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  • raysaikat
    07-08 07:32 PM
    My H1b application was delivered to USCIS on July 1st. I just find FLC data center has updated new 2008-2009 prevailing wage database which is also effective on July 1st. If based on the previous 2007-2008 database, my salary is above the prevailing wage, but if based on the new one, my salary is a little below that one.
    Which database whill USCIS choose to use on my case?

    Sounds like the new one.

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  • LostInGCProcess
    02-05 02:50 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.

    You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.

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  • cthd
    12-22 10:03 PM
    They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?

    Its only for tourist visas. Take PIO card for your kid.

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  • mrdinh
    April 18th, 2004, 10:47 PM
    Here are some shots with the D2h and 105mm...what do you think?



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  • johnykah1
    01-18 07:18 PM
    My case is like this....

    Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.

    During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
    After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.

    Now my queries with different scenarios is as follow
    Q1)If I file WH4 against him for those bench
    period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?

    Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?

    Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?

    Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?

    Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.

    Appreciate if any attorney can help me in this situatation.....


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  • java_jaggu
    01-22 02:54 PM

    It's no different using the future employment EAD from that of a current employment EAD. However, I would suggest you work for that future employment company for say 6 months before you use AC21 and move on to a different job. This would alleviate the risk of INS considering your case to be fradulent.


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  • sandeep219
    03-27 04:37 PM
    Hello Everyone,

    I have a question related to my H1b. I used to work for employer A till Feb 2, 2007(Friday) and then moved on to employer B. I started on a project for employer B on Feb 12, 2007(Next Monday). At that time it was decided that my start date for Employer B would be Feb 5, 2007 to maintain the continuity in the job experience, although the project start date was Feb 12.

    Now I have moved on from Employer B to C and employer B is saying that they can provide an experience letter showing start date as Feb 12th only because thats how they had it setup at that time.

    This effectively means that I had no job for a week Feb 5-10. I am sure that employer A didnt canceled my H1b so I dont think I was out of status, but can this "out of job" status affect my GC or any other immigration related processing in future?

    As you would notice, this is my first post so please excuse me if a similiar question was asked earlier. Any responses would be greatly appreciated.


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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??


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  • thomachan72
    01-07 06:25 AM
    Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?

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  • pmat
    12-17 02:10 PM
    You can transfer your status from H1 to F1 using a "change of status" form. The main issue is getting the F1 visa stamp. In the visa application form, there is a question which asks whether anybody has filed an immigrant petition on your behalf. As I-140 has been applied/approved, you will have to answer yes for that question. This will show immigrant-intent: but F1 visa is strictly non-immigrant intent - you have to show that you are not planning to stay in US. <--- You will have issues proving this.

    I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.


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  • martinvisalaw
    09-29 11:42 AM
    If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?

    She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.

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  • fasterthanlight�
    05-10 04:04 PM
    Thanks! I'm just wondering why I was the first to think of it. MEh.


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  • dealsnet
    06-03 10:49 AM
    Send RFE reply with USCIS approved doctor's letter to explain the details. Only medical expert can comment about the vaccine. No one can impose vaccine if it is not appropriate with the age.

    I am posting this on behalf of a friend. They (husband/wife) got their green card approval last week, however they got 2 RFEs for their 2 kids. The RFE is about a vaccine called PNEUMOCOCCAL (PCV/PPV) that's not been administered for the kids. The RFE mentions the requirement for this vaccine but the doctor deemed it as NOT-AGE-APPROPRIATE in their filed medical forms.

    Our guess is that when they actually administered the vaccine about a year or so ago, it was deemed "Not age appropriate" but now upon approval, the USCIS deems it necessary. I'd appreciate it if anybody with similar experience can post as to how they handled the situation or any insights into who to talk to is also much appreciated. The family is currently not in the country and therefore their options are limited in terms of talking to or meeting someone face to face. Also they need to respond to the RFE by June 24.


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  • eucalyptus.mp
    04-30 04:04 PM
    HI ,
    MY H1 b is expiring on 30 Sep ,2009 .

    My current client informed me that they are going to hire me as a fulltime , but it will take 2-3 months for them to hire me .

    Should I ask my current employer to file H1 extention right now ?

    Or I should wait for H1 trnsfer as a fulltime employee ?

    Any suggestions ?


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  • eb3_nepa
    02-06 12:03 PM
    Excellent words Ragz,

    However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.

    There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.

    Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.

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  • Canuck
    05-04 09:05 PM
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?



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  • B+ve
    04-09 08:55 PM
    Hi There,
    My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.

    My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.

    So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
    Or does the service center really matters as it will take a very long time for me to get greened?


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  • rajuseattle
    02-28 11:12 PM

    RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.

    I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.

    Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.

    I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.

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  • pappu
    03-10 01:19 PM
    Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
    Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)

    It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.

    06-04 01:43 AM
    I dont know - but call uscis and ask - also you may take an infopass appointment and find out what to do in such cases

    If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)

    04-13 04:54 PM

    My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?

    Can anyone here provide some guidance or point him to the right discussion thread?