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  • abheja
    08-25 03:40 PM
    Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(

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  • optimist578
    01-02 11:11 AM
    What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?

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  • SunnySurya
    07-13 11:56 AM
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I am looking for is your take.

    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for no explicit reasons and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.


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  • pa_arora
    03-02 01:15 PM
    I have heard many ppl say that its okie to go back before the kid is 10 yrs...and with this statement heard many I would guess its before when the kid is in 5 grade.



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  • MerciesOfInjustices
    03-11 12:27 AM
    The devil is always in the details!

    What is proposed for the 315,000 individuals in backlog centers? What happens to the 271,000+ cases in Retrogression? And, their families? They will all get their Green Cards with their Labor Cert, I guess!

    While they are it, why does'nt the AFL-CIO also propose that the 2012 President of the USA HAS to be from amongst those who come from these numbers?

    Do not mock us with these unenforceable and fantasy-filled proposals for now. Such red herrings can skew the whole legitimate debate about relief for hard-working, legal employment-based seekers of Permanent residency!

    We would be all for it in principle - which EB-Visa seeker would deny a Green Card with the application itself! Something of this nature used to exist for doctors during the late Vietnam War years!

    But, it has as much as chance of seeing the light of the day as the rest of AFL-CIO efforts - Democratic control of Congress and a Democratic Presidency! Heck, AFL-CIO could not even get Dick Gephardt thru half the Dem primaries with a decent show!

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  • feedfront
    08-25 05:04 PM
    Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).

    All the best. Hope you become green and recyclable (job wise) soon :)


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  • smartboy75
    11-05 01:35 PM
    hey gcseeked2002...

    There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....

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  • nlssubbu
    12-09 03:01 PM
    There is no clear indication from USCIS regarding how long you have to stay to prove your intent. Some say even the very next day you can move on to a different company, some would like to be cautious and would like to wait for 6+ months before moving to another company.

    If the company is not willing to pay you when you are on 'bench' then get the information in writing for future and move on. If you do not want to raise a red flag during citizenship application, this will help you at that time.



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  • bijualex29
    03-24 12:18 PM
    That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
    I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.

    Can some one share there light on it please.

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  • swartzphotography
    June 25th, 2006, 06:58 PM
    i dont know about paying but i shure would take pics of the event lolShow of hands. How many would pay to see Fred streak pushing his baby buggy full of gear?


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  • needhelp!
    11-05 06:27 PM

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  • rheoretro
    08-18 01:20 PM
    The I-140 stage these days isn't very slow, but at one time in the not-too-distant past it was...


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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.

    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.

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  • inskrish
    11-18 05:37 PM

    TSC --- June 27, 2007
    NSC --- July 05, 2007



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  • Aah_GC
    07-08 10:20 PM
    Most Indian companies fall under the same category, it depends on what you want to achieve in your career. It might be a great idea to join a company like Satyam as a senior exec taking on offshoring strategy execution, but if you are looking for a consultant job on H1, the experience might be similar to Infy, Wipro et al. These companies try to exploit their popular brand image in India and talk in terms of offering competitive career path in the USA - but you gotta be smarter than that.

    Make sure you ask for - 1) A good deserving salary along with Cost of living benefits 2) Commitment (Written) on GC sponsorship 3) Relocation benefits (if they are going to move you every 6 months, they better pay all of what you incur) 4) The customer you are going to work for and your job responsibilities (for all you know they might get you in as Programmer then make you just coordinate stuff with offshore or "support" their applications onsite; both are big time career killers).

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  • wanaparthy
    03-24 10:30 PM


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  • uslegals
    11-11 09:14 AM
    Hello Friends,
    My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?

    If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.


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  • Madhuri
    11-07 04:59 PM
    Your exp. MUST be before you joined the petitioning company.
    Lawyer seems to care only about getting fees.

    I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?

    I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:

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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).

    10-22 10:30 AM
    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!


    I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?

    12-16 02:51 PM
    USCIS refuses to give this data to anybody. They are not willing to give any break up.

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