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  • LostInGCProcess
    01-08 11:21 AM
    Why did you use AP if you had a valid H1-b?

    Because I did not have H1 Visa...just H1 document. I went on a very short trip to India and I didn't want to make trips to Chennai consulate and who knows if I got stuck with some kind of verifications...or other delays...Thats why I opted for AP.

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  • Jai_MH
    02-06 03:41 PM
    Do you work for saicon.. I also signed something like this.

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  • gcisadawg
    07-31 11:50 AM
    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.

    Just for fun, let me predict with all seriousness.

    On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
    On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001

    I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.

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  • mytrix76
    01-10 01:20 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.



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  • gcseeker28
    08-12 02:27 PM
    So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
    Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
    I asked few questions to the new lawyer:
    Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
    Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
    Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
    What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.

    Did anybody face the similar issues as I am facing. If so, please throw light on it.
    For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
    This time I am submitting all the proof.
    Did anybody get the approval after filing for MTR.


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  • Ann Ruben
    07-20 07:03 AM
    The outcome in a case like this depends on the specific State's criminal code, and the individual's specific record. I cannot tell you for sure that USCIS will seek to remove your son, but I would strongly advise your son and his criminal lawyer to consult with an experienced immigration lawyer before going further.


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  • sundarpn
    04-14 04:45 PM
    Hey all,

    I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

    I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
    I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

    I have another new job offer (permanent) from a company in bedford, boston.

    The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:

    So Questions:
    1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.

    2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

    3. Another option I can think of is forget this offer.
    Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?

    Appreciate any opinions.

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  • milind70
    04-07 05:28 PM

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!


    There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.


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  • go_guy123
    01-27 03:09 PM
    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do? seem desparate. Are you single? If so did you explore marrying USC ?

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  • sonia_sd
    09-15 05:17 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.

    You are 100% correct. US congress has love about horses and their nutrition than human beings, we work like donkeys/slaves attached to all these companies without freedom. On top we pay taxes and follow laws inch by inch. No matter what their plan is but we are


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  • gcformeornot
    08-21 10:59 AM
    Is this anything to do with PD?

    please poll here to add your vote...

    sorry if did already.

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    February 2nd, 2004, 11:42 PM
    Thanks for reply.

    so it looks like my nikkor 35-80 af is supported full functionality.

    Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???

    SB26 -> unsure so far (anyone know)

    Its still early as we have a few months before release.. Be nice if I could use my current lenses. (and see about this lens that comes with camera for $300 more (if you opt for it)...



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  • stupendousman11
    08-22 01:14 PM
    EB2 India from NC.

    Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.

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  • satishku_2000
    08-24 04:20 PM
    Thanks so much for the info, satishku_2000. That is very good info.

    My RFE, which was issued on July 20, 2007, was for my employer's ITR . My lawyer said the deadline is 12 weeks from the RFE date. I think she has not been updated on the new ruling. Now we only have up to next Friday to submit everything. I'm so so worried!!!

    If you have access to the RFE from USCIS , try to get a copy of it . It should say how much time you have to respond. They will mention "On or before a date". I dont know if all the services centers have implemented the flex time response for RFE/NOIDs. Be on top of things , just dont let your lawyer or employer say anything else.


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  • waitingmygc
    05-20 09:07 PM
    My employer initially filed perm and I-140 in EB3 with priority date of Dec,2005.

    As I qualified for EB2 (have Master's degree), my employer's attorney is filing new EB2 perm, and he is saying that he can port the earlier priority date of EB3 after getting the approval of EB2 perm application and don�t need to file I 140 again as we already have approval for EB3 I 140 which can be converted to EB2 with new priority date.
    Is it possible to have EB2 category and old priority date without refiling new I-140 ?


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  • contact
    04-27 10:45 AM
    whether the incident is true or not, IV member is trying to caution us that we should be fully focused when the officer examines our passport.


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  • michael_trs
    05-14 04:48 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?

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  • reddy77
    04-13 08:23 AM
    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....

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  • hnordberg
    June 18th, 2005, 12:58 PM
    I like the top one the way it is. It is moody and the motion blur of the bird just adds to the feeling. Great capture.

    With the rainbow, I think I may have tried to get an anchor for the foreground. Such as the yellow flower/bush in the lower right. I often find myself shooting with the camera at ground level. But it is a fine picture, nevertheless.

    The bird shots are good. I would probably cut out some of the top of the last one.

    - Henrik

    01-03 11:13 AM
    I pledge $120 every month as soon as it is available......

    02-20 12:36 PM
    Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.

    i would like to convert EB3- pd to Eb2.
    My sistuation is like this . pls help mw if you know if this is possible:

    1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
    2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.

    Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.

    If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.

    When exactly can apply for PD the time of applying i-485 or i-140 ..

    If somebody clarify me that is great .


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