Saturday, June 11, 2011

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  • IneedAllGreen
    09-21 02:31 PM
    Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.

    On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)

    In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.

    Good luck.

    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.

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  • alterego
    01-03 12:28 AM
    Pending AOS or 485 is a type of legal status. It also allows you to apply for additional work and travel privileges as long as the underlying 485 remains pending. If you choose not to avail yourself of those benefits that that is up to you. You would end up in trouble only if you violate that by then working or travelling (absent the USCIS permission through EAD or AP). As long as you just sit there and especially if you are a derivative beneficiary, there is no problem.
    That said, many people choose to get EAD/AP in hand in case an employment opportunity or an emergency need for travel comes up. Remember an EAD/AP application may take up to 3mths to get approved.

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  • gcfriend65
    12-06 10:08 AM
    So, did you follow up see what happened on your case or are you just waiting. My lawyer says that the timelines are just like that.

    I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
    even my employer opened a service request.

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  • injrav
    09-09 07:57 AM
    Hi Friend

    welcome to Immigration voice
    Please take some time to go through each and every post, it will give clear idea what IV is planning to do.



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  • vsuri
    02-15 09:49 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.

    Federal Trade Commission [FTC] indicates at:
    Mortgage Discrimination (
    "[A lender cannot] consider your sex, race, or national origin, although you will be asked to disclose this information voluntarily to help federal agencies enforce anti-discrimination laws. A creditor may consider your immigration status and whether you have the right to remain in the country long enough to repay the debt. "

    The above information is relevant to Mortgage loans, but other loans may be subject to similar anti-discrimination statutes.

    Follow the "If You Suspect Discrimination" section of the above web page to file a complaint.

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  • greyhair
    07-01 07:43 AM
    Recently I started looking other options in India, Britain, Canada and Australia.

    Here is what I found just in last 1 week.

    Britain puts new cap on non-European high skilled immigration
    United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (
    Non-EU immigration to the UK: the statistics visualised | UK news | (

    The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
    Canada to welcome high skilled and wealthy immigrants | Canada Updates (

    Australia announced new visa ruler to target Indians
    New visa rules not targeting Indians: Oz envoy - World News - IBNLive (

    This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.


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  • Suva
    11-12 04:17 PM
    Don't give any suggestion on which you don't have any clear knowledge.
    "LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.

    The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.

    When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.

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  • EndlessWait
    07-27 01:47 PM
    Heard back from the attorney - filing after Aug. 17th.
    my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+


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  • drirshad
    09-27 08:23 PM
    And the oldies r gonna retire creating more jobs what will they do then, i m sure somethin goin on to make us suffer especially ..........

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  • srinivas_o
    08-26 11:46 AM


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  • sapota
    07-16 04:43 PM
    That could explain why NSC never got the memo. Remember only EB I-485 is in question.

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  • larmani
    09-04 12:58 PM
    Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!


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  • anilsal
    07-17 10:39 AM
    Here is my classic quote:
    Please accept my sincere "Shame on You" compliment, if you fit all of the following:
    a) Have a IV membership ID on the forums.
    b) Been visiting IV forums in the last 1-12 months.
    c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
    d) Will be benefited from IV work.

    I wonder how you can live with yourself benefiting from the sweat of others.

    To rectify this, please contribute asap. :)

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  • dante1271
    08-26 12:58 PM
    My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.


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  • cbadari99
    05-12 05:51 PM
    Though a little off-topic, this is an interesting read

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  • Dr Phibes
    June 25th, 2006, 03:38 AM
    Cheers Mark

    As I suspected, it is on the sensor.
    I have just run though the mirror lock up procedure, and I was OK with that. I'll take a look at the sensor with a magnifying glass, see if I can see the spec. Failing that, I'll get down to the specialist.

    All this does make me wonder if th DSLR route was wise


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  • punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.

    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.

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  • sid_das
    04-21 06:34 PM
    hey starscream

    - What was the RFE about?

    In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.

    - Are you employed by a consultant or employed full-time at a company's location?

    I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

    - Did your employer have any profit isseus / layoffs reecently?

    - Is your employer TARP funded?
    - Do you have your EAD?
    No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

    Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

    its driving me crazy....:(

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  • aksaharan
    09-08 07:30 PM
    Welcome aboard.. and please vote poll @

    10-26 10:19 AM
    our receipt numbers also start with SRC08007 and its not showing up online.
    checks got cleared on 11th Oct .no ead or receipt yet

    01-05 01:59 AM

    I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

    Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.


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