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  • raysaikat
    10-20 03:32 AM
    My wife is maintaining her H4 status since Feb 07 and last entered US on H4 visa in July 2010, we have our EAD cards based on pending I485 filed in Aug 07. Her AP is valid till Jan 2011 and I am on H1B. she started working on EAD couple of weeks ago.
    My question is: does the fact that she entered last on H4 affects her ability to work on EAD? Will it cause any problems in I485 approval.

    Since she is working on EAD, her status is no longer H4 (the new status is AOS, so to speak). Other than that, there is no issue.

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  • akhilarmn
    11-24 01:05 AM
    Update on my case, as mentioned above -
    I got the H-1B transfer approval along with I-94. I hope this information helps someone in a similar situation.

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  • nithinsurendran
    04-10 02:24 PM
    Thanks a lot for your prompt reply. I have not applied for 140 or 485 yet. Without applying for these there is no way we can apply for EAD right?

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    05-18 11:36 AM
    Have them check at the Local Consulate. That will be their best bet


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  • binadh
    11-30 10:39 PM
    1. YES
    2. NO
    3. NO

    Hi all,

    Can an eb3 with pendding I-40 apply for visa lottery? would that effect the current i-485 application if visa lottery not won? will it cause to the refusal of the I-485?


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  • LegallyWise
    09-20 08:57 PM
    I would appreciate a response to my immigration questions as discussed below from anyone knowledgeable on the nuances.

    I immigrated here at the age of 5 (in 1988) with my parents. We overstayed our visitor visas.

    In 2004, I married my high-school sweetheart, he petitioned for me and in 11/2005 we interviewed and I obtained my conditional permanent residence.

    In 9/2007, we signed the documents to convert my conditional to legal permanent residence. I became a legal permanent resident in 8/2008.

    After the signing by both parties but prior to receiving permanent residence, in 10/2007, he filed for divorce claiming constructive abandonment for 10 months. This was not what happened, and I was legally unwise, so I did nothing and signed the papers. I consulted my immigration counsel (in 8/2008 after receiving legal permanent residency) and the paralegal gave me the roundabout about having to see the divorce papers and he said that I may be penalized for the divorce at the time I apply for citizenship because of the 10-month constructive abandonment provision.

    I consulted with another immigration lawyer who said this would not be a problem at all.

    I have left the situation alone until now. I am looking to leave the my current immigration counsel due to their incompetence.

    1. When can I become a citizen (do I have to wait 5 years from 11/2005 due to the divorce)?
    2. What are the foreseeable problems when I apply for citizenship?
    3. Do I have to take any other steps?

    I look forward to any responses on this and appreciate the help in advance.

    Thank you.


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  • shae marks
    05-31 09:41 PM
    Hi Immigration Gurus,

    I have a valid H1B Visa which is expiring on Feb 16th, 2008 and my old H1 is expiring the same day as my Visa. I applied for my H1B extension my H1 extension is pending. I am planning to go to india on Dec last week and coming back on jan 7th.

    1) Can I travel without any problems/
    2) While coming back, what are the documents I need to show, will my old H1 is enough or do I have to show receipt of showing I applied for extension?

    I really appreciate your time and advice, advanced thanks

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  • kittu1991
    01-15 06:45 PM
    If you want to get some data that is usefull to more people( and not just you), remove all those approved (let them enjoy their life) choices and expand the >2002 to different years.


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  • satishku_2000
    09-22 12:37 AM

    My pending I-140 (filed an year ago...June 2006) was transferred from TSC to NSC on 09/05/2007, because my I-485 was filed with NSC. What date willl NSC use as received date to process my case...the date they received from TSC or the original receipt date?

    Isn't it(140 filed at TSC almost an year ago) supposed to be certified by now?
    TSC has been much faster at certifying 140s . Looks like USCIS is transferrring the 140s from TSC ... I can only pray for alll concurrent fileres that filed at TSC ...

    140s at NSC are almost taking an year according to latest processing times.

    Just curious did you have an RFE?

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  • redddiv
    07-11 10:23 AM
    Mention the source... No need for more rumours..

    Some news are saying the Senator and the House are about to introduce seperate immigration bills. Do we still have any chances this year? Should it be easier to pass a seperate bill that may be more or less favorable to our legal immigrants?


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  • cygent
    11-19 10:20 PM
    In most of the job boards, we see the following employment types:

    1. Full Time (this I understand :))
    2. Contract - Corp 2 Corp ---> Headhunters
    3. Contract - Independent ---> Citizens
    4. Contract - W2 ---> EAD/GC
    5. Contract to Hire - Corp 2 Corp/W2/Independent ---> Likewise as above, only on contract 1st

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  • akshayae
    09-07 11:09 AM

    Members from the DC area will be meeting in the Great Falls (Virginina)public library meeting room from 1 pm to 3 pm on Saturday September 8th 2007. Members in DC/VA/MD areas are requested to meet other members to find out more info about the rally and importance of making this rally a success. The address for Great Falls Public Library is

    Date and Time
    Sep 8th 2007 Time from 1 pm to 3 pm

    Meeting Room
    9830 Georgetown Pike, Great Falls, VA 22066-2634
    Ph 703-757-8560

    We look forward to meeting you at Great Falls Public Library


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  • logus
    10-13 09:52 PM
    Hi all,

    I am in the middle of H1-B transfer from Comp A to Comp B.. I have an urgent question,
    Company A didn't run my payroll from 11/26/07-4/11/08 because i was out of the project,since then i have had a consistent payroll no gaps, my question is

    1.will that affect my H1-b transfer?
    2.will USCIS go back that far to verify my paystubs?, and

    Please Please Please reply , if possible any attorneys

    Thanks in Advance

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  • prem_goel
    07-02 10:40 PM
    Yes it seems USCIS is also asking the public to help improve its website. It has posted a link on its homepage "Help improve" which was supposed to take you to another page. Unfortunately that link is broken as of now. If you click on it, it takes you to a blank page.

    I would say, for starters, how about posting links that actually work????


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  • rrarunan
    11-17 10:09 PM
    Hi Everyone

    Just wondering if anyone in the forum can help me with this question.

    My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.

    And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.

    According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the site.

    My question is:
    According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).

    So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?

    Any help would be deeply appreciated.

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  • Legal
    07-23 10:41 AM
    For EB3 case, after receiving the approval for I 140, I know that we have to wait till DOL Proiority Date is current to be able to file for I485.

    If we decide to receive the green card in any consulars overseas, can we just go ahead and file the I485 after getting the I140 approval? (without waiting for PD to be current):

    I am sorry to put it to you this way...............

    but you are deep inside in a hopeless tunnel and you have delusions that there may be a hole you can escape through. Nope.


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    05-31 05:00 AM

    I need some help. Here is my situation.

    I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.

    I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.

    Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.

    Has anyone done this before?

    Any help would be greatly appreciated.

    Thank you for all your answers.

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  • sobers
    02-17 06:58 PM

    McCain Plans a Visit To Rally For Immigration Reform Plan

    By DANIELA GERSON - Staff Reporter of the NY Sun
    February 17, 2006

    A Republican senator is coming to New York to rally support for an immigration reform plan that is winning many fans in immigrant circles. He'll likely arrive before New York's Democratic senators even take a public stance on the divisive issue.

    Senator McCain, a Republican of Arizona who will likely run for president in 2008, will headline a town hall meeting and rally for immigration reform expected to attract 1,000 people to Lower Manhattan on February 27. The evening will be an opportunity for him to push the bipartisan bill he is sponsoring with Senator Kennedy, a Democrat of Massachusetts.

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  • qasleuth
    05-15 11:48 PM
    Can someone shed light on this topic?

    I know Writ of mandamus cases are common for FBI name check delays.

    What about AC 21?

    When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?

    What are the costs involved?

    How much time does it take to get a ruling from the court?

    Per Wikipedia "The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:[3]It must be a duty of public nature and the duty must be imperative and should not be discretionary."

    The last sentence is key. AC21 is the law but USCIS issued multiple 'Memos' clarifying, making rules, giving 'recommendations' etc etc. These memos are not cast in law but sound like "discretionary". It also perhaps depends on the exact reasons for denial. Did the person get an RFE before a denial, the applicant move to same or similar job, was the I140 approved or was it merely 'approvable'. Many moving parts.

    12-12 08:31 PM
    You can register a PACER Account through Federal Court Website, then you will be able to search for other WOM cases in your district.

    07-26 06:42 PM

    I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).

    so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.