Wednesday, June 22, 2011

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  • Mark_Ire
    05-07 03:29 PM
    Hope you don't mind, but I had a go at this Battle....

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  • snhn
    03-03 10:57 AM
    I applied in Oct 2008 for me and my wife. My wife got it in a month. Mine is still pending. I am the primary. It was applied with TSC. THey send RFE and I responded in Nov, and still pending. I have called them many times and customer service reps tell me that it is witin processing times. Per them, a case like this takes about 6 months to process.

    Just waiting for approval.

    Sorry - Forgot to mention. It is TSC.. I don't know about Paper filing. I did E-File for both EAD and AP. EAD took 90-95 days for all of us to get the card but AP took 3 weeks. Not sure if the process is random like all the other process with USCIS.

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  • everonh1
    07-28 02:09 PM
    The only idea of this post was to give an idea that receipting process has started.
    Please dont keep flooding replies and continue working on some constructive stuff.


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  • bestia
    07-20 12:18 PM
    Hi, My employer is not giving me the original H1 approval notice (i-797A) because it states on the notice on the 2nd paragraph

    For how long you have been working for your employer? It's a bad sign at the very beginning. If you don't have much history, just start looking for another job. During the whole immigration process you will need a lot of papers and support from your employer. If you don't wanna end up after 10 years crying that you are stuck somewhere and your employer is not willing to do anything, then change your employer.


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  • lengthylabor
    09-08 06:48 PM
    As far as I know you can surely work on H1-B after one year. If you have stayed outside USA for one year , you can continue with H1-B extention ( i.e. remaining time period of your H1-B or even file for new H1-B.

    I am not sure about the GC process though. Will be interesting to see some answer on that.

    This is not a legal advise . Please consult a good lawyer for details.

    Thanks iad2ead & sagar_nyc

    Without going CP,
    Assuming my PD (Oct 2004) will not be current in next one year ,Can i work for Employer Y while i'm in India for one year and then comeback to US and work for employer X on H1B and continue with GC processing?

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  • paskal
    06-12 05:58 PM
    If it is doable, you should try EB1. This category is not retrogressed and your chances of getting your GC approved in a year or two are high. If you take the EB2-NIW route, then you should be prepared to wait for a long time.

    You have no significant benefit from NIW other than the elimination of Labor. Labor time is much less of a problem than waiting for India EB2 to become current.

    NIW vs Labor: one more advantage- NIW has much more portability being a self petition. You can file an EB1 and also file NIW using the same documentation- it will cost you filing fees and offer you a second chance- a backup.


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  • abhay
    08-29 01:25 PM
    I have applied for all the 3 and havenot received any reciepts, I am planning to convert H1B application to premium processing once I receive the AOS receipts. From what I read from forums, this shouldnt be a problem.

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  • needhelp!
    12-19 02:06 PM
    help IV help YOU (


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  • little_willy
    05-26 03:06 PM
    If you have an approved I-140, you can get 3-year extension when the H-1B is transferred to the new employer even if you have more than 6 months left on your H-1B. This shouldn't be an issue if this is what you are worried about.

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  • pappu
    10-16 09:40 AM
    Pls only support IV and let IV do the support or opposition to other organizations.

    As IV gains strength (due to support and contributions from members) IV will become a voice nobody can ignore. Due to our efforts so far we have gained lot of visibility and our opinions are heard by people who make decisions.

    Again, IV will not post on the open forum to anonymous users whom we meet or whom, we are invited to meet. If you want to know answers to such questions then join your state chapters. You will know not only know answers to such questions, but will become a part of such efforts.


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  • ammu_ammu
    08-29 07:06 PM
    Thanks much for the reply guys...

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  • sunny1000
    06-15 07:15 PM
    if we file for a new I94 the 4 month wait will kill our chances because our pd is nov2006. Also we don;t have the stamp on our passport for our h1, because of which we haven;t been out of the country since 2004 so i don;t think we can go to canada or mexico..

    Can we file with the I94 from the h4 approval(is my lawyer wrong to say he needs airport I94)?

    am so bummed out.... any other ideas guys/????????:confused:

    Just a thought...apply with your wife's I-94 that came with the I-797. Meanwhile, apply for the duplicate as someone else mentioned on this thread.
    By the time your I-485 is taken up for processing, you might get your duplicate. I would think that they would issue a RFE rather than a straight denial and you can submit the duplicate at that time.

    BTW, which one of the I-94s has the latest date...Is it the one from the airport or the one in her H4 extension? If the one on the I-797 is the latest, I don't think you need to worry too much as that has the same I-94 number as the one you would have gotten at the airport and that would mean USCIS has record of the old I-94 from the airport. When your wife got her H4 extension (assuming that happened after you came back in 2004), I am sure you would have submitted a copy of that I-94 that was given at the airport. Ask your lawyer if he has a copy.

    Again, talk to your attorney for any legal advice as I am writing this based on my limited knowledge.


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  • arunvakil
    02-12 01:52 AM

    This is Arun Vakil, US Visa and Immigration Consultant based in Mumbai, India. Visit my website

    I am an Indian citizen living in Mumbai and have nothing to do with US Department of State or Homeland Security. I cannot and have not work as US Visa Officer. To the best of my knowledge there has not been a single person of same name who ever worked as Visa Officer at US Consulate, Mumbai.

    These are all rumours or disinformation circulating around.

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  • uslegals
    03-05 11:01 AM
    Thanks for researching this..!! I was totally confused about this till folks on this forum cleared it up for me.! Great work.! I'm sure this will help thousands of friends who visit here daily.!


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  • gc_eb2_waiter
    06-19 01:21 PM
    When I contacted the clinic they mentioned only bring a valid photo ID(Driver's licence also OK). I was expecting that they may need some of my immigration documents. What do you guys think?

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  • cityfisher
    07-26 09:14 PM
    Has anyone heard a case like ours approved under EB2? (on labor certificate, the job requires a master degree or bachelor degree plus TWO years' experience)
    Since the stubborn lawyer insists it is correct to file an EB2 and she refuses to change anything, the company is reluctant to allow us file a new EB3 application through a new lawyer, I guss we can do nothing but cross fingers, hope the EB2 application can be approved. If not, it will be a disaster to our family.


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  • casinoroyale
    06-26 01:44 PM
    I was told by Rajeev Khanna that it will not. See Cronin memo that some one cited earlier.

    Thanks. Just to complete your sentense, you mean, the H1-B renewal application will not be abondoned when the applicant travels on AP while it is pending?

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  • senthil1
    12-03 01:28 PM
    Not to criticize you, but every year there are thousands of students coming from India to the US. Although their numbers have dropped slightly for the first time in 2006, they are still enormous (60K+ every yr). Getting a GC in 6 months even after Skil is passed does not seem likely. When the bill will pass, it will reduce hardships not eliminate them.

    The number of students who come here is not controlled by the number of GCs, unlike that of people who come here on H1B.

    There are many reasons for this unprecedented rise in the number of students coming from India in the last 5 years. Undergrad enrollment has been falling in many engineering departments. Hence grad admission standards have been relaxed, and international students are being welcomed. Plus, in the post-cold-war era, the US consulate does not deny visas the way it used to in the nineties. If you did not have financial aid from a univ then, it was difficult to get a visa. Also, kids in India these days get $10K loans from banks! So coming here is no longer difficult. So as I see it from a univ setting, the number of Indians applying for GCs will continue to be very high for the foreseeable future (10 yrs?). But hopefully, those with PDs until 2006 should see their GCs in 2-3 yrs after the bill is passed. We can't worry about all of the people who are coming now....

    Skill bill gives exemption to US master people and Stem . They should be able to get or file 485 within 6 months

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  • greatguy
    04-05 10:36 PM
    GC finally came thru - foolish process ended on the fools day.

    EB3 priority date is sept 01, India.

    has taken 9 clients, 7 years, 6 H1Bs, 5 relocations, 3 GC filings, 2 layoffs, 1 labor substitution, 1 RFE, 1 EAD, 1 UK HSMP visa and 0 visits to India to get here.


    05-07 03:29 PM
    Hope you don't mind, but I had a go at this Battle....

    07-16 01:35 PM
    best thing u can do while your PD is current is................
    .........wait for it to retrogress again OR help Iv in its action items... Get working...contribute....

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