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  • justin150377
    06-28 08:55 PM
    My lawywer mentioned that they could file Monday July 2nd for packet delivery on Tuesday July 3rd. What is the definitnion of the filing date? Is it done electronically so that the filing date is Monday (the date the packet is sent) and delivery date is Tuesday? Or is the delivered date the filing date.

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  • flash.stoffer
    08-07 06:14 AM
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  • wandmaker
    04-01 10:01 PM
    Hello everyone,

    According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?

    Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?

    Please any insight in this matter would be greatly appreciated.

    Thank you

    There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.

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  • WaitingForMyGC
    02-25 02:23 PM

    I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??


    I do not have answers to your question but have few questions of mine
    1. Can non-profit H1 be transferred to regular H1?
    2. While non-profile H1 is in extension process, can new regular H1 be filed?


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  • raviram1980
    01-18 02:31 AM
    hi all,

    I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.

    Please let me know,



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  • kpkrind
    09-05 10:54 AM
    Hello All,
    Here are my case details, please help me.

    - I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
    - My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
    - My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
    - Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

    Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?

    We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
    * Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
    * Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?



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  • gconmymind
    09-19 12:25 PM
    Anytime your place of work changes on H1, your company should file an amendment to the H1B labor certification stating your new place of work.

    Hopefully, the officer at the consulate wont ask and you wont have a problem.

    Personally, I have my client's location as well as my company's location on my H1 LCA.

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  • newbie2020
    08-31 07:06 AM
    The General rule is You are eligible for H1B extn if the following conditions are met

    a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions

    b) Labor and I-140 approved in that case it will be 3 yrs extensions

    Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.

    These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)

    Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case


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  • clifford
    02-02 06:06 PM
    Thank you for replying. My Apr 2008 EB3 PD is so deep in the pit that I better take chances to apply again in EB2 .

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  • hindu_king
    06-03 04:53 PM
    I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.


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  • krishna_brc
    01-29 05:40 PM

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

    H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
    Since you haven't started working and assuming you haven't accepted the offer from the
    H1 sponsoring employer, YOU should be fine.

    Please take advise from your company attorney.

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  • memyselfandus
    10-14 10:00 AM
    :(. There is no way she can leave. You can try to expedite using various channels discussed in the forum.

    In certain cases, they do expedite things; specially in cases of family emergencies excluding marriages.


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  • newh1user
    01-22 05:27 PM
    thanks for your response, I think i have given all the information which lawyer required and hopefully everything will be through but just having fear with us rules

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  • smartboy75
    11-01 05:13 PM
    Hey carbon

    You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....

    What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....

    Hope this helps....All the best


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  • crystal
    07-12 10:31 PM
    You get SS after you cross 55 or 58 I think. How knows by then they might bring some law to stop the SS for outsiders.
    There is a archive thread on this already.Read it dear h1bs.
    the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.

    does anyone have any knowledge of non-citizens claiming social security in india?

    as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.


    has anyone actually seen this happen?

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  • raysaikat
    03-03 01:28 AM
    As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........

    EB-1 EA does not need labor certification, but still needs I-140.


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  • sammyb
    11-09 03:01 PM

    The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

    Even if the law prohibits it, still companies pass fees and costs to the employee...

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  • grupak
    03-14 05:30 PM
    IV Members from Nebraska,

    I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.

    Yes that's the spirit. Starting off is difficult but you only need a few dedicated members to get the ball rolling, and motivate others. We have members in different parts of NC, and we are able to get a lot of things done on the phone or internet.

    You can start by creating a google or yahoo group, and verify member information (name, contact info and such) as you sign them up.

    All the best.

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  • deeru
    04-02 12:37 PM
    Hi All,

    Can we get temporary EAD by taking Info Pass? Anybody has experienced this recently...please advise.

    more details :

    My EAD Renewal application receive date is 03/16/2009...I got FT Job offer , but don't have any EAD in hand..company is not willing to transfer H1..I did paper filing...any idea how long its going to take to get the EAD in hand..

    thanks in advance..

    03-19 08:45 PM
    Since you have been given stock, I am assuming that your company is an incorporated company. That means your liability is strictly limited to the amount of money that you invested in buying the stock as long you don't do any fraud.

    06-21 05:15 PM
    I-485 processing times are mentioned here:


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