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  • venky08
    12-06 11:35 PM
    three words dude:


    you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.

    do a google search on rule 104 or somebody else can help you out with this


    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.

    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .

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  • mdy_tvr
    08-17 04:49 AM

    The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.

    My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.

    Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?


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  • rameshvaid
    04-07 10:30 AM
    You should be getting the cards with in this week. A friend of mine got them within 10 days of getting the mail.

    Congrats and start celebrating.


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  • p_kumar
    10-26 01:51 PM
    how does AP look like?. is it like EAD or just a piece of paper.thanks:)


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  • TeddyKoochu
    12-28 10:58 AM
    I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick

    You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.

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  • cooldude
    07-19 09:58 AM
    po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.

    Thanks a lot. It should be fine I guess then.


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  • chanduv23
    03-31 01:55 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

    The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.

    The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.

    You are so close to GC - why take risks?

    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

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  • BharatPremi
    11-21 01:30 PM
    Happy Thanks Giving to IV family.

    Happy Thanks giving to USCIS,DOS, Homeland Security and FBI


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  • nrmarrivada9
    04-04 09:53 AM
    She could be on F1 even before the commencement of the classes. It will not be a problem.


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  • mdcowboy
    08-05 03:42 PM
    --Is it a DREAM?

    to plant this idea into the senators head. :p


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  • munnu77
    08-04 12:32 PM
    It was an audited PERM?

    it was unaudited..

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  • starscream
    06-04 01:26 PM
    This is what I got from the below link


    Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.

    Provisions related to Employment based Greencards:
    *Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.

    * Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.

    This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%

    Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:

    Let the EB folks live this same life?

    God knows...


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  • HV000
    11-11 01:50 PM
    slightly offtopic:
    Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
    This was discussed on IV (& even a link to the exact letter posted) the very day it became public:

    visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)

    Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!

    My post is not intended to lighten the Armenian Genocide event.

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  • Deepika
    08-14 04:38 PM
    Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.


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  • meridiani.planum
    04-22 07:58 PM
    You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.

    Here is a situation....

    Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.

    nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.

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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.


    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02

    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.

    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.


    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.


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  • gcnotfiledyet
    02-28 01:52 PM
    For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.

    If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.

    If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.

    Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.

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  • ak_2006
    06-21 03:37 PM
    Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
    Please look :

    Look this link for photo related information.

    If possible, you can use AAA card for better/free photos.

    But don't look for money, try to get best photos.

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  • willwin
    10-01 09:13 AM
    Ron predicts that democrats will hold the fort after this election and that a CIR bill would pass as early as next year.


    I doubt this.

    Also, looks like USCIS is upgrading their database in an effort to centralize all information that are currently scattered all over. This, they believe, would help them to predict number of cases, category wise, and hence predict VISA cut off dates precisely.

    If this happens, I believe, the spurt of approvals that we were seeing during the last quarter of the FY, for the last 2 years, will not happen anymore.

    This is good and bad. Good as applicants with older PD with get their GC. Bad, as applicants with recent PD will wait forever to file their 485.

    We are in for a very long wait. And this is amidst growing economic crisis, 485 denials based on AC21 etc.

    Good luck everyone!

    03-28 08:12 PM
    This is a very good point.

    Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.

    07-26 09:30 AM
    I 765 EAD Application document.
    Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.