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  • narentilwani
    03-05 02:04 PM
    I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):

    1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
    2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
    3) EAD valid till October 2010
    4) H1-B valid till October 2010
    5) PD: Feb 2007

    However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:

    1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time

    2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles

    I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:

    1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before

    2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?

    3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?

    4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)

    Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)

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  • apb
    10-01 02:39 PM
    My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
    Company A was laying him off. He tried to go to company B. But Company B was getting folded.
    He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
    He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.

    Now the best part. HE GOT GC last month.

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  • patriot01
    09-25 02:20 AM
    I am kind of in the same situation...But, I don't know if the status means what it says.

    But, I got the status change in Jul 2008 saying that

    'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

    The very next day I got this case status change saying that..

    'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

    I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

    But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

    Thanks in advance.

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  • omved
    08-14 01:07 PM
    Computer would not let officer open SR if your application is well within processing time. So I am not sure, how your SR was opened. Wait for your time to come and your GC would be approved.


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  • mbawa2574
    07-30 06:41 PM
    I am ready to Volunteer.

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  • rajeevkaza
    04-09 12:40 PM
    If your 140 is approved and you are applying for extension you will get 3yrs extension for your H1B if not you get only 1yr extension. So wait for one more month from now to see if you get ur 140 cleared. Pls provide more details when n where did u apply ur 140 for us to give u better suggestion, but yes you can apply H1B extension based on ur pending 140 petetion.


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  • achu
    08-06 04:51 PM
    thanks for the information.

    any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?


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  • mugwump
    01-14 03:00 PM
    I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??

    I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.


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  • gcdreamer05
    02-17 09:49 AM
    How did you come to a conclusion there is a huge rejection rate in chennai ?

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  • Pagal
    07-25 07:39 AM

    As H1-B visa is tied to an employer, you should get the new H1-B stamp with your new employer as the sponsor.

    At PoE, the IO may ask you to show the current employment letter, especially as you are coming to US after a long absence.


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  • loudoggs
    08-10 12:07 PM
    If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.

    I don't think it matters what you are making right now. This is my understanding.

    I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.

    I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.

    What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.

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  • dealsnet
    05-10 12:36 PM
    You need to go out for 365 days to reset your H1B clock.
    You can stay here on F1/H4.


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  • watzgc
    11-15 04:48 PM
    Hi , I just came to know that my son's application was returned due to wrong fee and seems my lawyer resent with correct fee on Oct-19-2007. will USCIS accept the application?. I'm still waiting for the receipt # for my son.

    my spouse and me got the RN, FP and EAD approved.

    anybody has same probllem ?.

    thanks a lot.

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  • saravanaraj.sathya
    08-20 10:16 AM
    I am surprised that nobody from Buffalo is going to DC rally and there are lots of Indian community here...

    Plz respond....


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  • masti_Gai
    01-19 03:55 PM
    For EB2 & EB3 category people it is the Date on which Labor was filed.:)
    For EB1 category people it is the Date on which I-140 was filed.:)

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  • engineer
    12-11 08:02 PM
    this is greta idea! and I have seen it used in my comany ..
    and people are motivated! you can see from recent campaign...people have contributed to 30K goal and we are near!!!!!!!!!!!


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  • hkancharla
    07-18 03:57 PM
    Can any answer this question or put our thoughts on this?

    Now all EB categories being current most of us are applying for 485 so how does the Approval process work?

    Is it the first come first out or
    It depends on the Priority Date?


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  • ajju
    09-24 07:38 PM
    I believe its a good idea to wait for the RFE since that would be the right way to go about this.

    When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (

    Q13: Can applications be filed without a required medical examination report?
    A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.

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  • crao_a
    06-17 04:13 PM
    Hi all,
    Thanks for your time...please help.

    My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
    On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.

    But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�

    Thanks for your advice,

    11-30 05:58 PM
    People at the airports( I assume the same for checkpoints) care more about what's the date on the stamp and if you have a valid H1-B to support.

    In my case, I had a company A's H1-B Visa stamping(Still valid at that time) and Company B's H1B papers.
    Very rarely do they pull-over(it happened for me on a different occassion) and quiz you.

    I believe when you say you are abandoning H1-B you are abandoning the petetion and not the Visa.

    10-29 05:10 PM
    I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
    Appreciate if have any input/info on below,

    1. How much typically a Fed court case cost?
    2. Any recommendation of good attorney for this?
    3. Any other information/input

    What is I148?:confused: