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  • sc3
    02-12 07:52 PM
    First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.

    Yes, but the OP said applied in Nov 2007, and re-entered in Dec 2007. What is the latest rule on going out of country while the application is being processed? Previously it would mean abandonment of the application.

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  • TomPlate
    03-07 10:41 AM

    Here are my details.

    1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
    2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
    3. became eligible for ac21 in jan 2008
    4. so far not yet used AP or ead

    the qn is -->

    1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
    2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
    3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
    4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.

    can you give ur opinion regd the above qns? thanks

    The important question you have is about marrying girl?
    Stay in h1b and get your spouse h4 after marriage.
    When you do not have h1b there is no way to bring her.

    I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.

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  • gcwanter
    04-12 11:56 AM

    i believe it was idlinggc

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  • godspeed
    03-08 12:30 PM
    A good way to start the week, glad NSC is coming out of its slumber

    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:

    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)


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  • forgerator
    03-04 04:58 PM
    Friend of mine, came to the US in 2004 to do MS in Computer Science, graduated in 2005, got a job at Microsoft, applied greencard EB2 and got greened in 2006.

    Life is so unfair. but anyway congratulations!

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  • milind70
    08-15 08:34 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.

    I dont think that is the case please refer to question 37 in FAQ 3.


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  • insbaby
    08-10 08:06 AM
    It needs action - not talk.
    Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3.

    Is it the employer's responsibility to consider in which Green Card Category the employee will fall in future before puts ad.?

    Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.

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  • tempy
    09-22 09:09 AM
    Thanks, yes our last names were different.
    I told the postman.
    Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.

    Does anyone know how long it would take for the USCIS to resend the card?

    I'm in a similar situation and I opened an SR today. Did you see any movement?



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  • rsdang
    08-22 12:11 PM
    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.

    You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.

    They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.

    NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.

    Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...

    Hope this helps

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  • akilhere
    09-02 10:11 AM
    I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.


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  • psgprasad
    02-22 10:32 AM
    I had the same problem last year.

    1. Attorney Aron Finkelstein in Sheila murthy office helped me out.
    This is what we did, We filed an MTR to consider my case in Eb3, with it we also attached a new application for Eb3 and specified in Mtr, to consider our new application if they fail to accept my MTR. My new application for Eb3 was approved.

    I cant help you on your EAd and stuff ,as I know your EAD becomes invalid immediately once your 485 is denied, which will be denied if your underlying 140 application is denied.

    I would suggest, you contact a attorney soon.

    My suggestions are my experience and stuff, I am not an attorney to give you legal advise.

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  • hotshots
    06-04 10:37 AM
    From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis

    Unreasonable H-1 requests from CIS

    USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:

    Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.

    As with most things dished out by USCIS, we are dealing with it.


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  • honeyB
    01-23 04:21 PM

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  • calgirl
    08-15 07:54 PM

    If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?

    Any ideas.?

    Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

    Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.


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  • krogot
    02-15 07:00 PM
    We're both from Russia, and a friend of mine got his GC in about of 1.5 years, he is from Russia too.

    My PERM process took about 10 month and my I-140 has not been filed yet, when you say "the expense of redoing PERM", how much it would cost the company?

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  • girishvar
    08-10 04:44 PM
    No Priority Date mentioned or upto 2002 - 51
    2003 - 46
    2004 - 117
    2005 - 140
    Upto May 31, 2006 - 70


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  • Life2Live
    07-16 02:40 PM
    Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
    I quizzed them about July 2007 revised visa bulletin etc.

    He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
    ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.

    :-) May be NSC approves application :-) as practically NO ONE can stop them..

    Again this is based on my call to actual live human being at NSC..

    No wonder why we have not heared any 485 Rejection form NSC... I guess...

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  • fromnaija
    09-15 10:52 AM
    If you have an approved I-140 based on your RIR PD, then yes you could ask to be accorded the earlier priority date. If not, you cannot ask for the earlier priority date on the basis of an approved LC alone.

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  • dsneyog
    01-02 05:36 PM
    how long it took for your EAD approval?
    thanksI e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.

    So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.

    Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.

    My 2 paise!!!

    05-19 09:38 PM
    Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.

    I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
    Has anyone been able to change the place of birth?


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