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  • yogi13
    07-19 09:26 AM
    As in my birth certificate my mother's last name was not mentioned , I have just obtained an affidavit from my parents(together) using one of the samples floating around. But I just found that there is spelling mistake in my father's first name in one sentence. But in other sentences, its correctly wriiten.

    Is it ok to send this with application?


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  • snarla
    06-25 01:49 PM
    Yes, By I-94 i meant the I-94 i recieved when i last entered the country(which is March 2007)

    It is mentioned on and even on this website that our latest I-94 determines the length of our stay.

    So my question is when we file for our I485, will we be in some kind of status called pending AOS or something like that?

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  • ItIsNotFunny
    11-12 02:29 PM
    Chandu, here I found the LINK (

    "When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."

    Redgreen, please read :)

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  • doknek
    06-20 11:41 AM
    as usual no email from GA chapter.

    Same here. GA chapter google groups member


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  • vactorboy29
    03-03 03:56 PM
    At what stage will my current job description be matched to the Job description in my Labor or I-140?

    My I-140 is approved foralmost a year now and I had enquired with USCIS a few month ago and they told me my Name check has also been cleared and my case is just waiting I-485 adjudication when visa numebrs are available. I thought when my Priority date becomes current, I will get my GC seamlessly unless there is an RFE.

    Also, is there any documentation that states 50% job description match? This is the first time i'm hearing this criteria. I do understand that if I work as Mechanical engineer, I should not chnage my job to a Software engineer...but will getting a Mechanical Engineering job in a totally different industry be a problem?

    Thanks again for your time.

    Once you invoke AC21 .You may get rfe where your new employment detail will be verify by adjudicator assigned to your case against Perm application. This is very subjective matter depends and how uscis handle your case. I think 50 % matching requirement is not written any where, it is just common practice .No one can expect us to match 100 % job requirement with old labor petition.
    Mostly watch for your EB2 requirement with your job description. Here is the DOL web site link which talks about job description comes under that code.

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  • johnamit
    04-03 09:24 AM
    HV000 thanks a lot for the information.


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  • sixburgh
    08-04 07:17 AM
    I thought that I will share my recent experience.

    I arrived in USA in 2003 on a L1 visa.
    It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
    Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
    I changed my employer later using H1 transfer and they kept renewing my H1 petition.
    My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
    Since then I have been working with the same employer on EAD.
    After a long time I wanted to visit India, so applied and got my AP.
    Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
    This is because EAD is taking too long for renewal.
    I went to India, visited Mumbai Consulate, they did not ask me a single document.
    They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
    No other questions asked.
    I got my h1 stamp in 2-3 days.
    Planning to reenter USA on that stamp.
    Once I return my company will switch me from EAD to H1.
    Hopefully EAD will arrive after that.
    I will just keep that handy.
    If I move to another employer, I will have a choice, use H1 or EAD.
    I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
    I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
    Wife will continue to work on EAD.
    H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
    Plus I don't have to pay the crazy AP fees each time.
    Please do comment if you find this information useful or any issues in my plans stated above.
    I will update this post when I arrive back in USA.

    Update : 8/12/2010
    I entered USA on H1 through IAD airport with ZERO questions asked.

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  • kumar4875
    06-20 08:09 AM
    I am in 9th year extension with priority date 09/2002.

    My I-140 denied on 06/18/08n and immediately I485 also denied.:mad:

    I have Visa vailid till Jan09.

    1.If I change employer and able to get labor cleared before jan09 , can I apply for I140 PP and get H1B exension.

    2.Is the Priority date transferrable if I change the employer?


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  • tinuverma
    02-08 06:52 AM
    Hello guys,

    My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
    1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
    2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
    2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
    3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
    4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?

    Others, please feel free to add to the list of questions.

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  • gsc999
    03-03 07:19 PM
    is it even legal for you to pay for G.C.

    by law i think your company should pay for all G.C. related expenses..

    correct me if i am wrong
    Threads like these may be used by anti-immigrants to highlight fraud in H1B visas. Employer pays H1B and green card costs, Period.


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  • dewdrop
    07-19 03:31 PM
    Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!

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  • watzgc
    04-22 06:04 PM
    Applied for H1 extension at Vermont (Premium Processing).
    working for the same client for more than 3 years.

    Submitted paystubs, timesheets, w2 etc for RFE..

    But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.

    Now filing for a motion....


    Have you submiited client letter while replying to RFE?


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  • swamy
    12-09 12:26 PM
    please participate in the fund raising thread if you haven't already-thx

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  • desi3933
    03-02 03:24 PM
    Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).

    Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
    Check this link
    NAFTA • U.S. Consular Services in Canada (

    Not a legal advice.
    US citizen of Indian origin


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  • nixstor
    02-08 08:31 PM
    The cynic in me believes that everyone thinks it is just a matter of time before it becomes current or there is significant movements in dates. This is dead wrong.

    Very true. I was talking with a guy last week end and he is very much elder to me. During our conversation he told me that he is waiting for his PD to become current and my minds were blown away when he said "Presidential elections are coming up and people will get GC's" . He summed it up as Politicians doing favors during election period (like in India). O M G!

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  • javadeveloper
    03-18 11:17 AM
    Thanks all for your responses.As per my attorney I am still in status because of pending AOS.Thanks again


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  • conchshell
    08-13 05:14 PM
    hopefulgc, count me in. I am EB2 India with PD Oct 2004. But as I have mentioned before lots of my friends and family members are in EB3. You have my unconditional support.

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  • Dj-Studios
    05-21 06:14 PM
    Sure. I don't mind getting owned again.:P

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  • nk2006
    10-07 02:51 PM
    Hi Friends,

    I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.

    When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..

    Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.

    1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
    2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
    3. EAD approved
    4. Travel documents approved
    5. I am on H1 6th year extension.
    6. Transition employee.

    my question is

    1 Can my green card status remains the same and continue the process with the new "y" company ?

    2.Do "y" company has to start processing labour/140 again ??

    3.Is it doable that moving everything from "x" to "y" including GC processings ??

    Thanks in advance...Kindly help me out in this situation like how to proceed from here

    With sincere regards...


    Can undrstand your anxiety and hope things will workout for you.
    But your details are sketchy...what do you mean by all the projects from your current company are being moved to another company: is the new company Y is buying your current company X. Then you might be OK. I remember reading somewhere that - in case of a merger your application for I140/I485 will not be disturbed if the new company takes over all the assets/debts of the old company. Search in these forums on company merger (more on other popular forums) and you will get more info. Understand the agreement between the two companies (your current X and new Y) - if its a straight forward acquisition (taking over assets and also debts and all previous agreed upon contacts) then you will be fine - I know because I have been thru an acquision during a pending I140.

    01-10 05:25 PM
    If the other guy worked for the company atleast 180 days, then your employer cannot prove that he had no intention to work for the company. If the guy worked for only a short time or didn't work at all for the company, then the company can win the case.

    The greencard of the other person will be rescinded. You can then use his labor.

    We dont know all the details of the case. If the person who got 485 approved worked for more than 180 days for the sponsering employer.

    09-20 10:50 PM
    I think the spirit of those who have got their Green Cards and still come can be summed up as "Fight for what is right first. Fight for our rights second."

    I think those who are having a fight inside the camp do not have that spirit. That is why they can not agree on things.

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