Wednesday, October 24, 2012

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08-11 10:44 PM
It would be great if any one's I485 got approved while their Name Check is Pending?

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07-24 11:18 PM
Thank you for the clarification!

Also, is it possible to cancel / withdraw my H1-B with company X, so that I can continue to work with my OPT with company Y. (Checking this option as I am not sure if company Y will be willing to sponsor for my H1-B).


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09-24 11:46 AM
My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
Pappu - if you were a politician and were taking some actions to benefit future voters in anticipation of creating a vote bank for coming years - would do something for those future voters who when they become eligible use their rational judgement to vote (and hence could vote either way based on issues relevant at that time) or would you rather do something for a group that will vote as a "block" - and therein lies the rationale

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04-19 01:49 PM
Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

This is the response to a MAIL that I had sent to the MUMBAI consulate!!

************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)

"Returning workers can apply in any of the four U.S. consulates in India."

It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

Application fees in this case will NOT be refunded.

Best regards,

Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai

************************************************** ********


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02-18 11:32 PM
I have no AP. Well I have both H4 extension approval & H1 approval extension at this point. I will check with the attorney and post what she says. Thanks for all the replies.

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08-24 05:56 PM
Instead of posting questions here, PLEASE send it to the email ( with proper format (as mentioned by IV member "sertasheep" in starting of this thread like name, city/state, question....) so that it will be easier for IV team to compile your questions. Just an idea....


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04-28 03:39 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.

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09-21 04:50 PM
Look at this document. This should answer lot of questions regarding AC21,0520-ac21.pdf



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02-08 05:13 AM
Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....

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02-24 01:06 PM

I am on L1A managerial category currently in USA for my 5th year with company A. I know if company A files my GC I can apply under EB1 category.

But, if a future employer B files my GC can they file it under EB1? Additional info - The future employer is a big MNC and has offices in USA. I am a graduate in engineering with about 10 years of experience. The future employer B is not linked in any way to A.

If B cannot file under EB1 what category can they file my GC in? And when would I be able to start working for B?

Thanks in advance.


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12-05 11:41 AM
While I have never worked on OS level, my company attorney has made a mistake. God knows why, but it is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software :mad:

I found this link.

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06-23 03:12 AM

I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

Any help in this regard with be greatly appreciated.

Thank you


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07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.

It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?

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06-06 05:19 PM
We are interested in knowing the source of this rule!
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.

To be honest, I have no idea. That's what my attorney told me. I hope she's right then.


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June 14th, 2005, 07:51 AM
Forgive my ignorance, but would you be able to use the extension tubes mentioned above with a third party lens like the Sigma Gary mentioned? Obviously the Sigma lens would have to be a Nikon mount since the tubes mentioned above are Nikon, but assuming the mounts were the same would that work?


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09-25 03:22 PM
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?

>> Will USCIS expect I-94 which is not older than 6 months or something like that?
No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.

*** Not a legal advise ***

Proud Indian-American and Legal Immigrant


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07-12 06:14 PM
that the new 140 gets approved(for which i have no doubt) with old priority date.
then go ahead for 485.
the only point here is to play SAFE, and try to be on H1 until the new 140 is approved

Will this be same if you are with same employer??

I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??

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01-14 12:38 AM
Thanks :)

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03-15 11:17 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?

Now that we are feeling the pinch, we want to close this door for the other folks?

Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??

Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.

12-19 10:29 AM
Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?

If we are persistent, maybe he will want to get the bill cleared successfully.

11-06 08:38 AM
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?