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  • andy garcia
    06-05 01:09 PM
    (d) Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.

    this could be read 2 ways...either you need have an approved I-140 prior to filing for portability OR the adjudicator needs to approve the I-140 prior to determining portability.

    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.

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  • GCBy3000
    01-10 04:42 PM
    Any voluntary job is good in resume. The resume is to show how you are and what skills you have. Volunatary job shows that you are not the one who wants to be idle and also it shows that you have some intention to do service to the society. It is good to have those in resume and also it will help you a lot if you pursue MBA in future.

    My wife is also doing voluntary job for more than a year and on side I had to pay for my child care. Still it is good as she gets some contacts, diversion from routine house hold activities and my kid gets to socialize with other kids.

    Hi all,

    Now H1 period no longer counts against H4 period. As H4 is allowed to do volunteer I work, I had taken up few Volunteer Projects and done some Open Source Projects for keeping my Skills updated.

    Is it advisable to put all these expeience in resume, while applying for a new H1B or only professional experience should be shown on the resume.

    Advice please.

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  • rolrblade
    07-19 10:44 AM
    I Pmed you all the information, then you go silent. I am getting ready to board a plane in 20 mins and will be unavailable for an hour and half.

    PM me back if you need help.

    Just trying to help you dude! Dont ask for help and disappear!

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  • dingudi
    11-09 02:11 PM
    Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's

    I dont think thats true. I know lot of people whose priority dates , are in 2006 and 2005 and they have received their FP.


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  • javadeveloper
    08-20 03:58 PM
    May be , I am not sure

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  • deba
    08-08 01:50 AM
    I am in the same boat. Tho my GC has not been approved yet, I can only suggest that think twice before taking this important decision. If you go ahead and marry right now be prepared for a lot of stress, mental agony, coping with distance etc. I personally feel that this is not the best way to start a married life. I think it would be best to disclose everything to your future wife and her family and go ahead and marry once you have made arrangements that she can visit you on B1/H1/L1 etc or you have made plans to go visit India or be in a third country etc. Good luck and again my advice is not to rush into the marriage at this stage. Take your time and make a final decision after considering all angles.


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  • sc3
    06-20 01:50 AM
    Thought I should share my EB-3 (horror) story:

    First initiated my RIR labor in 01/2002
    PD: Aug 02,2002
    RD: Sept 18, 2003
    Approval: June 19 2007
    I765 & 131 renewed 4 times.

    Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.

    It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.

    Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.

    BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.

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  • Chiwere
    05-29 11:21 PM


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  • moonrah
    06-12 03:47 PM
    As far as I know, it suppose to start at 11:00 it still going on? can anybody please provide update or link?

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  • absaarkhan
    02-13 11:33 AM
    My Attorney Says You will get 3 Year H1B Extension

    Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
    will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.

    I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
    H1B Extension.

    Shana Can you Please confirm with your Attorney again.

    All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.


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  • xeixas
    08-08 06:14 PM
    You can change you job after 180 days with an approved i-140. And job description and duties should be same or similar. So would you say the job duties are same/similar?

    Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)

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    11-29 07:52 PM
    From ILW:

    FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).

    I'm wondering where did you get this information?


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  • tikka
    03-26 03:43 PM
    I spoke to a staff at Michael R. McNulty's office.
    He comes to Albany on weekends only.
    Rest of the time (5 days a week) he is in Washington.
    We can meet staff members any time betwenn 9 to 5 (no appointment required).

    Spoke to staff member at Schumer's office.
    He is not available for a meeting.
    Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
    I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
    We can change if this is not convenient.
    I am not sure if this is gonna help, as it is 2 weeks away.

    Please provide feedback.
    Are you going alone to Schumer's office?
    I am come along if you'd like.

    Varsha send me all the necessary docs. Let me know if I can assist in some way

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  • badlucky
    05-14 06:23 PM
    hmm, i think munnabhai did the right thing.

    sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.



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  • walking_dude
    11-18 08:44 PM
    Wishful thinking has never produced any results. If you desire something, work for it. Only hard work produces results.

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  • coloniel60
    08-16 01:41 PM
    I work with corporate lawyers everyday, and yes they are very smart. However, immigration lawyers are the bottom of the barrel.

    Being smart and cheating people doesn't have to be exclusive. They can go hand in hand.


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  • himu73
    07-19 03:30 PM
    Show that this is an Emergency situation and try to get it preponed from US Embassy. They will consider the request.

    No she cant becuase her visa appointment is on Aug 13.

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  • lonedesi
    04-01 05:39 PM
    Please note that there are two webfaxes (10 & 11) to be sent...not just one.

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  • looivy
    05-31 03:34 PM
    While you are at it, also say "No" to birthright citizenship act HR1868.

    05-22 03:59 PM
    Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?

    Here is what you do if the bill passes without amendments:

    Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.

    Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.

    They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).

    They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.

    That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.


    1. No need to comply to speciality occupation. Work in any line of work.
    2. No need to get labor cert for GC.
    3. No need to depend on employer for temp visas like H1B and GC sponsorship.
    4. More travel flexibility due to advanced parole that comes with Z visa.

    12-21 07:55 AM
    I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...

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