Friday, July 1, 2011

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  • pcs
    06-14 01:05 PM
    My lawer is a delay master & I believe one can file himself. Is there any experienced guy here ?

    Do one has to file 485 EAD & AP together or one can file 485 first & can file EAD & AP later on ?

    What are the big NO NO & traps / mistakes one should avoid ??

    This thread can be a big help for new filers...

    Please share your experience


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  • justice4all
    08-31 03:33 PM
    I am planning to file EB2 and port my EB3-I140 PD. My current position is System Analyst with EB3 job requirement. I can get a promotion but that doesnt qualify for EB2 job requirement. So I am planning to move to a different position, Research Associate which qualifies for EB2(it requires masters degree) with the same employer. Can I file EB2 with this position and port my EB3-I140 PD? Advice pls.


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  • Blog Feeds
    05-25 08:20 AM
    The Immigration and Nationality Act (Act) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States. The purpose of the nonimmigrant�s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant�s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.

    F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.

    M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.

    SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.

    ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.

    Click here for more info for Schools (

    More... (

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  • sertasheep
    06-13 07:51 PM
    Usually, even if the employer or attorney put their address, the USCIS mails the card to the address marked as the home address of the applicant.

    Note that the I-765(EAD) and AP are not mandatory forms. Talk your employer into saying "these are not required right now, we can file later". And once he files the 485 and 140, you can always file the EAD and AP yourself (or use a lawyer).

    I have a feeling he's trying to keep all documentation to himself. Don't let your guard down.

    Purely my opinion.


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  • nobody
    05-30 03:40 PM
    Oh comon you're just too lazy it's perfectly readable :sure:.

    Sure if I stare at it and such. But at a glance.. hey why am I arguing with marijuana?

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  • continuedProgress
    06-13 08:02 PM
    If anyone has gone through a similar situation, please share.



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  • Blog Feeds
    05-19 10:00 AM
    Republican Presidential candidate Newt Gingrich continues to stake out his claim as the sole moderate on immigration in the GOP campaign. Politico reports that he is in favor of a legalization program that will allow "citizen boards" (similar to the draft boards of an earlier era) to determine whether undocumented immigrants deserve to stay in the US. He explicitly rejected a path to legalization. Gingrich is considered a favorite of those in the Tea Party and the candidate's more enlightened positions on immigration support the argument that not all those in the Tea Party are hardliners on immigration.

    More... (

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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools ( .

    The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

    Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

    Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

    If you need assistance or an explanation of the SEVP/SEVIS (, please contact our office ( to schedule a consultation.

    More... (


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  • xtronics
    04-13 02:28 PM
    You can go there. But at risk.
    Please click on the link above to read the stories about the H1/H4 stamping. I know it is for people with research background only, but I heard general cases (like engineering, sports,,) being stuck for more than 3 months as well.
    What is her education background?
    My wife who is a PhD from US university is stuck there from the past 3 months still no word from them.

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  • guyfromsg
    07-23 10:57 PM
    Plzz suggest me

    1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
    2.I got the new I-94 card
    3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
    4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
    5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)

    Thanks In Advance


    I don't think you can send the latest I-94. The out of status is counted after the last entry before filing for 485. Once 485 is filed it cannot be reset. My 2 cents.


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  • fasterthanlight�
    05-16 10:11 PM

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  • kirupa
    05-09 08:15 PM
    Looks really nice sharif ;) Reminds me of your grunge days on the forums last year!


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  • sunny1000
    05-31 01:41 PM
    Can I send my daughter to India for an year without having reentry permit?(she has greencard) (or) what is the maximum period children can stay out of US after getting greencard?

    Please see the below link:

    Good luck.

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  • desi3933
    02-09 02:04 PM
    I am on L2 since my husband is on L1. I work full time for a US employer with an EAD. Now, what would happen to my status if my husband quits his job?

    What is going to be his new status? If it is not L1, then your L2 status is gone as well.

    Not a legal advice.
    US Citizen of Indian Origin


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  • shvinod
    05-27 04:06 PM
    Thanks for the suggestions. I called in the National Service Center and put in a request to expedite the case. Got an email that I can try to visit the local ASC and see if they can collect the biometric. We visited the local ASC today and the were kind enough to collect the Biometric. I hope we get the AP before the departure date..

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  • texcan
    09-05 01:30 PM
    with 90 days validity and I have not seen my receipts or checks cashed yet.

    My lawyer replied to 90 day validity. He mentioned that if at time of sending documents if the check was valid and had not expired then application should be accepted.

    Also he mentioned that with so many procedural errors being overlooked in this last July visa bulletion, this has to be looked over, since this is not a problem of candidate sending documents.

    And there is nothing one can do about it, so i am thinking it will be alright.

    We will be fine.


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  • eastindia
    05-07 03:00 PM
    What about using premium processing to renew H1B? It takes only 15 days.

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  • tillu
    04-03 12:12 AM
    I was also scared to call and thinking too much .... how i will prove this and that.

    Call nearest DOL office from a public phone and with a fake identity...........
    tell them your friend is in trouble and explain the situation to them....they will guide you

    I have talked to them and they need only the name of Company and the name of victim they will do themselves.

    I understand you might not have all the documents/proofs............dont worry.........DOL knows it is a common phenomenon with such consulting company.

    Try it and let us know.
    Good Luck

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    01-23 04:55 PM
    I am on H1 and my husband on H4.

    My 140 is pending.

    We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?

    I want him to be on h4 status till I get 140 approved.

    Thank you.

    I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.

    Why do you want your spouse to continue on h4?

    02-11 02:10 PM
    I think you are required to have passport valid atleast 6months after your interview

    "Valid passport. You are recommended to have passport valid for at least six months beyond your interview date."

    Check the link below

    So best would be to get your passport renewed here in US itself at your Regional Indian Consulate

    07-05 08:42 AM

    I filed my 485 in Dec 2004.My PD is June 2004.
    Got married in 2005.

    If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.

    What would be my Options.

    Please advice.

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