Saturday, June 11, 2011

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  • kaisersose
    09-17 12:17 PM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

    I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.

    A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.

    The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.

    There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)

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  • zoooom
    07-17 06:01 PM

    I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
    Agreed...Guys lets contribute for a great cause.

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  • GCwaitforever
    11-16 02:46 PM
    This is my personal opinion. F-1 is strictly non-immigrant VISA. Hence your wife will be out of status once I-485 is filed. So she must convert to dual intent VISA H4 till she gets EAD. Check with an attorney or USCIS if your wife's status is governed by the special protection accorded by US attorney general while she is waiting for EAD. Then it would not be an issue.

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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!


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  • walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.

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  • willwin
    03-22 05:05 PM
    This PWD has easily become another "major" process in the very long, frustrating GC journey.


    Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.


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  • sidd_k2002
    02-10 05:10 PM
    Hello All,
    I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
    Now i want to call my parents on a Vistors B category visa for my graduation.
    I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.

    1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
    2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
    3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
    4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?

    Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
    Thanks in advance

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  • pmpforgc
    10-20 08:26 PM
    [QUOTE=bluekayal]Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140![/QUOT

    Hi Bluekayal

    Congrates on your approval.

    Can you email me or post here some details about how to check about FBI name check. what is phone no and prompts and what information they ask before they give any info?

    I am rethinking to try for preimu again? whats your suggestion in my case?

    to ort job do we need 6 months after I-140 approval ? or we just need 6 month after filing of I-485 and approved I-140?

    Congrates again. I am really happy for you as you had cleared atleast one major milestone in this unending journey


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  • dvb123
    02-10 05:02 PM
    The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

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  • raoece
    04-05 04:10 PM
    Yes PWD has really became anothe begining process of the GC jurney.

    PWD applied 18-Mar-2010 Approved ??-???-????
    PERM applied ??-???-????


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  • transpass
    01-30 10:34 AM
    rajiv gupta - ceo of rohm and haas
    ramani ayer - ceo of hartford financial
    deepak jain- dean of kellogg school
    late s chandrasekharan - nobel laureate from u chicago
    shantanu narayen - ceo of adobe systems

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  • GC20??
    08-20 09:51 AM
    My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.

    Had any one been in same situation or had seen this before with some one else?
    Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.

    Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?

    "Post Decision Activity

    On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."


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  • Kevin Sadler
    October 23rd, 2005, 02:57 AM
    if i'm around, sure. i was just up there today near petaluma.

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  • joydiptac
    08-17 06:09 PM
    Thanks for your reply..
    Can anyone else share there views....
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.


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  • vallabhu
    06-15 09:10 AM
    contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.

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  • myimmiv
    02-26 10:09 AM
    Any thoughts ?


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  • ebizash
    10-05 02:50 PM
    Great!! It is very good for IV's and our future!

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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.

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  • vegasbaby
    06-29 03:29 PM
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    There are tons of such sites/companies that will issue a travel insurance & will issue a letter with all the wordings mentioned by the consulate. You are possibly looking at abt $50-60 bucks depending on your coverage (lowest specified by consulate ) & length of stay (15 days)

    You can ask Humana to issue you a letter stating to coverage amount that you will be covered while on your visit to Sweden. When I was traveling to Italy, my insurance company did issue me such a letter & I didn't have to buy anything.

    05-01 10:49 AM
    I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?


    1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

    2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.

    04-07 06:40 PM
    What if VISA is not given .. can you come back?

    Not if your previous visa stamp on passport has expired.

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