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  • When you change jobs after 485 Filing, is it necessary to change with an EAD or I can get an H1B transfer. I may get laid off, and EAD has not come yet and I don't have the time for EAD to come through. Can I transfer H1B while 485 is pending for less than 180 days without it affecting 485. I will make sure that job duties are similar and I am fairly certain that employer will not revoke I-140. My assumption if that I need to be working on H1B or EAD to maintain legal immigration status and there can't be any gap between the two employments.

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  • Thanks heywhat and abhijitp
    I will re-file it tommorrow.

    And thank God you found IV:)

    But more important... PLEASE contribute in $$, flyers, videos, buy merchandise etc etc!

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  • Only reason I am taking PMP course is because my company provides assistance in fees if its related to my project or helpful to company growth.

    I really preferred to do MBA from college instead of PMP but due to company policy had to stick with PMP.

    points given by FinalGC are certainly true to most of them.

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  • I don't know if my NC is cleared. Tried to find it couple of times calling over phone but always ran into unfriendly IO officers.

    Got out of BEC in dec 2006, I140 cleared in Jan 2007 but then my PD became current only in June 2007. And due to laziness of my law firm, my I-485 filing did not happen in June and got dragged into July 07 mess.

    I think if USCIS had initiated my Namecheck as per normal timeline (sometime around when my I-485 filed , i.e anywhere between July - Sep 2007), then yes, I think it crossed 180 days long time back.

    May be even though your PD is current,but according to CIS shit rule your receive date should also fall under the ProcessingDates and then only IO will look over your case i guess...:(

    This is what happened when i was current in May/June'08 told by Infopass/IO response..again back to circle waiting waiting..

    PD:EB3-I Oct,2001

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  • Can you or somebody tell me the nature of RFE that was issued after invoking AC21. Was it related to semilar/same job category or ability to pay or educational qualification etc etc.

    I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.


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  • Mailed letters for me and my spouse today to both IV and White house....

    IV members, please don't delay - send yours as soon as possible.

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  • u know what, gcseeker2002 is correct to the dot. we do not need a transit visa while coming thru germany in lufthansa. no one even mentions that word. i called and emailed the german consulate b4 i flew out of US, all people including german consulate, travel agent (2 of them),, mentioned that i require it and still i travelled back without it. no one mentioned that word. trust me guys, u wont require it, i just came 10 days ago just with AP.

    NOTE : I also recd such emails from German consulate.

    Hey gcseeker2002, after 300+ postings also how can you post such a thing.

    This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.

    To All Who believe no need to have valid VISA while going back to India or their country.
    This is email got from German Consulate at Washington DC to my collegue.

    German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.

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  • PD: April 1, 2004 (EB2-I)
    140 Approved May 2007
    Name check cleared (according to couple of calls made to TSC IO's in March 2008)
    First set of EAD's approved in September 2007
    First set of AP's Approved in October 2007
    Second set of EAD's approved for self and spouse in May 2008

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  • If I try to use my AC21 then does title matter?

    new offer has a title of "Lead software engineer".Current position is "Systems

    Gurus please help


    As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar

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  • sent the letters to IV and Mr. President.

    Thanks a lot.
    Please ask your friends and family to do the same.


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  • I got Soft LUD on 02/10/2009. I dont know what's going on USCIS?

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  • This is an extremely childish argument. In all honesty, the rules are the rules, we do not make them and nor do we interpret them. In the past the way the rules were interpreted favored EB3 over EB2I. Last year they said they took another look at the language and interpreted the rules as they should have been all along. At that time, there was much argument within this board and others. Those like me kept saying that EB immigration has always had a skills hierarchy and from the language EB category took precedence over country of origin quotas(which were discriminatory anyway). Others including popular posters like UN and lawyers like Ron Gotcher took the other view. In the end the state Dept. decided with the Eb category precedence and horizontal spillover. Should those that suffered the misinterpretation in 2006/7 ask for reallotment of future flows of visas to redress that injustice? No.
    Likewise, many people got the opportunity to file 485s in the summer fiasco. There were hundreds of thousands of people who had already filed and were waiting for years by then, but the USCIS was being their usual inefficient self and not doing squat with their application. Were they not wronged? What about their total lack of respect for the FIFO policy? How would one of you feel in 2012 if someone who filed in 2012 and with a PD the same as or later than you get approved first?
    These are process issues. There are many flaws in the system. Complaining when it grieves you and smiling when it suits you is not correct.
    You guys need to learn to put the mission ahead of your personal interests. IN the interim, if you are able to migrate to EB2 and are confident in your case to be able to do that, then do so. However complaining on and on, and deligitimizing the whole advocacy effort is not how you get your goals accomplished. The singular best solution for everyone is visa recapture. If there was broad participation by everyone affected, I believe it would have happened already. EB3 v EB2 battles and other fault line battles accomplish nothing. Letters to officials along these divisive lines, while it may pacify your anguish a bit, make the community a laughing stock.

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  • I am taking Jetblue from Oakland to Dulles Airport in DC reaching on Sunday (09/16)morning

    I will be staying at
    A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.

    It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(

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  • I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD

    Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.


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  • :cool:. That restriction is for immigrants. As a non-immigrant he should be able to bring as many wives as he wants.

    Some on work visa is ineligible under
    Section 212(a) of the Immigration and Nationality Act reads:
    (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
    (A) Practicing polygamists.-Any immigrant who is coming to the United States to practice polygamy is inadmissible

    In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

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  • In the case of this guy. I can't fault him/her for taking up this option. None of us can. After all, he is playing by the rules right?
    That we are affected does not matter here to the authorities. Why? Once again I ask you guys to realise that this immigration system is here to serve the employers, not you or me. That is why they can justify this.

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  • Done, thx

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  • I am planning to move India permanently this year end,
    What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.

    Krishna, Can you say "not live *here* anymore" and not "live anymore"?

    There is the thread on 401K which is quite useful.

    Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:

    Have you looked at Canada? Anyway, Home is the best!

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  • Here is an old limerick :

    There was a young fellow from Lyme
    Who lived with three wives at one time
    When asked: "Why the third?"
    He replied:"One's absurd,
    And bigamy, sir, is a crime."

    I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.

    Maybe your I140 was withdrawn by the company A.


    I am also July23 filer. Transfer TSC - CSC Finally NSC.
    Today, I got FP for my wife for Dec-01 (Saturday:confused:).

    Hoping, mine will also come soon.

    One more thing...we called USCIS on 23rd Oct separately. They didn't open SR. My IO or Cust Rep said wait [more time-no timeline] and u will get ur FP notice. On the other hand my wife's IO or Cust. Rep said you get in two weeks. Now I see that her FP was issued on 5th Nov (2 weeks timeline).

    goood luck all

    may be i should also try calling USCIS and open SR for my FP notice,
    I'll wait for one more week before I call em'.

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