Saturday, June 18, 2011

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  • NKR
    07-09 08:36 AM
    Dude, It is only fair to say that your employer is entitled to keep his money, but if you are worried about not having pay stubs to prove your continuous employment then you work it out with your employer, pay back his money and get your salary. It won�t be easy cause you have already pissed him off.

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  • amsgc
    06-30 07:26 PM
    I like this thread - positive, reasonable, and makes sense.

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  • misha
    07-12 01:13 PM
    Question for July I-485 filers.
    Did anybody receive I-485 July Rejection Notice by mail?

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  • arnet
    10-31 04:05 PM
    my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.


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  • bluekayal
    04-01 01:57 AM
    Mitra Kalita is part of SAJA- South Asian Journalists Association.

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  • matreen
    01-01 09:48 PM
    Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.

    Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......

    No idea what's going




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  • Kodi
    07-03 10:49 AM
    ROW means Rest Of the World. That's countries other than India, China and Phil.

    You're not from the above countries which is probably why you got approved so fast.

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  • ronhira
    09-18 06:04 PM
    its not 800,000 its around 190,000 for all EB1,2,3
    look at here May 2010 data
    USCIS - Previous Pending Employment-Based I-485 Inventory ( D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

    that is the part of the problem...... uscis has never provided correct and complete size of the backlog..... if backlog size were to be 190,000 then the dates should get current in all of the eb1, eb2 and eb3 categories in around 1 year.... how many here expect the dates to be current for all categories in around 1 year? probably close to zero.... nevertheless, most people think that the size of the backlog is equal to the number of applicants ahead of them..... which is to say that those ahead in line for each one of us is the cause of the backlog and not part of the backlog.... and those behind us do not deserve to be counted with us..... perhaps they should just wait period...... this is the formula most people here seem to use to derive at the size of the backlog.... hence difference versions and different numbers for the size of the backlog.....


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  • krishmunn
    01-04 11:18 AM
    . H4 dependents under certain circumstances are eligible for instate tuition.

    Only in some state. Most states do not allow in-state tuition to H1/H4/L1/L2 holders.

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  • gc_on_demand
    05-20 12:52 PM
    Here is link to full article..

    Some one posted on IV that Mr. SESSIONS supported recapture but opposed AgJobs portion. Truth is he only supported EB5 programme where US can make money.

    This post is only for awareness. Please call these guys and let them know what we are and what we are fighting for.

    It will not increase GC. which Sessions was saying yesterday. CALL NOW>>

    "It would also increase the number of employment-based green cards that will be given out over the next few years by 218,000. It is called green card recapture. I note that a green card, in effect, gives permanent legal status to a person who has a green card, and a guaranteed path to citizenship, as long as they don't have some felony offense. It would reauthorize the Foreign Investor Visa Program. That program probably deserves consideration for renewal and reauthorization. I just thought we certainly have not discussed it in the Judiciary Committee, where I think it is supposed to be coming forward. No hearings have been held on it. It was stuck in while the appropriators were considering funding our military men and women in Iraq and in other places. It was stuck into that without any real debate. "


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  • naidu
    04-04 12:43 PM
    Looks like some got email whose PD is after Feb 2008. Good for people like me.

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  • go_guy123
    09-08 03:39 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Green card dream is over. Now it's the time to get back to India or other countries. are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
    to come.
    Had the July 2007 not happened, a whole lot of EB - India cases would have
    been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
    Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.


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  • bang
    01-05 07:09 AM
    Otherway is, as the person status is in pending which is not illegal ----- Where did you find this from ????

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  • Ramba
    04-16 02:34 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,

    Are you kidding (about the refund)?


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  • nousername
    04-29 09:55 PM
    Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?

    Anyway, if I understand your question correctly then here is the answer:
    1. Look for a new job
    2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
    3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).

    As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.

    Thanks you very much for your reply.

    I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:

    If any company interest to transfer my H1B, how it will work for me ?

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  • kondur_007
    08-21 06:28 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks

    I am not a lawyer, but this is my honest opinion:

    If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.

    Good Luck.


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  • immi_enthu
    08-28 11:28 AM
    According to the legal assistant:

    Traditional Labor:

    Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.

    PERM: Requires beneficiary's signature.

    Thanks bond65

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  • willwin
    06-09 01:20 PM
    Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
    Example: Sept 2003, before Oct 2003,....So they are assigning earlier PDs Visa numbers first.
    Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
    This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.

    India EB3- PD: June 2003
    Contributed $480 + Monthly Recurring contributor.

    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

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  • nihar
    11-23 09:45 AM
    Thanks a lot for ur reply .. bt can u pls tell me as to hw can i do my opt on h1 ie if its approved ??? also the query and approval notice was sent on the same day . wen i call up the uscis they dnt mention this qry thgh my consultant sent this to me . nw wat shud i do in this case where im nt sure as to is this true that their is a qry or my employer is doing somethng else .

    04-19 09:59 PM
    I had the same issue. Still awaiting my AP which was applied in Nov 2008.
    When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.

    I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.

    Finally I called them again, this time I talked to a more knowledgeable accommodating IO.

    Keep calling the service center till you get an instruction similar to the following.

    This is the instruction provided
    Fill out I-131 Application or use the copy of your original application
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    ADDRESS ( This is a special address, This not the standard USCIS address)

    On Lower Left corner of the envelope mention:
    do Not open in the mail room, No fees are attached


    I am still awaiting my AP after doing this. :confused:

    After sending the documents as mentioned above ( NO Fee ), I got my AP document on March 6, 2009 via Fedex. ( I never sent any fedex fee :)).

    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Much worried.
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck

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