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  • Hi,

    Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
    not completely sure.. please check or ask a attorney...
    No, there is old Child Protection Act and it protects from aging out while I-140 is in process. So child age is determined as age on time of filing I-485 (that means that visa is immediately available) minus time that I-140 was pending with USCIS.

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  • im on I-485 pending. but had to stay in H1B ( 8th year ) to make my wife stay on H4. i have plans for india this spring and do you see any issues while i go for H1B stamping in chennai ?. Any recent experiance / advise would help. thanks.

    Dont forget the APs. Sometimes they refuse h4 stamping if I485 is pending. In such cases use AP.

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    This is USCIS memo, Read Que 5 on page 3.

    Memo clearly says following things not be considered in deciding same/similar job:
    - Wage difference
    - Geographical location
    - new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)

    About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at and he had adviced me it is not a problem. (my 485 is still pending)

    Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
    So it's not the difference that would matter, it would be the absolute salary that could matter.

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  • sorry peeps, im anti database it would seem!! lol
    i just havnt seen the benefits of it yet... for now ill just stick to flashing clients ;) lol (heh i say it like ive had hundreds already as well! :P )
    so wuld u suggest i learn it if im to go into web designing or concentrate more on mastering Flash MX and Fireworks MX (and wen i eventually get it Dreamweaver MX) for now?


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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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  • This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????

    Thanks for sharing information. Can you URL for Murthy's article?

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  • All this would only help the child continue to stay in US with a Legal Status.. But he/she would still be a dependent(H-4) that means cannot do any part-time job & at the same time pay higher tuition fees.. whereas the DREAM Act proposes to give GC status to the children of illegal immigrants.. seems a tad too unfair for those who abide by the law!

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  • So. Cal Members - There is an update posted on our State Chapter's group. you should have an email in your Inbox if you had notifications tuned on. Please act NOW.


    I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.

    Your membership is awaiting approval by the group owner

    Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.


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  • I guess you can either come back or reschedule you FP appt...

    Try your best not to miss the FP appointment. There is certainly a way to reschedule, but with so much backlog, your next date can be very far away. Missing a FP will also impact your processing time.

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  • Thanks for your response ...

    I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...

    My question is what will be one's status after filing I485?

    For adjustment of status you should be in a Valid H1. If you get your EAD before Setp 16th then you can use this to work and you are safe. If you dont get EAD you are basically out of status. So I suggest get your H1 Renewed Right away using Premium or regular processing.

    Again this is my analysis check with your lawyer.

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  • Hi all,

    I am from Grand Rapids. I'd like to help.

    I think, It would be a good idea to get an approximate count of legal immigrants who are stuck in the GC process in Michigan. We should use these numbers to write to our Senator and make them feel that the State of Michigan is not about americans only, its about us as well.

    What are you thoughts? Amit, do you want me to email you on your email address?



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  • I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.

    If I were you I will get her here in July and not take a chance for SEP.

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  • You are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system.

    Thats the confusing part

    This seems to indicate someone else will get benefit payments but not the worker himself / herself.

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  • If the person gets the visa stamped on the passport at the US consulate abroad, I do not see any problems re-entering.

    AP is only optional. You can always get a valid US visa stamp based on the approved petition and use the H-1 visa stamp to re-enter.

    I am not sure what the confusion here is:rolleyes:

    There could be a problem at Point of Entry if the officer notices the exit date before the approval of AP. I think for you to be able to use AP to enter it should be approved prior to your exit out of the country. You might want to consult an attorney or USCIS on this. If the IO at POE stops them there is nothing you can do. So be very careful on what you want to do here.


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  • I would go with the prediction in the Jan 2010 Visa Bulletin:

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
    Employment Second:
    China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
    India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006

    But you have to remember that it moved 10 Days for EB2-I in 9 Months in the Fiscal Year!!!

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  • What's "MTR"

    I thought After 180 days of I-485 ,they can not withdraw the I-140 ?

    search the forums.. the I-140 can be withdrawn anytime. USCIS is supposed to ignore the denial if its been >180 days of your I-485 filing.

    If USCIS does not ignore, then they go ahead and deny the I-485 anyway and that then requries you file a Motion to Reopen (MTR) your case. USCIS makes a mistake, you need to go through hell: while your MTR is being processed (8 months in this case) if you are not on H1 (ie. you used your EAD) then you are out of status and need to stop working immediately. While USCIS works on your MTR you are potentially accruing illegal presence. If it exceeds 180 days, then you better hope your MTR succeeds, otherwise you are now setup for a 3 year re-entry bar into the US. If MTR succeeds, then you are retroactively in status. If it fails, then your out-of-status time begins from the day of your first denial (filing MTR does not give you status).

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  • In short how do I can look up at AACRAO database? I believe that is what USCIS follows.

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  • Are the amendments related to EB relief or visa quota in?

    dont know if they'll consider cantwell/cornyn or come up with a substitute one

    IV core team ... You are an amazingly competent team and have done a tremendous
    job over the last three months.

    I don't think any of us here, including me, has earned the right to criticize this effort
    or demand results, unless we are part of the core team or an active volunteer.

    There are better ways to express our concerns than to spread the negativity.

    Thanks for the reply. I have updated my profile and my service center is TSC. Could you let me know how to contact congress man and any process for that

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