Thứ Tư, 29 tháng 6, 2011

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  • gimme Green!!
    07-31 01:55 PM
    I am assuming that you are planning to change employers when you change from H1 to L1.

    L1 is only for intra company transfers and you needed to be working with the company for atleast 12 months (used to be 6 months till not long ago) before you are eligible to come in on an L1.

    If it is with the same company, that you plan to change from H1 to L1, what is the advantage other than skipping Labor certification if you are on L1A?

    If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.

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  • pezz77
    01-29 09:23 PM
    Thank you for the info! Should I give my lawyer a heads up or not worry about changing address on the application (if they still can do that)?

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  • gc750
    01-02 06:37 PM
    Hello Freinds,

    I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).

    The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.

    I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.

    One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?

    Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.

    Anyone please share your experience in the above situation........

    Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797

    Any suggestions will be greatly appreciated.

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  • raysaikat
    04-08 12:39 AM

    I am in the US now. Can I change to F1 visa in August and get the new F1 stamping or the approved transfer as you said, when I visit my home country later some ?

    thanks again.

    My understanding is that F1 visa status is maintained by I-20 and corresponding I-94 (which would usually say D/S and therefore would be valid as long as your I-20 and student-in-good-standing status are valid), for which you need to go outside US and reenter.


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  • immig_b2_0609
    03-15 11:22 PM
    Myself(Husband) & mywife both came on H1B from same employer.
    My son got H4 visa through my wife H1B visa.
    I (Husband) applied for green card and got EAD for myself & mywife , got Advance parole for myself, mywife & myson and are in 485 pending AOS status,
    My Wife is taking permanent job with EAD (EAD is through my Greencard process)
    If employer cancels my wife H1B she will come to EAD status.
    I am not sure what will be the status of my son who is currently on H4 visa through my wife H1B visa.
    My son got Advance Parole and 485 pending status through my green card.
    Do I need to apply for H4 visa for my son or will my son be ok on pending AOS status ?

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  • sanjay02
    11-23 07:28 PM
    Hire a competent attorney for your interview.


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  • andy garcia
    11-07 02:24 PM

    I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?

    yea...I did search this and some of the other forums :confused:


    Taken from: Yates Memorandum (
    If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.

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  • magazine
    09-28 11:23 PM
    This question is implying that the stay for the children to go to school in canada would only be a month or so, not more than six months - so does anyone know if there's a risk in messing up the green cards while the family waits a month in canada while waiting for the next destination.


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  • gcmatters77
    06-08 04:18 AM
    Hi guru�s,

    Need some help, I was in US working for a consulting company and a good client for 4 years then due to some family issues I had to return back to India in the beginning of last year �08. I and my wife has visa stamped in passport valid till the end of this year. Now I want to come back to US and I am not sure if I can enter US again with the same visa as I do not have paystub from my employer for last 1.5 years.

    During this 1.5 years I started my own business and tried various options but didn�t work out well so want to return back to US and during this time we had a son who doesn�t have a visa. Does any body know how I can return back to US, are they really strict at port of entry and would not let me in without a project. I don�t have a project right now and will look for it once I am in US. Any input would be very helpful.

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  • martinvisalaw
    06-18 01:10 PM
    You should ask both law firms to send you your 485 paperwork, assuming you are listed as the client. they might not send you any I-140 documents, since this was the employer's filing, but the 485 documents should give you what you need. You should write to CIS saying that you are no longer represented by attorneys and ask them to send all documents directly to you. Unfortunately, CIS can be very slow in acknowledging these requests, so it is likely that correpondence will continue to go to one or both attorneys.


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  • andy garcia
    02-21 10:58 AM
    Yes, it can be done. Basically, you have to show that the work experience is at least the equivalent of a College degree. There are people, called "evaluators" (or something like that) that analyse all the credentials and work experiences to determine that equivalence. Immigration attorneys know how to use those "evaluators" whose "evaluations" are usually accepted by USCIS.

    Immigration attorneys know how to $$$$$$ those "evaluators" whose "evaluations" are usually $$$$$$$$ by USCIS

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  • gc_chahiye
    11-28 01:09 AM
    :mad:I have another query and thats is i have a a far related cousin and her husband is on l1 visa . now my query is what visa is she on and what visa is her daughter on who was born here few months bak . also how shud she apply for a passport for this kid . is this kid an american citizen and also how to go about passport for the kid and also is it required to apply for visa for the kid to travel to India . Another serious issue she is been illtreated by her husband and how should she report this matter to the local police here .

    * She is on L2.

    * The kid is an American citizen. you can get a passport done at your local post office. Kid needs either visa, or PIO card to travel to india.

    * Ask her to call her local police station (or even 911) and report this to the police (unless he has been physically abusive, she can probably tell him the next time he misbehaves she'll go to the police. Explain that a police record could mean lots of problems for him, going all teh way from GC, to getting a future job etc. If he does not shape up or has been physically abusive, then have her contact the police.)


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  • sathishkrish
    07-06 04:25 PM
    07/06/2007: SPECIAL ALERT: U.S. Visa Posts Will Continue to Issue Immigrant Visas in July for July Interview Scheduled EB Applicants?

    AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
    It thus appears that those who are scheduled for IV interviews should keep the schedule of interviews in July regardless of the current Visa BullEtin fiasco. Readers may also ignore our previous message on the consular processing. It is an extremely confusing time. Please check the visa interview appointment letters from your American consulate. Please stay tuned to this website for further information on the IV consular processing.

    Source : Mattew Oh

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  • ingegarcia
    06-28 01:25 PM
    My lawyer says i can join company B as soon as USCIS has received my application for H1B transfer? is this true or do we have to wait for receipt number/case number?

    I need to know this because my company will not file I-485 until i join them but under the current backlog CSC is having a huge backlog with receipting H1B transfer cases.

    Please help

    This is part of the email the lawyer send me
    I filed your case yesterday. Your case will be received today. This means that you are eligible to give your notice and begin working for XXX.


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  • glores1970
    08-12 11:51 PM
    1. What is the exact filing fee ? The latest I-131 instructions have this note -

    NOTE: If you filed a Form I-485, Application to RegisterPermanent Residence or Adjust Status, as of July 30, 2007,no fee is required to also file a request for advance paroleon Form I-131. You may file the I-131 concurrently withyour I-485, or you may submit the I-131 at a later date. Ifyou file Form I-131 separately, you must also submit acopy of your Form I-797C, Notice of Action, receipt asevidence of the filing of an I-485 as of July 30, 2007.

    My PD was current in July, and my application reached USCIS on July 2. Does this note mean I dont have to pay any fees for AP ?

    2. How do I connect a new AP application to a filed 485 application ? I dont have receipt for the 485 application yet - it reached on July 2, 2007.

    3. What do I fill in part 7 ? It has the following questions -
    1. If the person intended to receive an advance parole document is outside the United States, provide the location (city and country) of the American embassy or consulate or the DHS overseas office that you want us to notify.

    2. If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:

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  • letstalklc
    08-13 11:09 AM
    You are eligible for 3 years extension with the approved I140. I also applied my H1 extension by attaching approved 140 for 3 years extension, I got it last month...

    it will not like 2 yrs and then 3 yrs.....go for 3 years...I think lawyer should know all these....

    Good luck...


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  • willigetgc?
    03-04 10:00 AM
    The sad part about the Brokow's report is that he focused on H1B issue and not the real problem which is the green card issue.

    Yes, people come on H1B - however, for those immigrants to put down the roots, it has to happen through green cards and not H1B extensions (neither one of which was mentioned in the report). I am not sure if this is a two part series, but it should be.

    IV members should write to MSNBC Nightly News to do a more in depth story on immigration problems of the high skilled immigrants.
    NBC Nightly News: Contact us - Nightly News - (

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  • rajenk
    02-10 02:09 PM
    That could be things like
    NOID - Notice of intend to Deny.
    RFE - Request for evidence.

    For I-140 USCIS does not update the online status properly. For both of my EB3 and EB2 I-140s still the case status says they received the application and processing!

    Wait for the document that they sent.

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  • kirupa
    05-09 12:16 AM
    I really like your 3rd and 4th stamps faster :) It's no bother at all. I add stamps every Wed/Fri, so it only takes me about 30 mins to get all of the stamps added up from everyone!

    12-17 09:54 AM
    Your new job should require a masters degree too

    06-29 11:07 PM
    Fresh off the death of S 1639, No one on the Hill wants to talk about immigration related bills

    Yes atmosphere is not good for time being for any immigration bill. Let's wait formetime otherwise we will misfire.

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