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Hi thanks a lot for the prompt reply. But I am curious to know the chances of getting my transfer petition approved from my current employer. I heard we should be in H1B status before apply for transfer and we should have minimum 3 paystubs from the employer who processed H1B.

So without having all these is there any chance to get my transfer petition approved?

The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.

I second that.

As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.

Good luck.

I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.

Since I am married now, will that cause my application to get rejected as I applied as Single.

I am not sure how would this be handled at USCIS end ?

Any idea ?

Should not have any impact - your spouse will receive a conditional GC if her GC comes within two years of your marriage. You shall (as a primary member) receive a 10 year GC. You will need to file for your wife again to remove the conditions after completing two years of your marriage. No big deal. Just chill and attend the rally. No one can tell you how long will it take it to get your actual GC though.

Hi All,

Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.

Anyone got any clues?

Thank You

Rajesh Alex

Another substitute case...

Any reason you went for substitute labor instead of your own?

I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

Thank you

Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.

There are several campaign threads opened. One is asking this other is asking that.
Folks, I know this is a difficult time for many of us, especially Eb3 folks, but please don't loose your cool. Writing just on the forum will not get you anything. Contact your chapter leaders try to organize by actual calling each others. Learn what intiatives are already underway.
In the past there had been several discussion on filing lawsuit , doing this , doing that etc but not a single one of them even moved beyond this forum. If you are interseted I can give you those examples.

Now, let me share with you a story:

Belling the Cat


Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he thought would meet the case.
"You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read campaign/ lawsuits against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."

Hi Friends and Administrators,

I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.

If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.

May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.

Thanks,

I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?

Yes, Travel via London needs:

EITHER Valid Visa stamping in Passport to Destination Country

OR Direct-Air-Transit UK Visa stamping in Passport

Advance Parole is really a valid Entry Permit - but, it has a class about the officer may still deny your admission. This class is a statement to send the candidate back if they do not want to allow due to some issues after the AP is issued, etc. So, some countries (like UK) do not allow to fly in AP without valid visa stamping.

FYI: My friend travelled via Germany and he returned back OK. Going to India via Germany is not an issue for Indian Citizens - but, Germany had the same rule as UK 2 Yrs back for returning to USA sector. Looks like, Germany allows transit travel using APs now-a-days. Not sure 100% about return to USA using AP , better to check.

Hey all,

I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?

If so which ones?

They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?


Plz help.

You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.

0. Keep docs ready for MTR and once you receive the response from INS you should able to reply immed.

Without denial notice, I am not sure what kind of documents are required for MTR response. This I-140 was denied even without any RFE. There is no clue to guess the reason for denial.

1. is it consulting company?
Yes
2. which center NSC/TSC?
TSC
3. when did you apply I140 ?
July 2nd 2007

.

I think , you can get 140 with EB2 and then file a ammendment to 485 ?

Hey carbon

You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....

What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....

Hope this helps....All the best

Hi there!
Do we need to submit the documents for H-4 Visa renewal (expired in the last 12months) before the actual appointment date?

Thanks

You can file for your childs GC with yours before he turns 21.

Thank you so much!

Dear Friends,

I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways

I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.

My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case

Your response would be highly appritated

Thanks
Farooq

yes, you can travel if you have passport.

What is so surprising about giving up citizenship of a country you don't live in?

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Thanks,
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Updated...
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent

Hi theshiningsun
I am interested in applying for the EB5 visa as well.
I need one advice from you though, which financial institution are you using to bring you funds over?
I would, please , like to have some refferals
Thank You
Regards
when

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