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  • I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.

    Is there any way to find out if my I 140 was revoked.

    I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.

    But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.

    Can you guys please advice i will really appriciate your help.


    please be more precise. when you transfered and when did you file your 485 with company A or B.

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  • I believe Mbhai did a dis-service by negating good advice. What is the guarantee that the 2nd women that this guy marries will not ask for divorce? The best thing he can do is find a way to reconcile, unless there is marital infidility.


    I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.

    140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.

    I am sure I am going to get a lot of red dots for this and so be it.

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  • I also would like to hear from others about this question.

    Does this (given below) means DOL has the authority to find something and send Notice of Intenet to Revoke at any point of time during the GC process?

    "The DOL Perm rule, at 20 CFR 656.32 provides for the revocation of approved labor certifications by DOL if a subsequent finding is made that the certification was not justified. In such instances, DOL provides notice to the employer in the form of a Notice of Intent to Revoke an approved labor certification that contains a detailed statement of the grounds for the revocation and the time period allowed for the employer's rebuttal. The employer may submit evidence in rebuttal within 30 days of receipt of the notice. If rebuttal evidence is not filed by the employer, the Notice of Intent to Revoke becomes the final decision of the Secretary. If the employer files rebuttal evidence and DOL determines the certification should nonetheless be revoked, the employer may file an appeal under 20 CFR 656.26 within 30 days of the date of the adverse determination. If the labor certification is revoked, DOL will also send a copy of the notification to USCIS and the Department of State."

    How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:

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  • Hi Shana

    Thanks for continous feedback ,I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.

    Do you think will this be a problem if i use AC21.

    Your inputs will be greatly appreciated.


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  • Not married yet. GC approved much earlier than others.

    I see good news in both these sentences.

    Just kidding.

    Student visa option will work for you, also even if you get married
    H1 is always a option to bring your wife here.

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  • I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
    Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)

    In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.

    my 2 cents.

    What is the situation of foreign masters degrees who qualify for EB2.
    Do they fall in the quota limitation or out of quota.
    Please help me understand.

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  • Thank you - that is good to hear.

    We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.

    My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.

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  • It would be interesting to see how Infy, Wipro etc... will do business when $ == 32 Rs, they will start looking for offshoring to African countries where $ is cheaper.

    Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.

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  • I just sent an email. I am bumping this thread up

    I am ready to coordinate from Lansing, Michigan.

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  • Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

    Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (

    Mr. Sakthisagar, You are correct. we need people like you. you are so concerned about INDIA. please let me know How can I help.

    BTW only Narendra Modi can solve this issue too.


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  • hi people, i read all your comments about how the IV community feels about the DREAM Act, and how you guys dont know if it will benefit the children of legal immigrants that fall into a similar situation. Well i got good news for you people, i am a staff at Massachusetts Immigrant refugee advocate coalition and we had a talk with couple of staff from senators Hagel, and senator Lugar to confirm us which version of DREAM were they doing to introduce this week which most likely could be today or tomorrow. both staff members were positive that the version that will be introduce as an amendment to the defense bill will be word by word identical to S. 774 that was introduce early this spring. what this actually means is that this version of DREAM does not discriminate legal from illegal...... just wanted to clear all that out for you guys..... thanks

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  • Thank you prabasiodia.

    So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
    I think these memos might have been dissected a thousand times, but here they are:

    Continuing validity of I-140:
    AC21 guidelines:

    It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.

    Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status ( ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
    This inference is without any attribution.

    Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.

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  • Hi 'Internet'

    I'm not like you to come with annonymous ID's (like 'internet'). My email id is I'm using it since ages. I have used my email id on IV forum

    I have entered all my details in the forum and send the same details to IV Virginia Chapter.

    In other words i'm a fully registered member with IV Virginia state chapter.

    If you have red my posting clearly, I wrote, I don't bother about RED's/Green's.

    I was hurt for the using bad language by an IV member on a matured immigration forum.

    You responded to my post having not read it properly. This is what is called interpretation issue with the language. This is what I wanted to convey.

    Why are you referring to some thing really not related 'in secure' to this post.

    I'm fighting on the BAD language usage on a forum. When are participants are matured enough what to write on

    Read again and again before respond to some one's posting.

    You will come back with another new annonymous ID. So stop being a hypocrite. If you want to go then go. Nobody cares who you are and for that matter who anyone is in this annonymous forum.

    People come and go when their question is answered or when they get a greencard. People only care about their answers or a greencard. No mature person cares about red and green dots. Only people who who are insecure and have nothing better to do in life crib about red dots. Find a better cause to fight in life dude.

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  • no, its called covering our behind, if in future something comes back to bite ;),
    As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
    Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
    In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?

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  • Please do not spam the threads with the same message .. News articles should go into news article threads please ...

    Britain ruled out the law change 40,000 Indians to comeback home

    US Visa Fee raise by around 66% for all and Green card process,1,6138808.story?coll=la-headlines-nation

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  • Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...

    thank you

    It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.

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  • that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.

    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05

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  • Pixel art is <i>hard</i>. :smirk:

    Eilsoe and Soul are neck and neck at the moment. Gripping! :beam:

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  • Believe it or not, I was about to open a thread like this. And here is the worst part, my AP has been approved 10 days ago, and so far neither the online status changed to approved nor i have received the approval copy. 2 ways I found out my AP was approved was through my local congressman and I took an infopass appointment. In the info pass appointment when I asked what is causing the delay in sending an approved AP, the officer says, if you did not get the approval notice in 45 days, call us back. This after waiting for more than 90days from the date of application. So, its not there until you have it in hand. Merely getting an approval these days is not enough, since they take anywhere upto 45 days to send the approval to you.

    Attrocity to the core and the height of irresponsibility.

    My wife's EAD card was delayed beyond 90 days. I called USCIS 3 times and they did the service request, but told us we would have to wait 45 more days. At the 96 day mark, I quickly filled out requests for my senators office to get involved and they helped out. EAD was in mail the next week.

    I was denied life insurance by Erie based on my non-immigrant status. However, my employer found an alternative insurance company that did not mind my non-immigrant status - but of course charged a premium for the "added risk accrued by foreign citizenship and increased possibility of travel abroad". Its of course a different story that I CANNOT travel abroad frequently precisely for the same reason - the increased risk of DHS denying entry due to foreign citizenship.

    I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.

    For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.

    If you have an approved I-140 and the job description matches that of your Labor, you shouldn't have any issues. The job title shouldn't matter either, it's all in the description/role/responsibilities and the technology. If the technology/tool changes then it's an issue because the Labor you have tells that there is a shortage of people in that area.

    Good Luck!

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