Monday, June 27, 2011

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  • desixp
    10-24 04:28 PM
    Hi All,

    I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?



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  • ramus
    06-25 03:53 PM
    This is just rumour..

    Please contribute to IV with fund drive. CIR is coming back this week and we need money.

    Thanks a lot.

    I just wanted to confirm whether this is really rumour...

    admin, pl delete this thread if this is not appropriate.


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  • Maverick1
    11-08 12:30 PM
    IV Core...
    Any update on this bill introduced yesterday in the Senate..
    Is there anything for us in this buried somewhere...??

    I saw about it on CNN yesterday. A bipartisan bill is being proposed in the house (Some thing like 41 DEMS and 47 REPs) are sponsoring and they expect the number to reach 100 in a day or two.

    Looks like the focus of this bill is just securing the borders and has potential to pass. It appears it is a great opportunity (If possible) to add some recapture provisions to this. Is IV working on it ? It is alright if it is being discussed in State Chapters and can't be disclosed here, please say so.

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  • IN2US
    07-27 02:20 PM
    The new fee structure goes into effect Aug 17.
    I vaguely remember reading an anecdote that there is no need to pay yearly renewal fees in the new fee structure. (Am I right?) Please share your views.

    --- Not true, you have to renew your EAD/AP every year.

    Are there any advantages to filing per new fees?

    --- Oh yeah, you will be listed in 2007 Forbes List of "THE RICH" if you are able to afford the new fees structure :) and also ................that is it .

    take it easy :)


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  • roseball
    07-27 06:23 PM
    It was a nightmare for few weeks but, long story short...I got my new passport after the Embassy cannot find my original I sent for renewal. Please let me know if I need to get it stamped within any timeframe. My current I-797 expires MAY 2010. I have an approved 140 and EAD but my attourney suggested to stay on H1B.

    Appreciate your feedback and help in this matter.

    Thank you for your time and consideration.

    You dont need a visa stamp on your new passport unless you want to use it to re-enter US when you travel. There is no time line associated with getting a visa stamp. You just need to make sure you keep extending your H1 status and get an I-94 with the extension approval. If you have an AP you can use it for re-entering and still can continue working on H1 for the same employer. Else, when you travel the next time, you can setup a visa appointment and get H1 stamped on your new passport.

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  • San_Chez
    03-24 04:45 PM
    muni k,

    i am in a similar situation. i consulted a lawyer who said that even 1 day spent out the country can & must be taken in to account (for the 365 day eligibility). as long as your PERM LC was filed, you should not have a problem.

    good luck!


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    09-30 06:58 AM

    I Have Some Problems In I-140. Mine Is 3yrs Bach+1yr Diploma Degree, Professional Job As Analyst, Eb3 Category. I Am From From Maryland So Vsc Is Center. My Lawyer Called Me That File Is Ready To Go But Vsc, Tsc And Csc Are Not Excepting Any I-140 Now, They Has To Be File At Nsc. But Nsc Is Very Strict And They Are Denying For 3yrsbach Degree In Professional Job. So I Don't Know What To Do? Any Ideas? Any One Like Mine Case? Please Let Me Know.

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  • raysaikat
    12-21 01:57 PM
    Sorry if I am posting this in the wrong place, wasn't exactly sure where to post.

    I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
    I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
    When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen

    My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?

    Thank You

    You do not need any agency's permission to leave US. Just submit the I-94 form if you have one.


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  • transpass
    09-28 01:09 PM
    somewhere in the forum someone was mentioning that PD are no more considered after 485 is filed since u file 485 based on PDs...

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  • NH123
    07-24 03:46 PM
    Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i open a bank account in USA and start doing transactions on that account ?Thanks in advance


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  • Blog Feeds
    10-15 06:30 PM
    Foreign nationals who have stayed in the United States after the expiration of their period of authorized stay or are present in the United States without being admitted or paroled are unlawfully present in the U.S.

    If more than 180 days but less than a year of unlawful presence accrues, then the foreign national is inadmissible for three years (three year bar). Foreign nationals who are unlawfully present for one year or more are inadmissible for 10 years (10 year bar). If a foreign national has accrued unlawful presence in the United States, then they are deemed inadmissible and illegible to re-enter the U.S. for either the three year or 10 year bar from the date they leave the U.S.

    There is a waiver available for the unlawful presence ground of inadmissibility. Essentially the waiver will waive the three and 10 year bar of inadmissibility. The waiver is only available to foreign nationals with a U.S. citizen or lawful permanent resident (LPR) spouse or parent. Children are not deemed qualifying relatives for the waiver. The first step in the waiver process is for the foreign national to attend an immigrant visa consular interview in their home country. Once the consular officer deems the foreign national is inadmissible and a waiver is available, the foreign national will then file the waiver (form I-601, with the applicable filing fee) and establish there is extreme hardship to the U.S. citizen or LPR spouse or parent if the foreign national were not allowed to return to the United States. The waiver request is discretionary and extreme hardship is only one factor the officer will consider.

    Certain individuals do not accrue unlawful presence and are not subject to the three or 10 year bar. For instance, foreign nationals under 18 years of age do not accrue unlawful presence.

    For more information on the waiver process, and extreme hardship, please call Kraft & Associates at 214-999-9999.

    More... (

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  • sbmallik
    11-12 09:11 AM
    I-140 belongs to the employer only, so it is up-to them to disclose the details. Unless you change employer without using AC21 clause, I-140 details won't be necessary.


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  • busybee2512
    06-14 12:01 PM
    I went to graduate school in the US, (majored in Architecture) and was on an F1 visa from the period 2006-2009.I graduated in Aug 2008 and applied for an H1 through a consultancy firm.The petition for an H1 visa was approved, but I decided to return back home anyway and came home in 2009.

    2 weeks ago, I visited the States for a week for a conference on a B1/B2 visa. I eventually want to return to the States and work there and therefore, need advice in this regard...

    Given that my petition for an H1 has been approved, will the company that offers me employment have to reapply for an H1 for me?Or can the H1 be transferred from the Consultant company(that got me the H1), to the new company easily?!

    Any help in this matter will be highly appreciated!

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  • beautifulMind
    11-02 08:58 PM
    the Company is given guidelines by the lawyer and USCIS and they need to follow those guildeline. I am not interfering. I just want to know if what they did would satisfy the requirements of the PERM recrutiment process. Not sure why you gave me a red dot for this. The AD was posted by HR and I work for a very big university. All i wanted to know if it satisfy PERM requirments...


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    06-21 11:03 PM
    Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.

    Here is the journey:

    Nov.2002 - RIR Labor filed in CA
    June 2006 - Labor approved from Phily BEC
    July 2006 - I-485 , I-140 filed at TSC
    Sept.2006 - I-140 approved
    Got stuck in namecheck ( name check may be still pending )
    May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
    June 4, 2008 - Responded to RFE
    June 16, 2008 - Green card approved
    Now, waiting for the actual card to arrive.

    Hey Congrats!!!!!!!!!!!!!!

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  • [Legoman]
    10-24 01:15 PM
    I think I know what you mean, however, I'm not sure how to do it in Swift alone.
    You could do the opposite of what you want (objects together at the beginning then splitting up) import the swf into flash, then select the 30 frames and choose the 'Reverse frames' option to get the desired effect.


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  • benbear
    10-03 08:18 PM

    At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.

    Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.

    Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.

    USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.

    A Biometrics notice will be issued even if a visa number is not available at the time.

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  • needhelp!
    04-12 02:06 PM
    Facebook Washington DC | Facebook (

    so far only about using facebook :p

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  • sundarpn
    03-10 10:56 PM

    I am working on H1-b visa. My green card stage: Priority date July '06, EB3, India. I-140 approved, I-485 filed Sept'07. I don�t intend to use EAD for employment now.

    I have a need to get my future spouse on H-4 visa. With EB3 India priority dates retrogressed, filing dependent I-485 for spouse is years away. (Unless rules change!)

    Question 1: IF I loose my H1-b status (job loss) and find a new job using my EAD, my spouse on H-4 goes out of status. So what all options do I have to keep her in a valid status?

    Question 2: Proactively, say my spouse (when on valid H-4 status) starts a Masters program (part-time) at a University, can she file for a H4 to F-1 change of status (COS) that very week or month I loose my job. Or are there any serious timing issues in this option?


    06-14 11:10 AM

    Please, respond with any advice/experience

    07-30 12:50 PM
    What happens when old I-140 is cancelled by prior sponsor. Should the beneficiary still be eligibile to port his/her priority date based on the old approved I-140 (which is now cancelled ) ?

    Still the PD is yours to keep. The only time I-140 will get invalidated even for PD porting is when USCIS found fraud in that filing.

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