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  • meridiani.planum
    02-01 11:23 PM

    I recently got my 485 approved and got my card too. My wife's case is bit complicated.
    I would appreciate if someone can throw light on this.

    She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.

    I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.

    Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.

    But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?


    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.

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  • p.guptapost
    11-06 05:49 PM
    Guys, Tell me something�If in 2009 total 2K people applied for 485 and the trend continues in 2010, don�t you think that all of EB3 will get their
    GC�s in next 2 years??

    There are total 75K pending EB2 including India, China. Assuming in 2009 there will be 20K GC�s filed, it still leaves 45-50K visas for EB3 for 2009-10.
    Then next year onwards there should be sufficient visas to remove remaining backlog of 100K EB3.

    What do you guys think?

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  • fuzzy logic
    07-01 12:46 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.

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  • ineedhelp
    07-17 07:10 PM
    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.



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  • roseball
    08-07 10:37 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees

    You also need to include the filled in Form I-134.

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  • alterego
    04-12 08:39 PM
    Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.

    I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.

    Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.


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  • saileshdude
    04-27 10:11 PM
    a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.

    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.

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  • arihant
    02-14 02:26 PM
    Hi iptel,

    Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.

    Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.

    Folks preparing material to present may find some useful statistics here.


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  • anindya1234
    06-01 02:20 PM
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  • mhtanim
    06-10 02:40 AM
    Wow.. one should wonder why USCIS wants its' own documents. Don't they have any way to track someone's immigration records in their system?

    Anyway, as somebody else has mentioned - you should consult with an experienced attorney.


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  • dollar500
    04-09 08:05 PM

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  • sam_hoosier
    05-07 03:58 PM
    I am suspecting it will not be favorable at all

    Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.


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  • GooblyWoobly
    07-18 07:24 PM
    1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

    2) What all docs are required for filing EAD & AP?

    1. My lawyer clearly said you can't, unless you file it together with AOS.
    2. I765 and I131 forms. Everything else has already gone in with the AOS.

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  • coopheal
    03-05 04:44 PM
    I had two soft LUDs on 3rd and 4th of March. Did anyone else also have similar LUDs recently?
    I know my PD is not current so nothing really going to happen.


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  • ItIsNotFunny
    12-03 12:03 PM
    Bump ^^^^

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  • tnite
    02-18 01:23 PM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (,,id=174876,00.html)
    The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.


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  • nmdial
    04-08 04:54 PM
    Not sure...since we are all talking about 12K and only 2 months movement. Are they cautious or we are all missing something?

    Personally, I think they (USCIS) have no clue therefore DOS has been extremely cautious.

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  • chanduv23
    03-14 12:16 PM
    Thank you all for your responses. We just wanted to keep a plan B active. Both of us are on h1b and from India. After residency, she will have 3 more years on h1b, and I am entering 8th year on h1b, if we don't get GC after all this, we would like to try various options like India, Canada, Australia etc.. and that's why we started enquiring.

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  • reddymjm
    01-08 08:56 PM
    He needs to send it to the USCIS office in kentucky. you can google and get the address.

    Right answer.

    02-21 11:02 AM

    I thought I am the only poor soul looking for whole month to see the processing dates, Finally they have published today.

    I have seen that I-140 EB3 moved siginificantly But still away from the my receipt date.

    Hopefully you have a good news :)

    01-12 12:37 PM

    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.


    That is not correct, don't do this.

    talk to attorney.

    good luck to you.

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