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  • amitk81
    05-01 08:18 PM
    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.


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  • manand24
    07-27 02:55 PM
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

    If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.

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  • shadowbuddy
    03-16 09:35 PM
    My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.


    Thanks Prasad.

    We are sending everything back certified mail tomorrow AM. Our big problem is that announcement regarding April's retrogression. We are REALLY hoping USCIS honors our original filing date of Nov. 08. Our PD was current right up until this month.

    fingers crossed!

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  • Yeldarb
    10-28 11:02 PM
    dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"

    Then it wouldn't be a business and hence would be a "group" of freelancers :P

    I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?


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  • GC4ALL
    09-24 05:15 PM
    Hi Gurus,
    I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.

    I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.

    Are there any catches in this rule.
    Please advise me.

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  • ram_nara303
    05-12 03:09 PM
    I travelled through FRA last year to be precise. Never had a H1-B1 stamping on my passport. Used my AP. Sent email to german consulate prior to travel to check for transit visa. They responded that there is no need to have transit visa unless you are going out of the airport to visit(Schengen visa). So you should be good to go on AP.


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  • solaris27
    10-03 09:16 AM
    anyone is ok

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  • gbadrain
    08-11 01:23 AM
    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.

    Thanks for this info.
    Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
    With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
    BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
    My background check is okay.
    The problem is with the Employer!!


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  • akhilmahajan
    09-14 03:16 PM
    Hi All,

    I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

    Yes, i got an LUD and mine was approved on 20th August. Mine reached TSC on March 8th.

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  • GSB
    08-21 08:48 AM
    PD Dec 05.


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  • needhelp!
    11-12 06:06 PM
    You were already added on Friday! We need one more.
    But.. You'll get your Tshirt at the meet on Dec 8th

    I change my membership from GA to TX. Where is my T-shirt?

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  • India_USA
    09-20 09:24 AM

    send your questions to the above thread


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  • theshiningsun
    09-28 11:19 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.

    it did not work for me.

    i filed an foia request and got I-140 petition with approval on it but not approval notice. so i filed 2nd foia request asking specifically for I-797 of I-140. but i got a letter saying that the file does not hv an approval notice, so they sent me the I-140 petition once again.

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  • ItIsNotFunny
    04-04 09:27 AM
    Didn't work for me. May be down !


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  • ryan
    05-13 08:59 AM
    Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..

    Admins -- I'd like to know as well please. I signed up for recurring contributions, send through a few emails to the admins. No response yet. Appreciate the access. Thanks

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  • mbartosik
    03-11 09:42 PM
    Here are a bunch of links showing abuse of some of us H1Bs.

    In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.


    Sounds to me like a case of criminal fraud by Tata.


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  • chanduv23
    07-05 10:20 PM
    Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore

    They seem to be a bunch of chaotic confused folks and don't know what they want.

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  • whoever
    09-29 03:42 PM
    Anyone have a clue?

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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.

    02-06 11:34 AM
    well... I am definitely not scared. Just wondering if anyone else is in the same situation, or has any useful advice ;)

    If you were trying to be funny there, seriously, I didn't get it.

    pal :)

    12-21 05:16 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this


    My understanding is since nowadays to get an appointment we are required to fill online form (I guess it's called DS-160) which takes a lot of information about the applicant, the likelihood of PIMS delay etc. will be very less.
    Good Luck with your VISA interview. Wear formals and be confident.:)