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  • sodh
    07-18 07:56 PM
    Please meet your senator or someone influential.

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  • addsf345
    01-13 03:21 PM

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.


    I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.

    One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?

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  • manderson
    02-08 10:51 AM

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.

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  • potrero
    04-30 08:58 PM
    Great !

    Need to know if some one has done with I-140 approved from two different company and still did the porting with the earliest priority dates.....


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  • skynet2500
    10-19 01:00 PM

    My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

    I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

    Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

    Obviously I am worried sick,

    Any help, pointers, suggestions are much appreciated.


    Few Suggestions..

    Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

    - Contact ombudsman office
    - Contact local senator office.
    - Contact local congressman office

    Good Luck.

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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.


    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.


    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.


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  • sledge_hammer
    06-17 10:22 AM
    For USPS deliveries:
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    For private courier (non-USPS) deliveries:
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.

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    02-26 02:03 PM
    There is no question like a dumb question. You definitely are dumb for questioning her.

    Well you have opened up my eyes. If there is no dumb question then there cannot be dumber. But then you call me a dumber. I am confused........???? what do I do now???:D


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  • looneytunezez
    02-04 11:00 AM
    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.

    i dont think spill over rules state that it can be applied to any specific country of chargeability.
    It is applied on PD basis, so if PD for EB2-China is before EB2-India applicants, they will get the spillover. But the fact that # of applicants in EB2-C are lower than Eb2-I, EB2-I should get more beneficial spill as long as its done horizontally and not vertically.

    Based on my understanding, i agree that they will apply spillover in Q4 (in theory).

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  • just_waiting
    10-17 04:08 PM
    Thanks SmartBoy. I agree, I should have looked around. My I-140 is approved so I assume I shouldn't have any problem. Thanks again.


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  • pappu
    07-13 02:38 PM
    The Conrad 30 J-1 physician waiver program is good news.

    IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.

    Paskal may have to update the group on the provisions that went into the final amendment.

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  • Ann Ruben
    01-20 09:09 AM

    Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?



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  • jthomas
    03-24 07:05 PM
    I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from
    One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
    Once you have a sellers permit and you are paying taxes there should not be any problem.
    I am a sole properitor

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  • countdrak
    11-01 01:01 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.


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  • crazyghoda
    10-29 06:21 PM
    I got someone who left this comment with the red - " Helpful Answer Negative Rating"
    This must the 3rd time I have had someone give me a red for answering questions and helping this community.
    I think I am done hanging around this forum helping out a bunch of morons who probably believe they can get a green card by giving others reds. Adios !

    There is no TDS for any funds held in NRE savings or CD accounts.

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    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.


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  • Becks
    11-29 02:30 PM
    I did not get any email when my AP status was changed to "document mailed". My company sent AP to me so I never got email about the status change.

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  • zoooom
    10-26 04:51 PM
    Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.

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  • rdehar
    08-26 12:44 PM
    Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

    I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

    What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

    H1 Transfer rejecting = H1 Visa rejection? :confused:

    Please let me know.

    Thanks a lot.
    If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.

    H1 transfers are really tricky nowadays -- there is a big risk.

    Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.

    01-30 11:23 AM
    Any feedback on this is appreciated.

    The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.

    04-09 11:59 AM
    Just sent you a PM. Check it....

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