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Saturday, July 30, 2011

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  • chanduv23
    09-30 10:33 PM
    Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.

    The intensity of denials is on rise now and also intensity of 140 withdrawals from ex employers is on rise.

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  • Anil_s
    03-03 07:21 PM

    Thank you for the information so if I am leaving country then will it be a problem?


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  • nonimmi
    08-30 12:37 PM
    Who will be responsible for psychological torcher with less then 50% pay.
    Socially isolated coz of not driving.
    How one can see the big time loss of applicant.
    3 years easily one can wait can say but why for more then 6 yers.
    Who are talking time management that didn't applies here.
    Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.

    This shows the effect of retrogression!!

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  • Sreeshankar
    06-28 12:51 PM
    The Department of State has published a pamphlet educating nonimmigrant visa holders on their rights. The pamphlet covers the visa process, important documents, workplace and employee rights, human trafficking, and how to file a complaint. This is a very useful document, not just for immigrants. See here (http://www.travel.state.gov/pdf/Pamphlet-Order.pdf) to download.
    Thank you for your kind thoughtfulness to post it even on a Sunday!!
    Very informative post.


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  • arkrish68
    10-02 12:28 PM
    it took 45 days for the cheques to be encashed for the EAD application when I sent it to the Lockbox facility. I beleive they receive the mails in one location and forward it to the appropriate center.

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  • chanduv23
    10-05 06:12 AM
    My Inlaws went for their Visitors visa stamping at Chennai today - interview was smooth - it was in Telugu and they had a very nice translator - the VO was also very friendly. They got their visa without any questions.


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  • dhiruseh
    07-31 08:57 AM
    Please remember here that earlier employer could use ur I140 for other employees but that rule was also changed in 2008. I140 once approved, you keep I140.

    Revoking I140 is not good for employee as it is his application to USCIS in this process and will put him in problem for other employees sponsorship.

    Chances are remote.

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  • a_yaja
    05-26 09:50 AM

    My father (over 60 years) is coming to the States in June 15, and his B1 visa expires on June 24. However, my father is planning to stay until August 20.

    My question is:
    Will he be able to stay after his visa expiration date?
    In other words, when will his I-94 expire?


    Once your father enters the US, the expiry of the visa does not matter. Your father will be able to stay in the US till the expiry of the I-94.

    The expiry of the I-94 will be determined by the officer at the port of entry. Usually, for parents, it is granted for 6 months, but there is no hard and fast rule and it totally depends on the officer who is stamping the I-94. However, I think for B-1, the max. duration is usually six months (again - not 100% sure about this - it could be longer too).


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  • TomPlate
    12-02 09:04 PM
    There should not be any issues changing the employer after 180 days. This would include proper way of resigning the company so that they don't do anything which will affect your green card.

    There are lot of response on this and you should check those.

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  • sunny1000
    11-01 11:49 AM

    I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....

    I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?

    Have anyone done that before? May you share your experience whether it's successful or not?

    As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.

    Good luck!


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  • dskhabra
    12-01 11:13 AM
    One of my friends travelled in the same situations. No questions asked at port of entry(Chicago). He was little worried like you and was short of time to get the visa stamped but it went fine.

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  • Sincerely_aj
    03-31 09:00 AM
    So it looks like I have 2 independent questions:

    1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?

    2. Can one port their EB3 case to EB2 with a new employer?

    After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.

    What is still not clear is questions one.

    Any help please?
    Thank you


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  • immiusa
    06-14 12:51 PM
    My understanding is that you can transfer existing H1B. I am not a lawyer.If you have a copy of your H1B approval notice, you should be able to transfer to your new company. However, if you may have to visit US consulate back in your home country for Visa. You may want to double check with immigration gurus.

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  • vinicola76
    05-21 01:43 PM
    according to latest may 15th update, 140 processing dates have not moved at all ...Is there anything we can do at all to push for premium processing or is it a lost cause??


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  • abhicyber
    10-23 12:20 AM

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  • ss12345
    05-06 01:45 PM
    Thanks for doing this service which helps many ppl's lives.

    My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
    1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
    2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?


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  • fromnaija
    08-22 03:19 PM
    I am on H1-B, and about to apply for I140.
    My wife has recently got a F1 visa (and her H4 visa has been left valid).
    I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

    Thanks in advance,


    Your wife's H4 is no longer valid since she switched to F1. You cannot hold non-immigrant status in two different classification at the same time. However, I think it is okay and even expedient that you mention her in your I-140.

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  • fasterthanlight�
    05-09 03:34 PM
    The leaf should be bigger, and in the center!

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  • Numbsong
    05-08 11:54 AM
    Thanks Kirupa!

    Tommy: Well, I�m sorry you didn�t like it. But it�s supposed to be more of an abstract work anyway...

    Thanks everyone for the feedback though! :thumb:

    08-20 10:10 AM

    search for threads before starting a new one

    03-24 11:10 AM
    No reply yet!!!!

    Sent you a Private Message.

    I am also from around Boston and used AC21 - but using a lawyer based in Virginia. If you need contact details - let me know I can send.