Wednesday, June 15, 2011

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  • alkg
    10-25 06:38 PM
    Dear IV Members,

    I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
    Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.

    Plz help me out as to how can i fix the exchanged dates ???????????

    I will be really thankful to you

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  • Munna Bhai
    07-12 10:21 AM
    any more help??

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  • mbartosik
    09-12 07:34 PM
    If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

    With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

    But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

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  • jonty_11
    03-28 03:27 PM
    hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
    i know so close yet so far...that is the story of most no surprises...

    U r just in the last throes...hang in there...

    How USCIS works is not worth discussing...u can never get an answer from them even if u sue them.
    I know of people who got GC in 2001 in 6 months (from india) while my labor took forever...who can explain that (same state, same Company)....its just not worth the th eend of it all its still a lottery


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  • imneedy
    02-05 10:12 AM
    Shahuja and Raju,
    thanks for your reply, let's hope you get them soon.

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  • fide_champ
    04-06 06:30 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.

    The time limit is 6 months. But if 6 months have already elapsed after filing I485, then you are free to go anywhere.


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  • IneedAllGreen
    11-30 06:38 PM
    Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?


    Did you try to appeal the denial ??
    Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.

    Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.

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  • sunny1000
    01-02 04:59 PM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.


    Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.

    In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.

    CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).

    Below is the link for Advance Parole:

    USCIS - I-131, Application for Travel Document ( D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


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  • houston2005
    03-05 09:30 PM
    We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc
    Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.

    Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.

    They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.

    What a mess 180% fees increase on most of the applications?

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  • tikka
    07-06 11:44 AM
    If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??

    if dates are retrogessed you get 3 year extensions..
    if they are not then you apply for 485 :)


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  • monkeyman
    10-17 01:14 PM
    No, you are expected to fill up all the forms and only once you confirm the appointment (I do not know how much time) - but you will be able to go back in later and print out all the forms. Or if you provide the e-mail id, the system automatically sends you the appointment confirmation along with DS-156 and DS-157.

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  • ita
    05-16 10:17 AM
    Called all of them

    Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.

    The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
    Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
    He said after August recess some of the immigration bills would be passed.

    Thank you.


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  • martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.

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  • eilsoe
    10-03 02:03 PM
    hehe, I hear ya! :P

    Have fun... :evil:


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  • aadimanav
    09-05 03:56 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

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  • glus
    12-09 12:47 PM
    AP could be mailed but the applicant MUST be in the USA at the time of application.

    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:

    My question:
    Can one apply for AP from overseas while AOS is still pending?

    Answer from Attorney:

    If the AOS is still pending you can do it yes. You can even have AP sent to
    overseas consulate. Then it is just called PAROLE lol, as they are not
    doing it in advance. Look at the I-131 and you will see about this and
    possibilities. It should talk about it in instructions.

    Best Regards,


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  • jest_1
    03-15 08:15 AM
    Even if your visa is expired, if you have valid approval notice, you do not need airport visa. You can refer to the following website:
    Exception 4 applies to India.

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  • Ann Ruben
    07-20 07:33 AM
    without seeing your son's complete record and carefully researching the NY criminal code, it is impossible to give correct legal advice.

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  • ita
    10-26 10:28 AM
    Hi ,
    Cna someone give me the customer Servcie #s to call For TSC
    Are they by service center?

    Wat is Second Level Support and what is the # to call them?

    11-27 01:38 PM
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you

    The short answer is, it does not work. It has been permanently banned following heavy abuse.

    Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.

    10-11 03:56 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.

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