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  • Robert Kumar
    01-02 11:25 AM

    Here is a question.
    Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
    I can see more scope in my company if I have an MBA. Also company is not doing very well.
    So, can I join a school till I get my MBA.
    How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.

    Thank You,

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  • hsingh82
    02-24 01:05 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??

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  • loudobbs
    10-17 02:52 PM
    You can look at related fields for your job code on the O NETsite.

    So I am guessing if your new job code falls in any of the related occupations, your oK??

    Any thoughts......

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  • braindrain
    09-02 11:45 PM
    I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

    My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

    If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

    Any advice/help is greatly appreciated.


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  • wandmaker
    07-23 07:44 AM

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.


    (1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.

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  • thomachan72
    05-12 01:24 PM
    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (
    Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:


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  • thomachan72
    01-13 05:20 AM
    Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.

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  • Scythe
    10-29 07:57 PM
    Well you put tables in houses... so why not put them in websites?

    (Going with the given assumption that websites inherit from houses somehow.)


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  • amsgc
    07-31 09:40 PM
    I don't think your mom should overstay the visa - not a good idea at all.

    Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.

    BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.

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  • same_old_guy
    05-22 05:13 PM
    Checking out this section of the bill :

    for an employment-based visa filed for classification under
    section 203(b)(1), (2), or (3) of the Immigration and Nationality
    Act (as such provisions existed prior to the enactment of this
    section) that were filed prior to the date of the introduction of
    the [Insert title of Act] and were pending or approved at the time of
    the effective date of this section, shall be treated as if such
    provision remained effective and an approved petition may serve
    as the basis for issuance of an immigrant visa. Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.

    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?


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  • americandesi
    10-21 08:22 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.

    Rather than you taking a decision on this, let USCIS decide how to proceed with your case.

    Refer following thread on this topic

    The conclusion says "worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other"

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  • new_phd
    04-14 05:41 PM
    Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."

    It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.

    Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.

    Hope this helps.


    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.



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  • morchu
    05-10 09:41 PM
    Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.

    On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
    You have to keep on paying the fees for i765.

    What is the confusion here? Do as what the instruction says. It is pretty elaborate.
    Copy of your respective passport pages.
    I think there was some wiki's somewhere listing the documents to send for EAD.

    3. Do as the instruction says.

    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says ( D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

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  • h1techSlave
    04-08 02:37 PM
    What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.

    US Legal Permanent Residents 2007 (

    162,176 total EB were issued in 2007.

    There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
    permitted the recapture.


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  • Green.Tech
    06-10 11:48 PM
    But don't lose heart. There are many, if not all, who are with you in this initiative.

    I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.

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  • sbmallik
    05-12 01:51 PM

    My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.


    You can still re-enter on June 2009 using the company A's stamp that expires on September 2009. Please keep the necessary documentation (offer letter, I-129, paystubs etc) for employer B and C ... this may be necessary at the time of re-entry. Otherwise, to keep things straight, go fo visa stamping.


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  • Jaime
    09-05 03:51 PM
    Please visit this site . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.

    Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
    In simple terms, priority dates will become current as soon as the bill passes.

    Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.

    One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.

    So think and act�.

    Excellent points! All the more reason to attend the DC rally on the 18th!

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  • wellwishergc
    08-02 02:36 PM
    I agree with logiclife. Consulting a good lawyer like Rajeev Khanna or Murthy is the best approach to go forward.

    Although perm2gc has many of the questions answered correctly, every case may be unique. There may be possibilities that your brother can still come to US. The lawyer may be able to help you with a legal way of going about it.

    If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.

    When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.

    If you do get advice here, then be aware of the chances that it could be not applicable to your situation.

    Good Luck.

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  • karmika
    12-12 11:18 PM

    08-16 07:53 PM
    First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.

    Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)

    It was my wife's mistake actually, she did not declared meat products in customs form.

    In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?

    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.

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