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  • Just want to share the info that I have received the Permanent residency approval notice Y'day.
    Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.

    congrats bhatt.

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  • I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):

    1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).

    2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.

    This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.

    So, even though we have AP, we would be using our H visas to enter.

    Send me a PM if you have further questions.

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  • Franklin, a Brit, flew from CA and worked 12+ hours/day for 3+ days.

    Another Brit told me, after the rally, that her GC was approved some time back.

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  • Guys, this is not an Indian site. Half the posts have word Indian in them.
    I am not apologetic about being Indian but lets remain true to the IV cause

    The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.

    On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?

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  • I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.


    I may be wrong but my doubts are as under:

    (1)180 days period is from the "Date of FBI Name Check initiation. It is not
    from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
    Check. So I see a big playground for USCIS to play if it decides to play.
    What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
    Do we have a way to know or keep an eye on USCIS about this? At least I
    do not know and if somebody has the information please share it.

    (2) "If 485 Otherwise is processable" then USCIS can go ahead without
    waiting for NC check... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now.. USCIS is making Texas slow
    day by day not moving processing date. I remember Texas was ahead
    with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.

    Expert or differed opinions please?

    Though this can be the case but this is relief to those who have been stuck in NC for years ,so in that retrospect six months is far far better . I think many people can see the things to their interpretation , my take is that you never get everything right on the first time, u revisit and make changes and correct special situations that were not taken care of intially. It is a start atleast now we dont have poeple who are waiting in NC for years and asking about WOM.

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  • I got RFE through attorney. It is asking following details

    1. Emloyment verification letter with present and intended permanent employer

    2. Last two months pay slips

    3. "Although your I 140 petitioner indicated in your initial I485 filing that you were employed by company A at that time, your Form G325 indicated that you were employed by company B and you were authorized by B at that time, please explain discrepancy"

    I am bit worried about question 3. I worked for company A and labor, I140 applied when I was with A.

    But during I485 filing I was with company B and in G325 I mentioned that.

    It looks like company A by mistake mentioned that I was still with them.

    I called my attorney he said its upto me decide which company I should work for.

    But I am not sure company A provides an employment letter for me because I am working for comapny B now.

    If B provides employment letter since it is >180 days since I 485 applied, will there be any issues?

    Please give your opinions...

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  • Few of my friends are trying EB3 to EB2 - which is a good alternative to waiting but doing nothing.

    They believe they are wrongly put in EB3 as they believe their education and job requirements match with EB2. But wrong company policy put them in EB3.

    Will post if I hear back from them.

    Good luck to everyone who is doing this; it's a great step! It is a step worth trying than the endless wait and should be encouraged.

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  • no answers on this !! Does a RFE notice go to both employer as well as attorney???

    140 RFE goes to primary contact on file, usually it will be attorney.

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  • Search ("i-140 denied, urgent help please"). I went thru this, attorney was so-so, not experienced in handling cases like this as he is a small firm. So I went to one of the BIG firms and got it MTR'd and cleared in 3 weeks. I spent 3K, but never thought about it before or after.
    While you work on backup options, dont just let go the current status that you got in 4-6 yrs.
    The new attorney could easily make up for the pay.


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  • Please read......."IMHO" opinion, not anyone's else's and are not we all entitled to opinions? Certain I am sure there are several scenarios that might favor one mfgr over the other........."what if" situations abound.
    It's not the "IMHO" or anything... we certainly all are entitled to opinions - "Canon is better than Nikon" "Nikon is better than Canon" "Contax/Carl Zeiss is better than either" "What are you thinking, Minolta has fine glass too" etc. But it is just the "far superior" thing that got me going, because it simply isn't true, while the other statements certainly do have parts of truth to them. I guess some people do treat camera manufactureres with the same kind of "fanboy-ishness" that geeks do to Intel or AMD. ;)

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  • pwned ... hehehe :D

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  • Machi Green card they are giving go and buy in

    Saravana Stores

    Place to buy Green card, Red card or any colour card

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  • "But make sure that your to-be-used I-140, PD must have captured."

    Not sure what this means?

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  • Actually CIR was started by President Bush to regain hs popularity. Other than that it is complicated and tough to pass thru. Really lawmakers have to work hard f they want to pass because it is tough to satisfy all. So most of them must be cautious unless it comes up for discusson. Moderate people may try to maintain status quo. If CIR is pendng then all the immigration related items including EB relief will be attached to it(People will try to attach so that it can be delayed as much possible). If Congress starts discussion on Jan 2007 possiblity of becoming law is on May if they introduce CIR. But immigration may not be that much national importance issue for US congress. It does not matter whether an illegal immigrant will become citzen on now or 2009. Economy will not have an impact. Similarly a H1 person gets gc now or 2009 or 2011 the impact will be mnimal for US but impact will be heavy for that immigrant. Also Economy may slow down n 2007 and job demand may go down then it is tough to justify increase of H1 when joblessness starts increase.
    I think EB2 will improve much better in coming months and EB3 also PD will move at least a few weeks to few months. Atleast people could extend H1 after 6 years. In 1999 and 2000 people did not have that option and some people left USA and came back after year. So to get gc was challenging atleast for 50% of people for past 10 years. Some people got this easily some time in past.

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  • There are lots and lots of application is rejected based on USCIS error. Stating that correct fee is not issue and I-485 Receipt is not attached.

    Here is the I-765 Instruction states. As per I-765 Instruction page 5 section 7 (A): Adjustment of Applicant C(9):- Form I765 with a copy of I-485 receipt notice or other evidence the form I-485 is pending.
    If you attach any evidence stating that I-485 is pending, they should not reject the application. The USCIS is confused with the date Before July 30 and after July 30, one required fees and other does not require fees. Some clerk is looking at the Notice date instead of receiving date and rejecting the application. This is a lack of clerical training issues.
    We should address this to USCIS or American immigration association.

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  • My DL was renewed for four years, much beyond my I-94 expiry, both the guys, come on to CA...Golden land of jobs, good weather, cosmopolitan and accomdating/tolerant ppl of all races/religions :-). I am still on H1-B though..


    See the above reply. I assume if they allow -I-94 , then EAD should be treated the same way.

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  • What does your attorney say? He/she should have had some idea when they filed under EB2. The attorney should clearly not take a risk regarding educational requirements. Maybe you will have to do the MTR and submit better evaulation (if you feel the degree and experience are suitable). Best

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  • I have two 797s:
    1. Valid from Feb 2006 to June 04th 2007
    2. June 05th 2007 to June 04th 2010

    I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(

    Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.

    So if possible it's better to go in person and explain. My 2 cents.

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  • Same here...We received same FP fees rejected notice but checks are cashed. Our lawyer mailed the proof of cashed checks for 325 + 70. But to our surprise even before that we received appointment for FP.

    I think this is common error on USCIS system. Most probably they will send you FP appointment notice. So relax..

    I talked to my lawyer and they said the checks has been encashed. I talked to an IO, and he said that they did receive the $70. But I asked them why the status saying FP fee rejected. TO that he replied I dont see that. But since we have mailed you a notice, you go acheck the contect of the notice after you receive it.
    But my lawyer send an info from AILA, which says that the USCIS is erroneously rejecting the cases inspite of sending the correct fees.
    I dont know what to do ?

    My file is also sent to des moines IA. been there since june 08.
    PD is current for a while. no updates yet.

    You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.

    Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.

    Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.

    Refer and search for “What If No One Takes Your I-94 Form Upon Departure”

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