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Tuesday, June 28, 2011

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    11-11 11:07 AM
    F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.

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  • eb3India
    12-07 07:56 AM
    Did we ever think about forming a team with other like minded people under one banner? I think we will be able to effect something if all Pro CIR people join hands together and pool our resources. Any suggestions??

    Good idea! here is why it won't work

    AILA sees 11 milllion clients at their door step, so they support more of CIR which mostly favours illegals

    Compete America is more towards corporate interest, they will be happy if they get more H1Bs, they do support more EB green cards, but I don't think itz their top agenda

    IV is formed by guys who are really victims, so we know whatz in our best intrest, none of other groups are not victims they just want to take advantage of current situation

    never the less their policy do align with ours , so I am sure IV core members are in touch with these organization and work them more closly

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  • satyasaich
    04-03 03:41 PM
    In case of an RFE for I140 premium processing, can the company respond via Fax or
    do they need to send the response via Fedex etc;

    For all Premium Processing cases, the service center first sends a fax to the number provided in the I-907 premium processing request form before mailing the hard copy of the RFE. So your lawyer/employer might have already received the fax...Check with them...

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  • chanduv23
    10-16 03:46 PM


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  • pappu
    08-22 06:52 PM
    Read the archives on AC21 and job change.

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  • i99
    09-05 11:31 AM
    I am on the same boat like many.


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  • langagadu
    10-13 10:34 PM
    Mine is 11-3021.00 job zone 4 applied in Jan 2009. Anxiously waiting. :-)

    What is the reason behind you saying 'case may be audited' for the OP. Just curious to check your side of thoughts.

    If your title falls under Job Zone 4, you can still apply for EB2. However, there is a possibility that your case will be audited.

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  • H1B-GC
    06-24 04:15 PM
    Thanks all for your replies!


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  • tosca_travels
    05-15 12:27 PM
    I would like to re-enter the US after my trip since I'll basically be traveling with a backpack. I know I can just ship everything up front but ideally I would like to come back for a few weeks before leaving. Just wanted to know if this was an option.

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  • maine_gc
    08-11 01:51 PM

    My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.

    1) Can we refile I140 with the same category (EB2)
    2) Can USCIS just deny the new I140 because of the earrlier denial
    3) Is there any one who tried this. What is the outcome of the new I140 application.

    Please share your experience and also please advice

    Thanks in advance


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  • GCVivek
    03-29 05:13 PM
    There is no 6-year H1B visa. There is only 3-year H1B visa that can be renewed again for a total of 6-years stay on US soil. If you have spent 5 years on US soil and your tourist visa visits add ip to say 5 months, you still have 7 months on your H1B term. Even if you get a new visa it will be only for 7-months validity. Sometimes, USCIS makes a mistake and issues new 3-year visa but that is a gamble. Why not just stay off-US soild for a few months?

    I left the US for good after spending around 5 years on H1-B sometime last year and have only made entries on tourist visa. Can I apply for a new 6 year H1-B quota since leaving the H1-B status last year or will I have to spend 1 year outside since the last tourist visa entry ?

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  • EB3_SEP04
    08-14 09:53 AM
    I am on H1, Applied EAD and Travelling on AP.

    Is there a problem if I don't have approved EAD while I come back?

    NO problem.


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  • iol_joh
    07-30 06:31 PM
    Since I have already filed my petition, can I change this to Premium Processing from regular processing?

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  • benbear
    10-03 08:18 PM

    At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.

    Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.

    Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.

    USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.

    A Biometrics notice will be issued even if a visa number is not available at the time.


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  • gcdreamer05
    02-03 05:01 PM
    or if you know some website which has reviews of companies plz let me know that site...

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  • mdcowboy
    09-01 01:37 PM
    Hi IV Attorneys,

    My wife's I-797A got lost in transit mail. I was wondering is there a way to order a replacement I-797A and how long would it take to get one. I need to take it to the SSN office as they require original documents to issue a SSN card. Your help is much appreciated!



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  • english_august
    09-23 11:35 PM
    That made me say "Well duh!" :o

    Thanks guys.

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  • sury
    08-15 11:15 PM
    Please check the checklist below and let me know if there is anything I am missing. I am filing AdvanceParole for me and my son
    1 1-131 Application form duly signed
    USCIS - Application for Travel Document ( D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    USCIS - FORMS ( D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    2 a. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and

    b. Make the check or money order payable to U.S. Department of Homeland Security
    3 I-131 Fees

    4 2 passport size photos (2� X 2�) white background.
    5 I-485 (Adjustment of Status) receipt copy
    6 Photo identity document showing your photo, name, and date of birth. (Example: a valid government-issued driver's license or enlarged passport copy.
    7 Mailing address for Service center depends on which state you live in US. Refer USCIS website.
    8 1-129 (H1-B petition copy).
    9 I-94 Latest copy.
    10 I-539 (H4 petition copy).
    11 Copy of Driver�s License.
    12 EAD copy.
    13 Copy of previous Advance Parole.

    8,9,10, 11 are optional.
    10 is for the dependent family members.

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  • H1B-GC
    08-07 02:30 PM
    Take an Inpass Appointment and Meet local USCIS officer and ask for help... Letter or Duplicate EAD. If you have a Job Offer letter they Might expedite the EAD Request..

    09-24 12:59 PM
    Few SSA offices do allow to submit application for SSN few days before 10/01. But few of them donot allow and suggests to come on or after 10/01.

    So just give a try. But request them if they were able to find your information in the system. Few offices, though they donot find in the system, they take the application but few of them say that they could not find the information in the system and will suggest to come back again.


    05-03 08:51 PM
    1. You dont need to extend I94. The pending 485 petition keeps you in legal status. You can keep working based on EAD.
    2. Yes you maybe able to switch back to H1B. But NO, you may not get 2 years (the clock doesn't stop).

    1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?

    2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?

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