankar
    03-04 08:38 PM
    I am trying to find out more about the priority date porting - any pointers to details on how/when it is allowed? From various threads it appears that some of these are successful, but in other cases, some attorneys may not even pursue PD porting.

    If the I-140 is approved with the previous employer (for over 2 years) but I-485 has not been filed, does PD porting require that the new GC application have exactly the same job profile as the one for which the original Labor was filed and I-140 approved?



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  • kate123
    03-31 12:44 PM
    Done.. Thanks

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  • dealsnet
    08-18 10:35 AM
    Few years ago, USCIS did approved EB2 with 3 year degrees.
    But now they are very strict. They are refering into EDGE (Electronic Database for Global Education) database, created by American Association of Collegiate Registars and Admissions Officers (AACRAO) which didn't equate 3 year Indian degree with US equivalent bachelors.
    Check thier website
    There might be very few cases 3 years degree approved in EB2 category. Try in EB3.
    If you don't care about money try one application in EB3 then try to port it to EB2.


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  • styrum
    05-29 12:24 PM
    We all know why! America decided it's smarter than anybody else: "Hey, let's let new people into the country and then exploit them for as long as possible! Well, we gotta give them some hope that that some day they would have the same rights as everybody else, but who said we need to keep the promise? There are so many ways not to: overcomplicated "process", quotas on Green Cards, processing delays, no fixed, mandatory processing times, etc." Once you realize the main goal of the immigration policy - to create permanent underclasses whom America can discriminate and exploit, everything that happened in the immigration history of USA, especially recently, becomes very logical. Unfortunately, it's a long time tradition in US to exploit and discriminate "recent" immigrants. Remember "No Irish need to apply"? How about the Chinese workers who built the transcontinental railroad and then were lynched and Chinese were effectively banned from immigrating to US for the next 70 years (see for more historic examples).

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  • dealsnet
    03-19 01:32 PM
    My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
    So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.

    Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
    You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
    Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
    When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
    I advice you to read articles which sometimes point out that USCIS document were not clear


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  • cnag
    05-24 01:24 PM
    Sent fax#15 from CT!!!!

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  • diqingshen
    01-23 01:37 PM
    Immigration Reform Efforts Begin Anew in 110th Congress

    Shortly after Congress convened for the 110th Congress on January 4, 2007, Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) both expressed their respective desire to pass comprehensive immigration reform legislation. Majority Leader Reid introduced Senate bill S. 9, Comprehensive Immigration Reform Act of 2007, to indicate the Senate's commitment to address the issue this Congress. S. 9 does not actually include any actual legislative language. Instead, it contains a "sense of Congress" that Congress should pass legislation "to provide for more effective border and employment enforcement, to prevent illegal immigration, and to reform and rationalize avenues for legal immigration." S. 9 sets the tone for future legislation, which is expected to come from the Senate Judiciary Committee.

    Additionally, Senators Diane Feinstein (D-CA), Larry Craig (R-ID) and a group of bipartisan cosponsors introduced S. 340, the Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS). AgJOBS was part of the Senate Comprehensive Immigration Reform Act from last year. The bill would create a "Blue Card" program, under which agricultural workers who worked the lesser of 863 hours or 150 days in a two-year period may apply for a Blue Card within two years of the bill's enactment. The Blue Cards would be encrypted with biometric identifiers, and would be machine-readable. Furthermore, the worker would be able to adjust to permanent resident status by working at least 100 days for five years or 150 days for three years.

    In addition to AgJOBS, Senator Feinstein introduced, with Senator Jeff Sessions (R-AL), S. 276, the Passport and Visa Fraud Prevention Act. This bill would add a new, criminal ground to penalize trafficking in 10 or more passports, U.S. or foreign, or visas with a maximum term of imprisonment of 20 years. The bill would confer extraterritorial jurisdiction over these offenses, meaning the United States could prosecute individuals who may have committed a passport fraud crime while abroad. In addition, the bill would criminalize the actions of those sham attorneys and others who engage in schemes to defraud foreign nationals based on immigration laws. Furthermore, the bill directs the Attorney General to promulgate regulations to ensure that the prosecution of these crimes is in keeping with current U.S. treaty obligations relating to refugees (which states that refugees carrying false passports should not be prosecuted).

    In the House, Representatives Howard Berman (D-CA) and Chris Cannon (R-UT) introduced H.R. 371, the companion bill to the Senate's AgJOBS. Representative Jo Ann David (R-VA) introduced the Intercountry Adoption Reform Act (ICARE) of 2007, H.R. 120, which is intended to facilitate overseas adoptions by American parents. Representative Philip English (R-PA) introduced the Secure Travel and Counterterrorism Partnership Act, which would expand visa waiver privileges to nationals of countries that are allies of the United States in the war on terrorism. Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent. Representative Gallegly also introduced H.R. 132, which would impose criminal penalties for those who unlawfully reenter the United States after having been granted "voluntary departure." Finally, Representative Gene Green (D-TX) introduced H.R. 147, which would exempt elementary and secondary schools from the fee imposed on employers filing petitions with respect to non-immigrant workers under the H-1B program.

    Several members of this new Congress offered bills on immigration enforcement. On January 9, the House, as part of the new leadership's 100-hour agenda, passed House bill H.R. 1, a bill implementing the "9/11 Commission" recommendations, by a vote of 299-128. Chairman Bennie Thompson (D-MS) of the House Homeland Security Committee introduced this bill that would, among other things, appropriate additional resources to the Human Trafficking Center and also establish a Border Intelligence Fusion Center Program. Other enforcement bills introduced in the House include H.R. 26, Criminal Alien Accountability Act, introduced by Representative Darrell Issa (R-CA) to establish minimum prison terms for specified categories of criminals re-entering the United States after having been removed previously. Representative Roscoe Bartlett (R-MD) introduced H.R. 78, American Child Support Enforcement Immigration Act, which would bar family-based immigration petitions by one who owes child support.

    Worksite enforcement also received early attention in the 110th Congress. Representative David Dreier (R-CA) introduced H.R. 98, Illegal Immigration Enforcement and Social Security Protection Act of 2007. Representative Dreier introduced the same bill in the last Congress and the House Judiciary Committee held a hearing on the bill in 2005. The bill would direct the Social Security Administration to upgrade the technology for a new social security card made of durable plastic that would contain anti-tampering technology and a magnetic strip that employers could scan to check employment eligibility against an "employment eligibility database." All those seeking employment, including U.S. citizens, would be required to hold such a card. Employers using the system would have a good faith defense in cases concerning the inadvertent hiring of illegal workers. While enforcement proponents supported the bill last Congress, it did raise concerns among the privacy advocates. In addition to H.R. 98, another bill dealing with worksite enforcement was introduced in the House. Representative Ken Calvert (R-CA) introduced H.R. 19, which would require employers to participate in an electronic employment eligibility system. The bill would phase in compliance requirements over a seven-year period, according to the number of persons employed. The bill would also establish sanctions for noncompliance and provide for voluntary participation by entities not required to participate.

    Notwithstanding the number of bills that have already been introduced this Congress, most observers expect an effort in both the House and the Senate to include all immigration legislation into a comprehensive reform package. If, as expected, the package resembles the bill that the Senate passed in May of 2006, it will include provisions for border and interior enforcement, sanctions against employers who hire undocumented workers, legalization of the currently undocumented, and admission of new workers of all skill levels, including highly-educated professionals. More details about the Comprehensive Reform proposal is expected to become available soon.

    The majority of lawmakers agree to address these areas in the comprehensive reform bill. However, there most certainly will be intense debate, as occurred in the last Congress, regarding its details. While the debate last year focused mostly on whether and how to legalize the undocumented, the debate this year--because of the new majority--may shift its focus to whether and how many new guest workers to admit in light of concerns raised by organized labor.

    Copyright � 2007 by Fragomen, Del Rey, Bernsen & Loewy, LLP


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  • centaur
    02-05 04:59 PM
    Call the office and tell them you did not get the answer to the questions and issues you raised and want to speak with the person who handles immigration policy matters. Follow up with this person. Letters go to junior staff and issues get lost unless you contact the senior staffers and seek appointment from them.



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  • man-woman-and-gc
    03-09 09:22 PM
    I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.

    Thanks In advance

    I think its easier to get the PP renewal done in US as it can be done via mail.
    But i think its equally easy to get it done in India. I got my passport renewed within a week in India just last month. There is a 'Tatkal Service' for passport and you can apply under that and get your passport renewed very quickly.

    One thing though, if you change your address on Passport, then it may go for police verification, but if nothing chnages on ur passport, you can get it back quickly in using Tatkal...hopefully within 1 week like i did.


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  • GCNaseeb
    09-30 10:50 AM
    Hi Sparky_Jones,

    Thanks for the advice. Looks like our cases are very close to the PD and type. Let us be in touch. I will PM you my contact info.


    Ignore the Receipt Date on transfer notices. I have the same situation, receipt date on transfer notices was Sep 19, but the receipt date is Jul 23. I checked the receit notices, and they have the right receipt date. Only the receipt date on the receipt notices matters.

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  • rockstart
    06-25 03:02 PM
    I hav e sent the email

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  • kirupa
    04-02 12:20 AM
    The voting part is currently over! Please read my earlier post, as some of the vote counts will be adjusted to remove votes from individuals who have the same/very similar IP as another voter for the same entry.

    There seems to be a tie for 2nd place with three entries having 8 votes. Therefore, there will be some runoff voting as well.

    Should be exciting :P

    06-18 01:20 AM
    now atleast we are used to calling lawmakers. Why don't you meet the lawmakers, contact DOL etc.. make sure you have another job in hand and you can do the transfer paper work. As far as my knoweledge one can have 2 H1B at a time but can only work for one.

    Call the lawmaker and ask him you have a question and is it a law of this land. Ask as a doubt not a complain

    04-06 02:54 PM
    I have a question on this:
    I understand that USCIS can raise an RFE anytime even if PD is not current. However, lets say if they raise an RFE for EVL today, and the person is working in same/similar position and replies to the RFE.

    Would that mean that USCIS will not raise an RFE again on EVL? What happens if the person changes the job an year after that?

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