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  • ashwinicool67
    04-29 12:30 PM
    Well, the fear I have is that prior to my AOS being filed , I was not paid for 5-6 months in the initial few months of start of H1. And I am not sure if thats considered out of status (bench period). So if during H1 extension this thing comes up I am worried that my AOS will get affected by this. I have read at least one case where they asked during I-485 this information.

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  • zexunzhou
    09-17 12:54 PM
    do not know what to do yet.

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  • WillIBLucky
    12-13 12:58 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..

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  • snathan
    04-26 05:43 PM
    Thanks UKannan,

    That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

    Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

    Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.

    Two bags, each can be max. 20 kg.


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  • EkAurAaya
    03-19 09:43 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

    Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.

    I still would like to hear from someone who actually sold a place on h1 or ead their experience.

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  • Rb_newsletter
    04-13 07:56 PM
    So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.

    Here's the link on that topic:

    You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

    On a side note:
    If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?


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  • arihant
    05-11 08:05 AM
    The following question is posed at which is a website for a Houston AM talk radio. This radio station usually plays conservative programs including Rush Limbaugh. So, it is likely that mostly conservatives are visiting and voting on this website:

    Should highly skilled workers move to the front of the immigration line?

    The current poll results:
    Yes: 59.56%
    No: 40.44%

    You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.

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  • Bytes4Lunch
    03-07 10:12 AM
    "dingudi" , Throughout every immigration forums, everyone mentions the use of AP in such cases.
    I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
    If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.


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  • Bhaskar_80
    06-17 04:25 PM
    Mr.gnutin or any other expert,

    Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?


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  • psaxena
    01-27 06:56 PM
    I am in scottsdale

    Lets fight this together.


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  • Ψ
    06-06 11:48 AM
    dude u are exactly ite blue mean good and red means evil.........

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  • kisana
    04-10 12:13 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.


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  • amitjoey
    08-06 02:01 PM
    Honorable Senator Specter

    Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?

    Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?

    On the money, perfectly described. good choice of words.

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  • arnet
    09-15 03:05 PM
    nt for slight difference i think....but they will pass with much difference....

    who knows, even they might have difference in areas like lighting,technology,patrols,who construct it, funding, etc.....if they add our provisions then it will definitely goes to committee.....


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  • Sree1965
    05-22 04:48 PM
    New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.

    If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..

    Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....

    So...the move movement is not depended even all of them file on the day 1....It depended on the Number of approvals .....Keep watching the approvals atleast till June 10th ...


    I also think this is a good idea, 10 days will not make much difference. Please help other members people.... Who knows, if there are too many applications USCIS might decide to not move dates in the July Visa Bulletin.

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  • chatterjie
    03-28 02:34 PM
    PD = May2004
    485FilingRcpt Date : Aug 21, 2007

    I was eagerly looking for 485 processing date to move forward
    from Jul 30. Hope NSC will process the NameCheckPending Cases Fast
    and let the processing dates move forward.. :)

    Also, even if the visa numbers advance, I have to cross the 485 processing
    date first... is that right?
    Or, what happens if my 485 is not yet processed but the bulletin makes
    my date as current? :confused:

    Thanks and Regards,


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  • 53885
    08-06 04:07 PM
    In last 2 months we collectively raised our voice on 3 occasions
    1. CIR 07 debate in senate (Can you believe that for last 3 months of the fiscal year DOS moved EB3 India from Jun 03 to current?)
    2. Flower campaign
    3. San Jose rally
    and we were rewarded.

    If you want to do something for yourself
    1. Show up in DC for Sept 13 Rally -
    2. Come out of shadow and tell Congress your story -

    The choices you make shall define your future.

    p.s. Please please please stop obsession with receipt notice and visa bulletin prediction.

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  • ssnd03
    07-30 02:17 PM
    Congratulations on your approval. Yor are really lucky and we envy you.

    I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.

    Remember one and only one thing prevents FIFO (First in First Out) for I485 approvals and that is FBI name-check delays. I do not believe FIFO is not honored due to USCIS processing problems.
    (BEC backlogs also inhibit GC FIFO but hopefully that will be over by Sep 2007)

    This guy's security checks were cleared timely and he got a visa number as soon as they were available.

    It is rumored that USCIS in last month assigned visa numbers to applicants without FBI security-check completion. However, these GCs will not be approved if FBI checks are not completed by Sep 30, 2007 and the visa numbers will be returned to DOS. Hence, it remains to be seen how many visa numbers will be wasted in FY 2007 despite the fact that the visa bulletin says U August onwards.

    Next to retrogression, this is a serious problem. But the irony is that retrogression allows FBI to enjoy, at our cost, years of delay in doing their job. However, you can also be so unlucky that your name-check does not clear when years later your PD becomes current

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  • thirumalkn
    07-26 05:11 PM
    Thanks for the info vxg. Thanks for sharing.
    So, did you notify USCIS at any stage about your promotion ?

    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.

    07-03 09:13 AM
    Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
    Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
    If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
    What are we afraid of? its not the lack of issues, its the lack of resolve
    Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios

    Please read, sign and observe

    To: U,S. Congress American Government

    USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 ( declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 ( which declared all July applications ineligible.

    The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.

    As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.


    08-23 06:23 PM
    It took almost 3 months to get the approval. Key points:
    1. USCIS does not accept I-140 PP as the original Labor approval is not included.
    2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
    3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

    Hope it helps....Good luck

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