Sunday, June 12, 2011

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  • martinvisalaw
    08-26 07:46 PM
    I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

    If the company can get copies of the cashed checks for filing fees from the bank, they should have the receipt number stamped on them.

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  • LOL123
    02-14 08:55 AM
    Thank You All for the suggestions.

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  • needhelp!
    10-10 09:41 AM
    join hands to work with IV

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  • gulute
    03-16 06:31 PM
    why is it denied?


    My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?


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  • gc4me
    07-08 04:22 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.

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  • dakajo
    07-17 02:26 PM
    My attorney filed my I-485 on July 5th despite the July Visa Bulletin Update. We filed it together with the work permit piece, but not the AP one. The legal assistant told me that we must have an I-485 receipt notice on hand before we are able to submit the application for an AP. Is that correct? The reason I ask is that, in the event USCIS decides to accept July-filed I-485 applications, I wanted to take advantage of the lower filing fee before July 30th. Please advise!


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  • immi_enthu
    12-28 09:39 AM
    Which world are u? These dates are there online for more than 2 weeks now.

    They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?

    Look for the first news item posted today at :

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  • gc28262
    07-21 09:33 AM
    IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
    They are just trying to play safe.


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  • GCNaseeb
    11-14 11:18 PM
    I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.

    I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.

    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.

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  • indianabacklog
    10-28 11:03 AM
    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.



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  • glus
    10-19 08:18 AM
    What do the people in the following circumstance do:

    1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??

    2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?

    According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.

    Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.

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  • GcInLimbo
    12-01 12:28 PM
    Thank You for your reply. Here are the more specifics of the case in short and understandable manner.

    1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
    2) In February 2007 my company got an RFE on my H1B extension.
    3) In Mar/Apr 2007 my company replied to the extension with the requested information
    4) In Apr 2007, my case was transferred to Seattle Local office
    5) In June 2007, my I-140 got approved
    6) I-485 became current in July 2007, and we applied
    7) I started working for another employer in August and the H1B was approved in September.
    7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
    8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
    9) We later withdrew the application as she got her EAD approved and I-485 receipt
    10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.

    Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.

    Once again thanks for your input.


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  • BornConfused
    07-03 10:12 AM

    You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)

    I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D

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  • gc_in_30_yrs
    09-12 08:15 PM
    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.

    Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.


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  • diptam
    07-27 10:12 AM
    Vikram Man,

    You are awesome - Thanks for your help..


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  • p7810456
    01-10 03:57 PM
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

    which center, gcphul?


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  • greenguru
    04-01 12:26 AM
    Sure.. I was having the same question.

    Here is how it happens,

    1. When you file for your I-140 Under EB2 you also provide the A#
    2. So when your I-140 gets approved your 485 case will automatically know about this.

    What you have do
    1. Go to InfoPass and verify that your new I-140 is present on your application.
    2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
    3. your case will be approved in 25 days.

    For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.

    Cheers, GG

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  • rb_248
    07-23 08:55 AM
    One of my coleagues just got another FP notice yesterday. Did any July 2007 filers got second FP notice this year ? Does it mean that things are moving ?Please share your views.

    Please delete this thread if it generates a lot of negative responses.


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  • Green.Tech
    03-03 12:36 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.

    Sounds like you are one of those fake profiles.

    No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)

    07-18 10:18 AM
    If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?


    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)

    I already did it for wife, son and myself.

    Saved about 1500$

    03-29 11:12 AM
    I will still wait for lawyer's opinion.

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