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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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  • BharatPremi
    12-09 02:33 PM
    and 2 years exp. listed. Why does EB2 require 5 years?. The Job description that was included during my LC had masters plus 2 years exp DOL audits have increased for small companies for sure

    It was my bad, yes you are right..(Master + 2 or Bachelor + 5), And as wandmaker suggested nowadays "coma or full stop" is also audited in strict manner.

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  • lostinbeta
    01-03 12:58 AM
    Yep, Soul beat me with a baseball bat.

    Sould is declared the winner of this battle:

    Not quiet sure how to close a poll, so in case I don't figure it out the score is...

    Soul: 30
    Lostinbeta: 2

    well that wasn't hard at all... poll closed

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  • ram_nara303
    09-11 03:19 PM
    Gave a green for the detailed process of a bill becoming a law.


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  • mbartosik
    02-10 06:29 PM
    If someone has EB2 application, and EB2 is unavailable, but their EB2 PD is current with respect to EB3 visa bulletin date, will USCIS allow an EB2 to take an EB3 slot?

    If not I wonder whether you can "down grade" by interfiling a new I140.

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  • mirchiseth
    06-06 10:49 AM
    The con's mostly depend on whether you have already exhausted your 6 years of permitted H1B.

    From my understanding if one has approved I-140 and I485 pending > 180 days, 6 year limit on H1b doesn't hold. At my present employer I am on h1b and this is my 9th year. I am quite sure a lot of folks on the forums are in the same situation.

    Does anyone think it would be problematic to transfer H1,

    if the person is in the > 6 year of stay on H1B
    has approved I-140 and
    I495 pending > 485 days


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  • ashres11
    07-30 03:54 PM
    My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.


    Current Status: Response to request for evidence received, and case processing has resumed.

    On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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  • beppenyc
    05-27 08:18 AM
    is that this bill will easily pass also the House. The problem is that the Speaker and the house leader has some agreement that the only bill that goes to the floor must have the majority of the republicans votes. That is the reality. I am positive that if nothing happen this year, it will happen next year if the house will go under the Dems.
    The reality is that a little group of republicans (not even conservator, Mc Cain and Flakle are conservator and you see their opinion) are agianst any type of immigration.

    on 630 KHOW (Capliss & Silverman).

    Congressman Udall spoke at length how the conference committee is formed, how it operates and how decisions are reached.

    One thing he said is particularly noteworthy. He said, he reads his fellow congressmen and the mood of the House, and at this moment there are 300 congressmen (out of a total of 525) willing to vote in favor of the senate version of the comprehensive immigration bill as it is.

    As I said in my posts elsewhere in IV, let's keep our eyes and ears open for the opnions of representatives and follow up on that.


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  • WeShallOvercome
    07-19 01:27 PM
    My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
    They did not even let me file my EAD and AP along with I-485.

    I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.

    I'm sure there would be many in this situation.

    Any thoughts what can be done?

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  • mhtanim
    05-14 07:44 PM
    Just a quick update

    Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.

    So the mailing address to Mesquite, TX turned out to be the correct location for me to file...

    So it took less than a week for them to receive the package and cash your checks! I sent out mine to NSC today. Lets see how long it takes.


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  • perm2gc
    10-04 04:58 PM
    Hello gg_ny,
    It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
    Is this still that major problem, as earlier explained by you?
    you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
    Dont waste time on boards...

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  • rc0878
    09-19 08:51 AM
    Raju, true indeed.....

    I have noticed for several cases in here, where all the 3 applications are sent to the california service center....and CSC processes the EAD and AP and forwards the 485 app. back to NSC / TSC for further processing. The positive thing is that CSC is quick in processing AP/EAD....thus in a way this situation can prove to be lucky for all those whose applications are forwarded from NSC to CSC.

    I believe USCIS is trying to comlete the receipting job from all the Service centres.

    so you wont be sruprised if folks started reporting their receipt numbers start with EAC (for Vermont).

    Let USCIS do their job of receipting everyone who filed in July-Aug 2007.

    Ultimately processing will be done at USCIS NSC and TSC for I-140 and I-485 due to their bi-specialization program.

    So no worry be happy...Support IV


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  • sreedhar23
    10-17 03:35 PM
    Application vs. Use of EAD or Advance Parole:
    Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.

    I didn't know if we use AP we loose H1, any comments Seniors?

    To my knowledge once you use AP or EAD we loose our H1B.

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  • augustus
    10-03 11:22 AM
    Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!

    Am I stuck in Name check already?? How do you know this?????

    I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?



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    03-31 12:06 PM

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  • peacocklover
    01-19 02:20 PM
    I'm not doing any favor to any body and I'm just protecting my life and my friends life. Why would any H1 guy take that risk even if his Green card application is pending and even when he is discriminated purposefully based on his country of origin in POE also in USCIS? These two issues are interconnected to each other such as buying a house for living long term in US and his application is pending due to failed immigration policies even though his employer is interested to have his services at higher priority. When few rude CBP officers don't let him to enter in to US even if he has valid VISA to work in US and even if his company needs his valuable services to the slowly rising US economy, what's the point in buying a home even though selling can be done through some Power of attorney at loss in future from home country (it becomes biggest blunder of my life if I do that) ?? You would realize when it becomes your turn at the POE. 1% will become 10% in no time if you don't react.

    It sounds like your argument is like my granny's old saying 'Cat(who is considered as thief in that neighborhood) jumps in to somebody's kitchen, drinks milk by closing her eyes and she feels that nobody is watching her'. I can't make that risk by buying a house in this limbo situation though I have an interest to live in US to realize my American dream since my childhood.

    Yes Sir, very true: "People do not buy house to sell it". I am not suggesting that you buy a house and sell it, I am suggesting that in case you plan on buying the house .. don't get intimidated by the bad immigration experience of few folks. My point is that in worst case scenario, if you have to go back to India (which is less than 1% chance), there are ways to deal with house situation.


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  • wandmaker
    03-20 12:52 PM
    If we are not doing enough to help our cause, what right to we have to blame others for not helping us?

    Wake up IVans! Contribute money, time or both to IV - We will have to help ourself than blaming others.

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  • jliechty
    June 12th, 2004, 10:32 PM
    saw this one too..
    Fugi S2 PRO..
    what you think of this one ???? also ...
    Fuji S2 Pro review by Thom Hogan ( (but he has a slight bias to Nikon ;))

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  • hopefulgc
    02-11 03:08 PM
    i think DOS is just about to copy paste this post as the new visa bulletin.... How wild would that be!


    Eb1 - C
    Eb2 - Dec2006
    EB3 - Jan2003


    EB1 -C
    EB2 - Jun2006
    EB3 - Dec2005


    EB1 - C
    EB2 - C
    EB3 - Jan2007

    EB4 , EB5 - C for all

    11-29 11:12 PM
    While it is possible to claim parents on B2 Visa as dependent, after they pass presence test, they have to include their world-wide income in the tax return.

    IRS don't have time to chase, if world-wide income of parents are not reported. For that matter, many people get away without their own world-wide income. It may be risky, there was news in Indian News Papers, that now IRS has started tracking investments done in India.

    But anyways, whatever I know, it is possible to claim parents on B2 Visa as dependent, after they pass presence test. They can get ITIN.

    Another example a professor visiting in USA, when gets cash award, to claim the award (s)he has to get ITIN and gets taxed at source, even stay is for days or weeks. If his/her country has tax treaty, (s) he can recover takes paid in USA.

    07-10 01:58 AM
    Anyone who had good knowledge of AC21 same/similar, please reply.
    My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.

    is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.

    is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.

    How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.

    Good Luck


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