Friday, July 1, 2011

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  • bigboy007
    11-01 11:46 AM
    bump ... any ideas please

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  • Prashanthi
    06-23 05:16 PM
    Agree with Hpandey, in this situation, 245K would help and any out of status period is counted only from the time after his latest entry, any out of status periods before that do not matter. Even without 245K i dont think the USCIS will make a big deal of this or even notice, but you never know.

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  • GCBy3000
    08-01 08:50 PM
    What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.

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  • poorslumdog
    05-14 01:07 PM
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!

    I am just asking for information...How you are moving to EB1 from EB2. Can you share with us...?


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  • kirupa
    10-20 03:08 PM
    wow, really nice! :)

    Kirupa :pirate:

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  • STAmisha
    06-30 11:43 AM
    Please check the answers below


    I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

    In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

    1. Can I file new labor in PERM without affecting my current labor and I-140 ?


    2. Do I have to mention in my new labor about my old labor and I-140 ?

    I dont think so. CHeck with a lawyer

    3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

    Check with lawyer


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  • reddymjm
    09-16 06:55 AM
    The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.

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  • willIWill
    01-12 03:11 PM

    I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.

    But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.

    Hope all works out for you.


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  • lskreddy
    07-01 10:48 AM
    Yes & Yes

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  • Anders �stberg
    May 19th, 2004, 12:49 PM
    What do you think? Is this anything?


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  • greendream
    08-22 01:44 PM

    Could you post the URL from the



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  • santa123
    06-09 07:52 PM
    Hello Everyone,

    I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.

    I am excited to join the loooong queue forward!


    Since you applied recently, can you share the list of docs you sent to the attorneys for filing 140? are you EB2 or 3?


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  • purgan
    04-04 08:52 PM
    HI All,

    Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue

    Now for the gurus who have already researched this:
    1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
    2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
    3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.

    I wanted to start a debate of what we are doing because I know several of us will be in the same boat.

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  • nousername
    07-10 03:07 PM
    Please update your profile..

    Here are the answers:
    1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
    2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.

    NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.

    I am currently working as a Functional Solution Architect in an IT firm.

    Current Status: H1B (6th year)

    GC status as follows:

    Priority Date: April 2007
    EAD received: October 2007
    I-140 is approved.

    Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:

    1. Is that permissible and can I use my EAD to work for a new employer in a different field.
    2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.

    Thanks in advance for your response.


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  • GCSOON-Ihope
    09-06 04:52 PM
    You can work 2 jobs as long as you have...2 H1 visas, one for each job!!
    That could be 2 part-time or 1 full time and 1 part-time.
    I believe there could be a problem if you have 2 full-time H1 jobs at the same time...

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  • amsgc
    07-03 01:46 AM
    My attorney is encouraging me to take part in the proposed AILF Class Action Lawsuit against the Government by submitting I-485 to USCIS knowing that its going to be rejected. Anyone decided on this? What are the pros and cons? If there is a favorable outcome, I-485 may be accepted at that time (months? / years?). But here is my big concern: if I am a part of that lawsuit, my 485 may be considerably delayed (my PD is Feb 2005) ! I am aware that IV is encouraging lawsuit too. Any comments?

    My question is, how long is the lawsuit, and what happens to your case if your pd becomes current? Will USCIS process your case if your are embroiled in a lawsuit, or will they wait till the lawsuit is over?


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  • grupak
    11-17 06:41 PM
    Great editorial!

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  • baburob2
    04-29 01:05 PM
    Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
    Some of the factors to consider before refiling:
    1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
    2)Alien requiring a seventh-year extension:
    It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
    3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
    If the above economic factors seem to cause any issues dont refile.

    This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.

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  • number30
    03-12 11:09 AM

    My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents

    Duration to be covered

    My docs ready for the duration:
    W2s ( 2004 - 2008)
    Tax returns ( 2004 - 2007)
    Paystubs ( recent )

    Company docs ready:
    Tax returns: 2004 - 2007

    However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.

    However deadline for filing RFE response is this Wednesday ( 03/11/2009)

    My questions:

    1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
    2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?

    I appreciate your inputs.

    You can send the certfied statements along with bank statements along with explaination. But they will not consider that. But you have send for the heck of sending them

    09-27 07:36 AM
    My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?

    08-10 07:38 PM

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