Friday, July 1, 2011

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  • alterego
    11-14 08:49 AM
    If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.

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  • gc_chahiye
    02-08 01:09 PM
    This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period

    As far as I know B1 wont count against H1 time, though L1 will.
    L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.

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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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  • Anish_Sen
    02-05 10:42 AM
    My parents are going back to India in April'10 just before completion of their 6 months. But they want to come back again after 3 weeks. They have got their visa for 1 year. So they can stay another 4 months on their 2nd trip from May'10 to Aug'10.

    Is it going to be a problem during their next visa stamping or immigration at airport as they will end up staying 10 months in US out of their 1 year approved visa ?

    Please advise.


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  • tabletpc
    05-27 05:13 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...


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  • LostInGCProcess
    10-07 11:24 AM
    Recently, I e-filed EAD renewal for me. So, there was no issue. Give some more time, like a couple of weeks and if you don't see any change, then call USCIS.


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  • ItIsNotFunny
    11-12 02:42 PM

    We started getting reply from Ombudsman. Please send 4 mails.

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  • vnsriv
    07-05 12:53 PM


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  • GCBoy786
    10-30 01:52 PM

    Is there anyone who has the same status on AP and actually received the approval notice?


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  • us_employee
    08-26 10:52 PM


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  • battineni
    06-09 10:46 AM
    Really good work by IV team

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  • immig4me
    06-30 11:07 AM
    I am on an H-1 and my wife has an H-4 visa.
    We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
    We do not have an AP as we didn't renew it after the first one (from July 07) expired.
    We do have valid EAD�s (which we have not used until now)

    We have to travel urgently to India for some personal reasons in July 2010.
    What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?

    Thanks in advance.

    You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..


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    09-23 04:02 PM
    I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?

    What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?

    Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.

    Though you want to teach ESL, as you are still teaching some thing, it should be good.

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  • GCard_Dream
    06-30 07:23 PM
    Both my wife and I also received a RFE on June 29th but don't know the content of the RFE because haven't received the CIS letter yet. I did submit the BC, however, so I hope that the RFE is not for BC. I don't know what else it could be.. I have been scratching my head since I got the email yesterday. Also called CIS but they wouldn't tell me what the RFE is about.


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  • Jimi_Hendrix
    11-02 09:49 AM
    Let me know. Send me a private messsage.

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  • martinvisalaw
    06-30 11:28 AM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.


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  • Blog Feeds
    07-13 12:48 PM
    AILA Leadership Has Just Posted the Following:

    The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (

    Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()

    Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."

    Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."

    In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. Reuters: U.S. Senate approves $42.9 billion homeland security bill.

    Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.

    More... (

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  • eb3_nepa
    10-27 05:14 PM
    we can pay more fees if they can process our cases fast.:) :) :)

    Unfortunately that is not how it works at USCIS. They increase the fees WITHOUT any increase in service/performance.

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  • rajsand
    10-05 02:18 PM
    Guess you can reschedule it once but dont miss the next one.
    read the fp thread you will get lot of inputs.

    Also regarding Travel :
    are the receipts good enough for international travel or we have to wait for the AP document and then only travel
    Assuming we are using the AP at the POE and not the H1


    05-02 08:09 PM
    haha lol!

    07-14 04:42 PM
    I have 140 approval notice in mail like 1.5yrs back...just today i put the reciept number on USCIS website and it says still pending..i called USCIS and they say they wont be able to discuss my case since 140 is employer specific employer is sayin dont worry and dont bother about online status...i just want to make sure my 140 is really approved and USCIS has the correct update while lookin at my 485 file...i dont want them to put my 485 in hold just because of they thinkin 140 is not approved...

    EB2 - Sept 04

    As long as you have approval copy on hand, you have nothing to worry. You should be concerned only if the status reads as 'case reopened and pending'