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  • seahawks
    07-26 11:32 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..

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  • validIV
    03-25 01:09 PM
    Iam actually not out of status...i will be instatus for 2 more months ....

    If my dream of concurrent in 2009...i will be glad to apply 485.


    You are H-1 and unemployed for 4 weeks? How are you in status?

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  • GotGC??
    04-03 08:24 PM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.

    Why is it still unaccessible? Are you guys experiencing the same?

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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."

    Interesting! Thanks for the correction


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  • pd_recapturing
    08-15 07:59 PM
    I do not think so. I have contacted Congressman but I doubt my lawyer pr employer will ever know about it. But on separate note, whats the issue if employer/lawyer get to know about it ?

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  • dce.deepak
    06-22 12:32 PM
    My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
    My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.

    My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
    Because its start date is 09/24 so do I need to wait till that date before re-entering.

    What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.


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  • kaarmaa
    08-14 11:06 PM
    Further, this proposed rule would remove an alien’s reliance on the Visa Bulletin to determine visa availability and therefore eligibility to file for I-485. Instead, the rule will propose that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS

    Interesting. The way I understand this is - EB applicants need not wait for PD to be current to file I-485 application. However, the news article does not give any clear details on the actual processing or its source.

    I would definitely prefer an EAD over waiting. Lets see..

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  • dealsnet
    10-25 08:05 AM
    I found this in

    "Spoke with an IO in TSC (via POJ) and came to know that my case is pending b’cos visa numbers are not available. I was like what >!”

    When I asked IO if 2008 quota visa numbers released at all after 1st Oct 2007 …. Answer I got back was…..”yes” but they were released before 1st Oct 2007 and already got consumed in September 2007…. Now they are waiting for state dept. to release more 2008 quota visa numbers it seems……and IO on call didn’t have any clue on when the new visa numbers will be released from State Dept."


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  • niklshah
    08-07 09:53 AM
    you made my was so funny

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  • kiran_k02
    12-05 09:36 AM
    I wonder with so many layoffs in US, how much support will H-1B quota increase lobbying group get from the congress?

    I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.


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  • crazyghoda
    07-10 10:25 AM
    The H1 document in and by itself is not. The I-94 card that comes printed at the bottom is. And the I-94 card is a valid document as per the I-9 form.

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  • GCHope2011
    05-21 08:59 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
    Since there was more than one person referred to in the post, it looks like they could not decide what to write and got busy fighting with each other over what to write...


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  • Rb_newsletter
    09-02 10:34 PM
    One of my ex-colleagues got his GC approved out of turn last year itself. He was EB3 - PD November 2005. They approved it for him, his wife and his two kids! He is a big devotee of Sathya Sai Baba and I think he certainly got his blessings on this one..!

    I have nothing against you or anyone. Just i found in youtube so thought of sharing it with others.

    YouTube - Sai Baba Tricks Completely Exposed. (

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  • bestofall
    06-15 05:19 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    my friend went to India for 4 month Vacation.

    1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company

    As long as you prepared tos how required papers issues


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  • Enebreus
    01-20 10:13 AM
    I thought it was kind of inherent in a programming competition. If he would allow external libraries, the contests could become jigsaw puzzle contests where the person who could find the best open source libraries, and piece them together properly could beat someone who made something completely from scratch.

    I appreciate where you're coming from.

    When I interpreted the rules/intent of the competition I didn't see anything wrong with using Box2D.

    I think I made something awesome no matter what happens. I'm happy with the final product and everything I've learned making it. I'd just hate to see it disqualified because someone assumed I'd know not to use external libraries or external audio.

    ps: can you post your code? and btw... i like what you did with your swarming code :)
    You can grab the earlier version of the Swarming code from my blog here:
    I share the code for most of my projects so feel free to browse around.

    In order to share the current version I'd have to do a lot of cleaning up... for example I wrote 5 different ways of handling broad level hit detection. At this point I would have to rewrite it to make it sharable.

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  • anilsal
    12-10 12:46 PM
    Ok, people in Minnesota. Do attend the first concall for IL State Chapter - there may be an update from IV core.


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  • thomachan72
    03-29 06:51 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    Good idea. Now, how do we show that we are starving? Wont it be considered advantageous (healthwise) for many of us to starve? These days starving is not considered a self punishment but rather a therapy. I would suggest 'one day over eating-junk food' right in the front of the capitol would be better. In the US, I have noticed that most workers probably get a cofee in the morning, a pack of potatoe fries+coke for lunch and then eat heavily after 5PM. Thats very close to what you are proposing. Holding packards like "we skipped coke and lays today. now you better solve our problem".

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  • bekugc
    03-17 09:29 PM
    regarding the below question while using AC21

    2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?

    can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS


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  • sparky_jones
    05-07 08:28 PM
    My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
    The move was parallel in job function and the pay was good.

    They replied to the RFE and then never heard back. In these economic times, USCIS
    is scrutinizing every doc that gets filed.

    Just an experience....

    What did they ask for in the RFE?

    11-30 11:44 AM

    I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV

    03-11 11:59 PM
    No probs, we owe as much for all the hours you have put in with the EB number analysis.

    But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.

    check this out from website.

    03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?

    * All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
    * We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.


    all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.

    my 2 cents..

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