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  • sethurama
    10-18 01:33 PM
    Hi rpatel,

    My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.

    How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.

    Please respond

    Thanks a lot

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  • roseball
    07-26 09:11 PM
    My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.

    Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?

    Appreciate your valauable advice.

    When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.

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  • snathan
    04-16 04:01 PM
    Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...

    More... (

    Thanks a lot Mr.Shusterman. We need more people like you to make our voice heard.

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  • gc_maine2
    07-12 09:32 AM
    Hello munna bhai,

    You have created two threads for same topic, if it is by error please close any one of the thread.



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  • sgupta33
    08-28 05:12 PM

    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.

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  • ganguteli
    02-13 02:11 PM

    Can we get any help from these guyes?

    They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.


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  • martinvisalaw
    07-30 01:13 PM
    What new regulations are you referring to?

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  • mikoo
    03-26 03:13 AM
    Anyone interested in meeting lawmakers in Houston area email me at Also , do mail your phone number so, that we can arrange this asap!


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  • snathan
    05-15 10:40 AM
    There are many people from Canada Commuting daily on H1. So it should be OK.

    Are they also getting new I-94 every time...:confused:

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  • leo_loco
    06-28 02:42 PM

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?


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  • dog123
    01-11 03:50 PM

    My Priority date is May 02 2007.

    I file 485 and 140 in August.

    My Grandfather is a US citizen. He filed immigration petition for my Dad in 1996 and I was part of it. Before priority date become current I was age out.

    Can I port my Earlier(Family Base) PD to new application(Employment Base) ?

    Thank you,

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  • anilsal
    01-29 01:04 PM
    Thank you for the response.
    The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
    With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.

    USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.


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  • belmontboy
    02-10 11:22 AM
    some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
    saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)

    I am not a lawyer. do not take this as a legal advice.

    generally all retaliations on whistleblowers are illegal.
    retaliation based on race, ethnicity are discriminative and can be sued!

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  • InTheMoment
    01-17 11:50 AM
    It has no effect on a future Citizenship application. Remember it is a payment against unemployment insurance which is paid by your previous employer/s.
    As such it is not a burden on the state.

    Does anyone know if claiming unemployment benefits after layoff have any possible impact on a future citizenship application?


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  • kuyt
    10-20 08:56 PM
    Can a felony conviction by a sponsor affect the person being sponsored? If they get deported will it result in any punitive action against the person being sponsored? Is there a time limit where a sponsor can't affect the person being sponsored by committing a crime?

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  • deecha
    08-18 02:23 PM
    I was not so so keen until this matter was resolved..BUT my GC got approved.
    I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
    Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
    If I divorce and re-marry how do I get my new wife here.
    In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
    Thanks for ur help

    It's not my intention to encourage marital discord. Having said that there are a couple options for you:

    (a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.

    (b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.

    I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.


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  • reddy2cool
    09-12 12:58 PM
    bump..guys plz do reply

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  • rp0lol
    07-24 04:24 PM
    It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.

    I don't think it is illegal to stay beyond your I-94 expiration date, if you already file for an extention or change of status.

    Generally lawyers advise not to travel, when h1 or h4 application is pending. as your H-4 approval will come with another (new) I-94 attached to it.

    So best thing check with your spouse's lawyer.

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  • keiryu
    10-05 05:43 PM
    Go to your nearest USCIS office with a copy of your application and a letter proving your emergency (if not in english, have a law office translate it). they should be able to produce an AP at the spot. My in laws just got their AP last week.

    04-06 01:51 PM
    My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.

    Anyone in same boat??:eek:

    You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
    Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.

    02-28 11:37 PM
    You DO NEED an LCA with a new job location.
    It is a fast online process. I seriously recommend that you do it.

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