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  • pd_recapturing
    08-14 05:51 PM
    Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?

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  • rogerdepena
    07-17 10:33 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.

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  • vulcanfly
    07-19 10:12 PM
    So we can transfer our H1's but can we still have our 485 applications pending

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  • chanduv23
    11-14 08:36 PM
    I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

    In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)

    You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.

    If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.

    So think positive and start participating in grass roots efforts


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  • dealsnet
    03-28 02:30 PM
    This is a good move from IV.:D

    With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.

    IV Tracker -

    Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.

    Great job, IV team, in providing such a useful tool for the benefit of our community.

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  • gotgc?
    09-17 11:48 AM
    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.

    *** Not a legal advise ***

    Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...


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  • laksmi
    02-18 05:10 PM
    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.

    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps

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  • rameshavula
    06-15 08:04 PM
    For me I noticed the Alien # issued on the OPT card. And I noticed that my lawyer always used the same A# for my H1-B petition.


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  • zofa30
    09-13 02:16 PM
    I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:

    1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?

    2- How much time I could save by porting my PD? does it depend on country of origin?

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  • Jerrome
    05-21 12:42 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?

    No you have to send AC21 with new EVL.


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  • liorsal
    01-13 05:36 PM
    does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?

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  • kirupa
    11-11 01:07 PM
    This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.



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  • memyselfandus
    11-19 07:03 PM
    Seewa helps people who have undergone similar experiences as you did. Call them for advice and help. If they can't directly help you atleast they can refer to a proper organization that would.

    SEWAA - Service and Education for Women Against Abuse (

    All the best.

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  • ajju
    08-19 12:17 PM
    Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.

    Probably we should add a new forum on non-immigration matters.. and then create sub-forums like.. Education, Certifications, Socializing and so on... and then people can post under these subforums..

    1) these threads should not appear on main/home page under top threads.. otherwise IV will lose focus on immigration matters
    2) there should be a section on main page to "non-immigration" forum...

    just my 2cents.. there can be more & better ways to approach and regulate this..

    But for sure this would be a great idea... Probably a "Jokes" or "Feel Light" sub forum also...


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  • kdprasad
    07-08 07:19 PM
    Any Drive in Minneapolis???

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  • quizzer
    07-30 07:36 PM
    The attorney informed us that both our EAD's were received today.

    The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.

    Its validity is not 2 years from the original expiry but 2 years from the current approval date.

    Are others getting it the same way?



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  • ajaypr
    04-13 11:25 AM
    You can open up an IRA account with any of the brokerage firms like Scottrade, Fidelity or Ameritrade. You usually open up an IRA account first on their website or by visiting their offices in your area. Then contact your company's 401K provider to transfer your 401K amount to the new account directly. They usually would sent you a check in the name of your brokerage firm like Fidelity.As far as I know the check cannot be in your name coz then the IRA would tax the 401k amount and also charge an early withdrawal penalty.So make sure they transfer it directly to the brokerage firm. If things are not clear, you can always contact the customer service of your brokerage firm to help you or walk you through.But I also found that many times the customer service people are not up to the mark and may even provide you with wrong advice. So its better you call several times and speak with different customer service people at the brokerage firm and verify all the information.

    I personally did not like the fact that your company is forcing you to sell your stocks and mutual fund in your 401K account. This is bad as you may occur losses because of the bad market scenario.

    Thanks gcisadawg.
    I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
    I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?

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  • LongJourny
    01-21 04:30 PM
    Thank you all for giving me confidence. I have updated my profile. I do not remember dates of some information. I will update them later.

    One last question is if worst thing to happen would my adv. parole be useful for reentry?

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  • sam_hoosier
    06-22 04:45 PM
    If you have AAA membership, try them, they do it for free for 1 set typically.
    You may have to go in the hours stipulated by them.

    AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)

    10-02 11:06 PM
    murthy just sent out this info in his newsletter that went out today.

    Delayed EADs - Ombudsman's Suggestions to Expedite

    The current regulations on Employment Authorization Documents (EADs) require the USCIS to adjudicate EAD applications within 90 days. As many are aware, this does not always occur. The problem is compounded by the fact that it is no longer possible to obtain interim EADs at the local USCIS offices. Information on this matter was included in our previous article, available on MurthyDotCom, Interim EAD Problems at USCIS District Offices (Dec 14, 2007). The first CIS Ombudsman, Prakash , began making efforts on this matter that are continuing through the current CIS Ombudsman, Michael Dougherty. The Ombudsman's office released updated suggestions on September 19, 2008, for individuals who are experiencing EAD delays.

    Option 1 : Call the NCSC

    It is suggested that an individual first call the USCIS National Customer Service Center (NCSC) at 1.800.375.5283. It is important to note the date and time of the call, as well as the name / number of the person who answers the call. It is possible to explain that the EAD has been delayed beyond the 90 days permitted for processing, and ask for a "service request." This is supposed to result in issuance of the EAD or some other type of response within a week, according to the Ombudsman's update. Alternatively, it is possible to ask the customer service representative to request the EAD. This, too, should result in either receipt of the card or some other type of response within a week. The Ombudsman's update refers to the interim EAD, even though this is no longer issued by the local offices. At the Murthy Law Firm, it has been our experience that the requests described in the update primarily have resulted in the issuance of standard EADs.

    Option 2 : INFOPASS Appointment

    If the EAD has been delayed beyond 90 days, then it is possible to make an appointment at the local USCIS through the INFOPASS system. At that appointment, it is possible to request the EAD, even though EADs are not actually issued at the local offices. The local office should review the case for eligibility, and then forward the request to the USCIS service center where the case is pending. This should also result in a response or EAD issuance within a week.

    It should be noted that, while the one-week estimate may be a bit optimistic, we at the Murthy Law Firm have found that this approach is generally successful. Our recommendation is to make the appointment a week or two in advance, for the 91st day after filing. The reason for this is that local offices often have waiting times for appointments and if one waits until the 90th day to make the appointment it may result in more delay while waiting for an available appointment time. As with the call to the NCSC, it is best to document the date and time of the appointment, as well as the name of the officer.

    Option 3: Contact the Ombudsman if Other Options Do Not Work

    If an individual has completed both options 1 and 2 above, and the EAD has not been issued, then a third option is to eMail the Ombudsman's office at It is necessary to include the dates and times of the call to the NCSC, as well as the officer's identification information. Corresponding details on the INFOPASS appointment should also be provided.

    02-26 12:28 AM
    If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.

    All these forms are available at the USCIS website.

    They will ask you to come for fingerprining at a biometric center in a few weeks.

    After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.

    Goodluck with the process !

    Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.

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