Friday, June 10, 2011

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  • martinvisalaw
    07-06 09:51 AM
    See answers below, IN CAPS.

    I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
    Here is my current status :
    6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

    1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?


    2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?


    3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?



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  • sri1309
    04-11 10:43 PM

    I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in's site.
    485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
    I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.

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  • DSLStart
    07-29 11:22 AM
    He did ask me who filed for the GC so he knew mine was EB case.
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.

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  • msp1976
    12-22 02:02 PM
    What happens in someone is not at the address and he does not receive any communication regarding the jury duty.

    Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...

    The whole thing might degenerate into 'My Cousin Vinny'.

    You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
    I don't think that the immigration people look into the outstanding warrants...


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  • gcwanter
    07-02 10:01 AM
    All of a sudden since last week there has been an increase.. in these kind of people who "suddenly" pop up ; make their first time posts challenging IV and its mission.

    I think the best treatment they deserve is IGNORANCE. we probably shouldnt even reply to such ridiculous posts of people who are not even aware what the CIR contains for us legals..

    please ignore such people..or else these threads keep lingering on top..which they dont deserve

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  • GCFrenzy
    05-12 09:19 AM
    The law in question in Arizona was SB 1070. When it passed, I was an immigrant resident of that state.

    When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:

    We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
    Pretty clear.


    Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (


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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.

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  • Munshi75
    09-12 10:19 AM
    We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.

    Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.



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  • kumar1
    11-24 12:57 PM
    IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?

    Gurus, can you please let me know your opinion on the below item? thanks a lot.

    I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?

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  • gg_ny
    09-18 03:16 PM

    The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign it falls right in the area.

    FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
    They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.

    Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)

    We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.

    If you know of any such people please pass on this message.

    Please respond with a brief detail about yourself and your contact information to jap219001 at and himanshu at


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  • kaisersose
    08-24 06:06 PM
    Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.

    That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.

    Occasionally an isolated case sneaks in.

    Like someone posted this morning that he received an ead although the lawyer says he never applied for one!

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  • j751
    07-17 03:19 PM
    Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....


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  • ksach
    03-07 04:43 PM
    In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.

    I think i saw a FAQ for this on . check that site as well.

    In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.

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  • achu
    08-27 06:18 PM

    dmv need USCIS issued photo identification in order to renew or change your DL. first they check if you have a valid visa with photo, if not they ask for valid EAD. if you don't have these then you have to show the approval notice. but the biggest problem with this is it take 3 to 5 months to process DL. hope this help.



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  • gc78
    10-09 02:00 PM
    I had to travel to Switzerland recently and was in a similar situation. I explained to the visa officer that my H1B stamp had expired and was planning on using AP for travel. She was fine with it, mentioned that AP supersedes H1B stamp anyway and issued the Swiss visa.

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  • ngopikrishnan
    07-30 11:03 AM
    I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.

    Where was your I-140 applied (if it is not concurrent with 485)?

    Also, Q6 says the following:

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.

    Do NOT split hairs! You are okay!

    P.S.: BTW, are you working for Cognizant?


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  • ghost
    07-24 07:52 PM
    Murthy is Immigration Attorney:

    IV is Immigration Voice

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  • lostinbeta
    10-05 01:12 PM
    Hey Ilyas. Thanks for the compliment:)

    I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)

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  • funny
    08-13 01:19 PM
    Hi Funny,

    When were your respective I140s approved ? Were they with the same or different employer ?

    Same employer, both of them were approved around mid 2007.

    10-13 07:02 AM
    Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.

    02-23 06:04 PM
    YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.

    You need to intend to work for the sponsoring employer once permanent residence is approved.

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