Tuesday, June 7, 2011

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  • sk.aggarwal
    11-06 02:55 PM
    In same context, if I140 is approved with employer A as a future employee. Can present employer use it to extend visa by 3 yrs, w/o going through labor/GC process

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  • WillIBLucky
    05-22 03:11 PM
    Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.

    Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.

    So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.

    I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.

    Good Luck!

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  • gcformeornot
    05-03 02:18 PM
    The Beacon (http://blog.uscis.gov/)

    Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.

    1) Combine EAD and AP into one document and issue for 3 years.

    USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.

    2) Allow people with approved immigrant petition to file an I-485.

    The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.

    3) Do not count the dependents against visa numbers.

    The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.

    4) Publish all the backlog data including that of district offices.

    USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.

    5) Publish visa numbers that have been used to date in the current year.

    Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.

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  • akhilmahajan
    02-04 01:43 PM
    When i said i used AC-21, i meant i changed my employer after 180 days and had used EAD. Yes i have sent USCIS my paperwork, when i switched employers.

    I dont think filling AC-21 paperwork matters in case of the VISA. I never sent my Dad any documents or proof showing that i had sent USCIS the papers for AC-21. Also, i have used AP at that time.



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  • ebizash
    09-30 05:50 PM
    Here it is -


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  • chi_shark
    04-27 01:02 PM

    I hope, all is well.

    I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.

    I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.

    I need your help as:

    (1) Can I work on 1099 (as I have EAD & I-140 is still pending)?


    (2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?

    Please, advise me as soon as possible.

    Best regards,

    I always thought that your I-140 *has to be* approved before you can change jobs with the AC21 rule... no?


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  • Lollerskater
    09-26 12:03 PM
    Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.

    Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.

    are u saying fragomen is no good?

    In no way, good sir. They are awesome in my books.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.

    I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.

    I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.

    I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.

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  • gc_rip
    06-18 01:33 PM


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  • sriramkalyan
    04-02 03:40 PM
    Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels

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  • desi3933
    07-06 12:24 PM
    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?


    From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.

    As per law, it is not permitted to carry over remaining visa numbers either.

    Only a new bill can "claim" visa numbers this way.

    Not a legal advice.


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  • dxldad
    05-12 01:10 PM
    I think the tests are all written there in the form available online. You could download it and get whatever you could from your PCP before you go to the civil surgeon. This would make your life easier.

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  • dyamannavar
    11-28 10:15 AM
    I had a LUD on I140 as well on 11/25. I140 was approved last year.



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  • ek_akela
    06-14 01:05 PM
    Finally after waiting for 5 yr of waiting I am ready to file for 485...a quick question. Last Year I applied for H1 extension along with H4 for my wife.for some reason she didn't get the approval notice(online case does show her case approved ) Now for 485, I need to send her H4 which I don't have..What options do I have? I asked my employer and he was clueless..
    He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
    It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o

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  • h88
    11-16 04:26 PM
    Lol, i didnt c the other part of your attachment Lost, man u rock!


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  • pappu
    02-23 06:03 PM
    Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.

    I am unable to understand 'the last forum topic on the left side'

    Could you please explain or maybe send me a screenshot of the error(info at immigrationvoice.org) and we will fix it

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  • anand622
    03-24 11:08 AM
    Even I am in the current situation. we can discuss or email
    i have spoken to a couple lawyers so we can exchange options


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  • wandmaker
    02-11 11:12 AM
    don't worry be happy

    Remove your site from the signature

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    09-24 04:56 PM
    USCIS dont care ...so dont worry !

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  • pdakwala
    04-29 11:23 AM

    All your efforts are very very important. IV appreciate your efforts. Please keep up the good work.

    To those who have become a member of IV and have not contributed, please contribute. You have already taken your first step to solve your problem by becoming IV member. One would become a member only if they believe in what IV is doing. Contributing $100 is not a big amount. So please move forward and contribute.

    Once again thanks to everyone who have contributed more than once, and to those who are sending emails to their friends requesting them to make some contribution.

    08-30 09:49 PM
    You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

    I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.

    05-04 04:25 PM

    Your highlighted sentence is again for "grant the extension".
    We are talking about "invalidation" of a granted extension.

    Those are two different things.

    And NO. the memo doesnt talk about that.

    There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.

    Hi Guys

    Please read before giving your opinions: as per memo not my words:

    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.

    See links below for more data

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