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  • Libra
    11-15 12:03 PM
    My PD is also Mar 2005, EB2. And i am not going to get GC anytime sooner, unless we work on it. In my signature there is a link for MN group click on that and join state chapter. update your profile with phone number, so that we can contact you.

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  • texcan
    09-02 04:58 PM
    I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.

    I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??

    Any help is appreciated...

    AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.

    Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.


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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?

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  • leo_loco
    10-21 08:31 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?

    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!


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  • Ann Ruben
    01-12 10:15 PM
    You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.

    I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.

    Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.

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  • Rajwaitingon140
    11-15 11:46 PM

    What is raised SR means?

    Mine also filed in DEC'2006; but no news yet.


    Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.

    But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.

    Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.

    Any comments pls?


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  • freakin_gc
    11-14 03:19 PM
    I dont have any hope that I will be receiving GC I-140 is still pending at NSC and unfortunately I'm from India ;(

    PD AUG 2004(EB3)
    140 Pending RD June 26th, 2007
    485 Pending RD Aug 13, 2007
    EAD APPROVED Oct 26, 2007
    FP DONE SEPT Oct 20, 2007
    AP APPROVED Nov 2, 2007

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  • abhishek101
    06-02 08:37 AM
    I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.

    Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.


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  • delhiguy
    07-02 03:42 PM
    USCIS taught me a lesson about life.

    Never go by rules. Find shortcuts.

    So you found it ..... I suggested my friend to get married to his american gf , I think that would be the legal and ideal shortcut

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  • arnab221
    08-13 10:40 AM
    Lets do it LAGAAN style . Play a Cricket / American Football match with USCICS .

    1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D

    2) If USCIS wins then let them introduce double retrogression . :mad:


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  • manishcp
    06-02 08:08 AM

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  • dipmay2002
    11-05 02:08 PM
    Notarized NOC is needed from you and your wife but was never checked for my daughter when she came back from India with my mother-in-law six month back.


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  • ak_2006
    04-14 01:16 PM
    Enjoy this Good moments!!! and thanks for sharing.

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    11-16 10:33 PM
    Hi Uma,

    My Green card is filed under EB2 category.

    Thanks & Regards,


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  • stucklabor
    03-11 11:01 AM

    I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.

    Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.

    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.


    Thanks in advance,
    Did my lawyer blunder or I am ok?

    Thanks in advance,

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  • GCeffect
    02-09 05:22 AM
    Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...

    Check out the RFE letter comment at the following:
    """""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""

    Now let me explain my situation.
    I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.

    PLease let me know what you guys think about the whole situation.

    Thanks ahead about your concern ......

    EB3 (ROW)..PD May 2006


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  • aadimanav
    12-11 01:41 AM
    Thanks Pappu

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  • meridiani.planum
    11-26 01:21 PM
    Perhaps I am missing something. I thought you could get an extension beyond six years only if:
    1. Your labor was pending for more than 360 days OR
    2. Your I-140 was approved

    I did not know that you could get an extension if:
    Your labor was approved and your I-140 was still pending.

    My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.

    you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.

    USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.

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  • mallikonnet
    07-19 11:01 PM
    As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

    So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.

    why not. i dont see why they would not accept cuncurrent filing of I-140/I-485

    10-12 04:27 PM
    You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.

    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!

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