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  • SertTurk
    07-19 01:59 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"

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  • bigboy007
    04-18 03:50 AM
    But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b

    Thanks virtual55.
    In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
    However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
    AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.

    I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.

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  • Tommy_S
    04-08 03:02 PM
    Yup, the text "suffers".

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  • wanaparthy
    03-25 07:58 PM
    Iam serious and i put it that i felt.

    But later realized that this is not the right place!



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  • sukhmeet
    05-11 02:08 AM

    My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.

    Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.

    So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.

    So in Summary
    Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).

    Here are some of the benefits my company provides to its employees:

    1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
    2. Employer contribution to 401 K.
    3. Payed Vacations, sick and personal leaves
    4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
    5. Tutions and certification reimbursements.

    We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.

    My concerns:

    My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:

    a. Filing h1b extensionfor first time is a problem? can there be concerns?

    b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?

    c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
    h1b extension.

    d. Shall we file for my extension asap ?

    I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.

    Any comments would be greatly appreciated.


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  • sanjaymk
    07-18 12:46 PM
    Thanks to the CORE team and everyone here who chipped in and made us not feel alone in this fight.



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  • shree772000
    07-20 01:31 PM
    Shouldn't craigslist have some checks for this kind of thing. Especially when they are charging for these ads. Youtube has automatic checks to see if someone is posting any offensive and or pirated media for even the free content.

    Can we take it up with craigslist so they monitor this kind of postings.

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  • krishmunn
    04-25 04:22 PM
    I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI

    1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.


    Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .

    As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.

    I would say there is not a single travel insurance company (US or India) which provides good service.


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  • sam_hoosier
    02-12 01:42 PM
    Currently its taking the same amount of time at both Nebraska & Texas service centers.

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  • seahawks
    04-28 11:13 AM
    depends on how you filed it, if its premium processing, you get a decision in 4 to 6 days.. amazing what an extra 1000 dollars can do. I waited 4 years to get my labor approved and I-140 in 14 days with premium processing.


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  • dil_ip3
    02-25 10:57 AM
    My wife wants to move from h1b to h4 status.

    Her H1b has started on Oct 1st 2008, and since then her employeer has not found any project and he is not running any her payroll till now.

    What is the procedure to come back to H4.

    She already has H4 Stamping valid in her passport (until August 2009).

    She does not have H1B Stamping on her passport.

    My H1B status is perfect with all paystubs.

    Her lawyers are suggesting her to go out of country and come back on her H4 Stamping.

    I am afraid if any one would ask her about her H1B Paystubs on her arrival back into USA.

    Would there be any problem in coming back on H4?

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  • mkyaj
    03-24 12:19 PM
    My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.

    I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.

    She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?

    How does it work? Did anyone went through similar scenario?

    Please advice.



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  • kishdam
    11-06 03:32 PM
    All Guru's
    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.

    In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).

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  • iptel
    10-17 01:28 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...


    I from California so no idea about Charlotte office.

    Notice of Action that you received tells you things to be done in case you want to change your biometric appointment. Though I am not sure but vaguely remember you have to contact USCIS directly if you want the change. Hope this helps
    Good Luck


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  • milind70
    08-26 11:03 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.

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  • starving_dog
    07-13 01:37 PM
    Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.


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  • vnsriv
    07-20 03:32 PM
    Can you not get a letter from your church/temple in India?
    Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.

    Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.

    Excerpt from US Embessay

    Religious Ceremonies
    In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

    If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

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  • ambals03
    05-10 07:04 PM
    Obama's immigration reform plan: He should admit lots of super-immigrants, the highly educated, future entrepreneurs. - By Annie Lowrey - Slate Magazine (

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  • mnkaushik
    11-07 05:07 PM
    I did use my experience in my current company for my I 140 and my I 140 has been approved. I had 2 years of exp prior to joining my company and my LC was for 4 years exp, so I used 2 years of exp from my current company. From your priority date it looks like you have applied using RIR or traditional. I think it is true for PERM that you cannot use the experience of your current company but for RIR or Traditional you can.

    So your lawyer is right in saying that you can use your exp with your current company.

    03-27 10:45 AM
    Need advise - bumping this up...

    Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?

    I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.

    Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?

    Also, whether some kind of delivery tracking can be done on PO box addresses?

    Please advise folks... Thanks in advance for your help!

    Always used fedex and used this address
    For private courier (non-USPS) deliveries:
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225 D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    12-30 03:58 PM
    By comparing the peaceful mind of having GC Vs going through the process $2000 is not a big money. But the irony is only people who have trust in the process are ready to contribute. For example, when I tried to convince my friends about the importance of IV and its work, I failed to push them to contribute. There are many people who worry about smaller issues like not getting AP/EAD etc, but they are missing the bigger picture. One thing we failed to prove is the fruits of lobbying. I know it is hard to prove it right away and takes some time to see the fruits of our efforts, but when we reach that stage we will have more people who will be comfortable with that stage and do not come forward to contribute. That's the irony. People know there is no such thing called free lunch, but they want it.

    I am not discouraging the idea. Even though we would like to make ebery one contribute, in the interim this idea will provide IV enough money. But we need to make a strong case to get thoese few people who can come forward.

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