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  • YesGC_NoGC
    02-18 01:25 PM
    No 2nd FP

    PD - Sept 2002 - EB3-I

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  • deafTunes123
    07-05 06:16 PM
    Great Idea. I will definitely attend. But would recommend to keep before the Day Light Savings Period end. Just to help for the drivers who needs to drive long distance.

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  • visaspirant
    10-21 11:50 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
    Thanks so much Elaine!
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.

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  • pthoko
    07-05 03:15 PM
    Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...


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  • EADchallenged
    08-22 08:31 PM
    Afsandyar, your link provides text that has existed for at least 3 months.

    Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.

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  • kanyewest
    04-22 11:39 AM
    You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.

    I thank you for your time in understanding this complex scenario.

    The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.

    If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?


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  • sgupta33
    08-28 04:14 PM
    What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...

    All the needed details would be in AC21 threads...

    Yes, I have looked at the AC21 threads and they have been very helpful. I was hoping my current attorney could give me information on the process of transferring my H1B, the costs involved, and how long the process takes. Again, I work in the mental health area where agencies do not have immigration attorneys on staff so if I port, the new employer will not have an attorney that can help me. Thanks.

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  • logiclife
    05-24 01:31 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?


    Thanks for your contribution. The only place money will be spent will be on lobbying and advocacy for changing laws to reduce/eliminate retrogression and to make H1B renewals and transfers less difficult for those who are already here.

    You are free to call 850-391-4966 for more detailed questions.


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  • MeraNoAayega
    05-18 06:54 PM
    Does any one happen to know how long will the court take to decide if it want's to hear the case & then to actually issue a decision?

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  • makemygc
    06-12 07:38 PM
    See my response below:-

    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
    Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!


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  • apoojo
    08-23 11:09 PM
    I had a quick question to add to this....

    If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?

    Appreciate your response.

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  • rheoretro
    11-07 01:20 PM

    Can you all post the names of good consulting companies to work for. Let's create a list here.


    And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?


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  • leo2606
    07-05 10:08 PM
    Are you kidding or serious?

    AC21 is applicable only if I-485 is pending, once I-485 approved you don't have to tell any one.

    Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.


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  • h1extn
    08-07 11:24 PM
    Hi All
    If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help


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  • dreamworld
    11-07 12:56 PM
    Dude, Consulting Business mean making profit out of consulting and you are one of the tool for them....

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  • morchu
    05-06 01:05 PM
    Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.

    Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).


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  • gc28262
    11-05 04:45 PM
    If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.

    If she is OK with going through the hassles of visa stamping, that is fine too.

    Please refer to the following murthy bulletin for details.


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  • Munshi75
    06-13 02:09 PM
    Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.

    This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.

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  • Alabaman
    04-30 06:23 PM
    all talk... talk talk talk...no action

    06-11 01:17 PM
    How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    Again, anyone seeing the same in other places...

    Specialized people are not easily available.

    07-16 02:10 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..

    Hmmmm .. what number did you call? I have a few questions I would like to ask them

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