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  • sankap
    07-06 06:05 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"

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  • softcrowd
    02-17 09:46 AM
    "U" does not mean quota is done for FY may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.

    Even i think definitely before Oct itself, EB2 India moves ahead.

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  • TeddyKoochu
    05-19 01:59 PM
    How and how they can prove he is not going to do any work at the location, the client will not be charged for that?

    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....

    I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).

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  • ck_b2001
    12-11 01:29 PM
    I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.

    The photocopying is best left to them as the one you make has potential of having been tampered.

    TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.


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  • tnite
    07-30 02:19 PM
    I wouldnt be surprised if this thread is referenced by numbersusa and as " H1B's using anchor babies to get Green cards"

    They did have it in their fax campaign but removed it.

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  • Rockford
    07-17 02:11 PM
    Excerpt from Gregs blog and comments :(

    "Things are going SOUTH . No agreement and No relief.
    Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."

    Guys take it for what it is worth. I am off to work.... :)


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  • akr_roy
    07-16 07:09 PM
    Lets not count the chickens before they are hatched. Its entirely plausible that if anything favourable comes up, its due to combined efforts. Lets not fight out yet, as if we havent seen anything concrete yet.


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  • winguru
    09-16 10:51 PM


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  • GCAmigo
    12-08 08:18 AM
    everything is behind closed doors.. just wait for the updates form the core team..

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  • wellwishergc
    07-14 08:49 AM
    The pressure will be for H1B provisions. I am not sure, if anyone else, except for us who are caught up in retrogression, cares for GC provisions.

    what it means is - we need to work harder, utilize lobbying pressure to get all the current provisions in the SKIL Bill cleared.

    this probably the best info out there. There is industry pressure, bi partisan support, approval from the senate. just a matter of time.


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  • rajeevkaza
    10-31 01:12 PM
    where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)

    Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.

    Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.

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  • dilbert_cal
    04-27 12:37 PM

    PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.

    But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.


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  • GCwaitforever
    09-25 05:34 PM
    My credit union gives mortgage with higher rates for non-GC folks. I also lost on scholarships for not having a GC.

    Coming back to the original post, Carbon proposed a great out-of-the-box idea. Nothing wrong in selling this idea to NAHB. They are sitting on their profits from last few years and would not mind sponsoring any IV events at DC perhaps.

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  • xgoogle
    08-20 01:52 PM
    Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.

    For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:

    Current Status: Case received and pending.


    PD: 3/3/6


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  • feedfront
    10-05 03:17 PM
    I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
    The web site clearly says that you should be a citizen or a green card to open an account

    Did anyone opened it recently.

    Drop by to local branch and you should not have any issue. Most of institutions have GC or citizens only for opening a/c ONLINE (even CitiBank NRI used to have issue, I'm not sure of it now). It works if you drop by to the local office. I'd also had issue w/ eTrade and Scottrade's online but it worked when I walked-in to local office.

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  • va2000
    10-10 09:30 AM
    My lawyer told me that using EAD will not effected H4 status . It is good to get extensions on H4 along with H1 even you use your EAD to be safer side if some thing wrong with 485


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  • pasupuleti
    01-31 12:21 PM
    I work for a good consulting company, completed 3 years in that company.
    Since it is a consulting company my pay is less unless i go full-time.
    I started thinking about going full-time with other companies and got offers from two companies.

    Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.

    I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)

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  • daishwarya
    07-20 03:03 PM
    @Sanjay, sent you a private message. Please check.

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  • viper673
    06-07 11:03 AM
    I got an RFE letter yesterday asking me to provide 1040 and W-2's from 1999.

    I will be digging in my papers and boxes to see if I still have copies of my 1999 and 2000 returns.

    The IRS does not keep records of 1040's for more than 7 years and when I called them they said they don't think they'll have a record of 1999.

    I'm hoping that I will find my 1999 return, but what if I don't? Has anybody here been asked to provide returns going that far? especially for an Employment-based application?

    The funny thing is that in 1999 and 2000 I was on an F1 visa as a student and I did have a graduate assistantship. I started employment in 2001.

    I feel like the officer is trying to make it extremely hard for me to get my status adjusted....

    PS: I received this RFE after the fact that I went for an interview at the local office and was told that "all my paper work is good and I should receive my card in the mail once the security check was cleared"; which I verified it was cleared a few days after the interview..

    11-11 10:56 AM
    I agree that every single job loss matters and I support keeping jobs here where possible - unless essential.

    Interestingly, jobs lost due to outsourcing are far less than other factors. Here is some interesting survey link:

    Where the Jobs Went - Careers (

    The reason I posted it here is because the anti-immigrant lobby also views immigrants as supporters of outsourcing - which is not true because we look wholistically from an economic perspective. Also we are comparatively less emotionally charged about local issues, something that we should be more involved in to ensure comfortable assimilation for natives and immigrants alike.

    02-16 09:47 PM

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