Wednesday, June 15, 2011

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  • chillfakter
    02-11 04:15 PM
    I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
    However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
    Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.

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  • johnwright03
    06-14 10:16 PM
    does anyone the fate of future GC aspirants...i mean the people who are not in the run for 485...whose Labor is not approved...does anyone until when the pd going to stay current...of course the bulletin says pd might retrogess in the month of September for indian born nationalities...?? is there any chance that the pd might retrogess in the next month itself..??
    well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????

    Lots of Hurdles in Life.....
    but, Life is a Camera, face it with a SMILE...!!!

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  • pd_recapturing
    08-24 02:49 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

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  • Maverick1
    11-05 04:19 PM
    Hai ,

    Sorry For The Late Reply and Thank You For All Your Responses.

    I Need The Details About " Medical Transcription " Job .
    Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.

    One is supposed to have good (English) listening and comprehension skills to do the job effectively. Need to read the tapes and prepare the transcripts.

    Since you have BS in Computers, taking up an IT job should not be that difficult.


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  • bsbawa10
    12-10 04:50 PM
    I insist that the name of the person who used profane language on IV website be revealed. It is a serious and urgent issue. Such people must be exposed for the public good.

    I fully think that if IV is serious for the dignity of its members and wants this not to happen again, then the person should be revealed and banned. I know this has happened in the past also but not taking this kind of action has given courage to such kind of people to attempt it again.

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  • cbpds
    07-02 08:53 PM
    Please read this thread


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  • alterego
    08-01 02:38 PM
    Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
    This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
    Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
    I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.

    I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
    I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
    Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?

    Please keep all this in mind the next time you think about helping out.

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  • vandanaverdia
    09-09 01:05 PM
    Calling all WASHINGTONIANS!!! Pls respond!!!


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  • rockstart
    05-05 10:14 AM
    I agree with your lawyers statement. She will not be counted against the quota because she already has H1. Also I would recommend premium processing when she gets a job.

    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

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  • keiryu
    06-28 04:28 PM
    You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.


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  • gcdreamer05
    01-17 12:27 PM
    great glad to know your problem was solved.

    Hey man thanks for coming back and positing the solution and that useful info for others.:)

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  • sbabunle
    08-30 04:53 PM
    Dear friends

    I'm very excited to say that I got my green card approved. Thank you for all of your support.

    My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.

    Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!



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  • krishnam70
    07-09 12:45 PM
    I read about the problem in this thread and immediatly called all our friends and signed up for the drive. We went in a group of 25 people and signed up. Hopefully something will work out for Vinay and people like him. This is not a one time effort but once we are in the registry we have the capability to help many others who might be needing help. I urge members to please go to the drive's or request information on how to create drives in your own city and help in this good cause.

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  • atlfp
    04-08 03:17 PM
    The raw majority definitely counts. The reson S.1932 failed was because it was an extremely republican bill -- it went through without a single democrat vote. A small fraction of republican was able to black mail the visa numbers stuff because of republican can not afford to lose any single republican vote. They needed all of them to get it trhough. In another words, those anti-immigration guys did not build a coalition against legal immigration, as they still can not today, they simply black mailed it.

    The situation for PACE act is definitely different. PACE enjoys broad support from both side. It will be very difficult for any of those anti-immigration guy to play the same kind of trick again. It simply won't work.

    Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.

    To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.


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  • laksmi
    01-29 11:16 AM

    Did you pay fee again to USCIS for AP to get it modified or USCIS did free of cost and how many months did it take to get AP document with correct Date of Birth.

    Thank you

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  • GCard_Dream
    10-05 12:33 PM
    Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

    On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.

    Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.


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  • sam2006
    07-18 06:59 PM
    Yes you will still fall under July ..
    The dead line is 17 Aug ...

    please do sign up for monthy contributions :)

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  • hiralal
    05-01 07:10 AM
    we have to make USCIS more transparent and effective...
    There are several smaller campaigns that we can have that comes to my mind is to show the benefits of legal immigration ..
    we can do something as easy as meeting our local realtors ..(maybe each member can meet 4-5 realtors in his area) interest in buying a house and then back out saying that the GC delays are preventing you from buying a house ...(and maybe ask the realtors to advertise on IV :))

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  • Rudra
    04-18 01:13 AM
    THose who have filed with the Premiumproceesin as option are getting notifications. The rest will get it relativlely later. As UScis says the notification dates would not be later than June. has any one got back their applications? :confused:

    Blog Feeds
    08-06 08:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
    Can I transfer my H1b?

    Answer #1
    The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.

    Question #2 � Employment Based Immigration � Green Card: Biometrics
    I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

    Answer #2
    As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
    I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

    Answer #3
    If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.

    Question #4 � Employment Based Immigration � Green Card
    My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

    Answer #4
    You will need to file Form I-90, Application to Replace Permanent Resident Card ( If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

    Question #5 � Employment Based Immigration � Green Card
    My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

    Answer #5
    Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.

    Question #6 - Employment Based Immigration � Green Card - EAD Renewal
    I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

    Answer #6
    To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

    You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

    Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

    Answer #7
    Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.

    Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
    My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

    Answer #8
    U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.

    Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
    I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

    Answer #9
    If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

    You may wish to check out the following link ( regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.

    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can you let me know how many visas remain under the H-1B Cap?

    Answer #10
    As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (

    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

    More... (

    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)

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