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  • sunny1000
    06-11 05:39 PM

    Please be careful before replying. If you do not know, don't answer.

    I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.

    Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.

    Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.

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  • priderock
    06-25 02:42 PM
    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.

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  • willigetgc?
    01-21 12:08 PM
    Has it anything to do with immigration??

    It will only start a fight between members on parenting style.. and a bitter fight at that.

    If u like the article you are free to raise your children like that.

    Read this to know what your children will think of you when they grow up ...

    'Tiger Mothers' leave lifelong scars - (

    1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.

    2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.

    4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.

    BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!

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  • h1techSlave
    01-27 08:48 AM
    Initially I also thought that this bill would remove 40, 000 numbers from the numerical queue. But in reality that may not be the case. 40, 000 is the EB1 quota. How many of those are PhDs? Anecdotal evidence is that majority of EB1 now goes to International managers. So number wise this bill may not do much.

    But I wholeheartedly support this bill. Even if this removes 5, 000 people from the queue. It is better than nothing. 5, 000 is two years worth of EB3-I quota :) :)

    Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
    i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.


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  • reno_john
    06-11 11:48 AM
    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.

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  • ashkam
    08-17 11:36 AM

    How many years do they renew the license based on I-485 receipt at Malvern DMV?


    For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.


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  • SivaMayam
    07-17 07:35 PM
    Dear Nachi,

    I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
    Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
    Good luck


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  • kak1978
    08-04 04:46 PM
    We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.

    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.



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  • gkaplan
    04-22 12:13 AM
    country if birth is germany

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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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  • amsgc
    04-02 08:27 PM
    Hi Bhayzone,

    Allow me to help you a bit here...

    First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

    1) The new application should not be counted against the yearly H-1B cap.
    2) Your current H-1B status be "extended" in the US
    3) Your wife's H4 status be "extended" in the US

    Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

    I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

    All this is doable because you can:
    1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
    2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!



    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.

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  • agc2005
    12-25 03:48 PM
    For me It took about 5 weeks. I think it may take about 30 to 90 days.


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  • Humhongekamyab
    06-04 11:02 AM
    You have a decent amount of money in your account(s) and the bank should be obliging you. If I were you I would take my money out of the account and deposit it in a bank close to where I live (BOA has branches all over the US so that might be a good option) and then get a letter from that bank. You can then send this letter along with the statements for the last six months from the previous bank. Don't let this stupid bank treat you like this; if they are not giving you the letter then they don't deserve your business. Go to the local branch of a bank and tell them that you want to open and account and move $12000 from the other bank; there is a good chance they will give you a letter for free.

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  • vbkris77
    12-27 02:29 PM
    So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.

    Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - ( )

    According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.

    The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .

    Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?


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  • Munna Bhai
    01-31 03:28 PM
    Why employer has to pay for revoking I-140 and how much it cost them? Any idea? suggestions??

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  • branpaul_guiao
    06-09 03:09 AM

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010

    is there a premium processing for waiver application?

    I applied for J-1 waiver 3 months ago through No Objection Statement. My home country has already confirmed that they sent the NOS letter to State Dept Waiver Review Division last month, but until now the State Dept hasn't given any update. I checked online and it says documents pending.


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  • eb3_2004
    11-19 12:28 PM
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  • Gravitation
    07-20 02:19 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

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  • kaisersose
    12-07 11:54 AM
    EB1 is typically for Phds with solid publications behind their belts.

    In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

    There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

    complete education at age 22 and join company x as a software engineer
    get promoted to Project manager at age 27 (5 years later)
    come to the US at age 28 ( a year later)
    apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
    get GC at age 29

    you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!

    12-07 04:41 PM
    I was worried because in the application, the admissions advisor was asking em to fill SSN & Visa status information. I was a bit worried to give that information if that is going to be voilated in any way.

    You will be fine, i am on H1 and doing my MS part time!!

    10-31 11:11 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    Well. In non-immigrant visa admissions at POE, ICE officers has their own "power" in determining the period of stay. Even if anyone has 10 year visa stamp, they can admit only for 10 days if they want; no one can argue/challange it at POE. Further truth is; even they can deny admission to GC holder if they want or if they found something fishy. Nothing is guarentee at POE as well as in consulate for getting non-immigrant visa. So, the departure date in latest I-94 is the important date to comply with (to leave US or extend on time).

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