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  • forever
    07-27 03:46 PM
    Can I interfile even if PD is unavailable?
    No. At the time of interfiling, the priority date should be current.

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  • paulkurni
    06-17 04:24 PM
    I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

    I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?

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  • vkmm
    08-07 02:58 PM
    You should be able to do your landing and H1 stamping with no problem.

    I have done the same last year. Process is very smooth and of course not dependent on each other.

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  • .soulty
    01-20 03:52 AM
    I really like this, nice work man.


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  • prabasiodia
    05-25 01:49 PM
    Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.

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  • calgirl
    09-16 01:24 PM
    NC initiates a litte after 485 is filed..
    Fingerprinting hs nothing to do with NC.

    MY FP was done in June 2008.
    485 filed July 2007.
    NC initiated Sept 2007.

    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?


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  • Dhundhun
    04-29 06:19 PM
    Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.

    Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..

    BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.

    Thanks Gbof. I remember of writing check correctly.

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  • bestia
    03-12 03:18 PM
    Both lawyers are right. To get the correct answers you have to be asking correct questions.

    If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.

    From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.

    The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.


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  • 485Mbe4001
    04-30 12:28 PM
    ... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:

    According to the WSJ Article today (4/30/07):
    Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress

    I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?

    I am really freaked out. Can someone please shed some light on this.

    (I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)

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  • Leo07
    06-26 09:28 AM
    ^^^^^^^^^^^^^^Just a bump^^^^^^^^^^^^^^^^^^^


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  • pappu
    08-21 08:26 AM
    "To speed up processing" seems like a standard reply for anyone whose case is transferred.
    Once it is transferred, you may get the status message that says- "it is following normal processing time"

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  • sanjay02
    04-17 01:48 AM
    Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.

    Also the insurance companies have different requirements which you need to confirm with them.


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  • grupak
    09-09 11:38 AM
    Numbersusa claims it is being voted tomorrow. They are making calls against it.

    Let us all call for it, and push the bill forward.

    Pick up the phone. Will take just 20 mins of your time.

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  • sagar_nyc
    03-07 03:42 PM
    I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.

    Again This is not a legal advice. Please consult to lawyer before leaving.

    Good Luck


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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(

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  • rajeshalex
    09-06 10:34 PM
    Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..



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  • peacocklover
    10-25 04:20 PM
    Situation: approved I-140 (EB-2), getting close to 5th year of H1B.

    1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
    2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
    3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?


    I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...

    1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.

    2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.

    3. Yes, You can.

    Please let me know if you have any concerns.

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  • amitjoey
    08-23 10:40 AM
    I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.

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  • Leo07
    09-30 12:49 PM
    There is lot of information in some of the old threads on this forum.

    I was looking for it when I had appointment in Nogales. I ended up canceling that appointment and went to Calgary,Canada Instead.

    08-11 01:21 PM
    Thanks for your prompt reply.

    My I-94 has already expired .So should I put that validity date??

    I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.

    Thanks again

    07-17 07:06 PM

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.