Saturday, July 2, 2011

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    12-16 07:52 PM
    Thanks for the immediate response Go Guy!!!

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  • gcisadawg
    03-24 11:02 PM
    I've heard about AC21. What is AC360 - some new USCIS provision ?

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  • mantagon
    11-25 11:12 AM
    I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.

    Has anyone done this�????

    Thanks in advance...

    IMO, you cannot do this as you are moving from a cap exempt H1 to a non-exempt H1. So, in this case it will be regarded as a fresh H1 application and not a transfer. If you want to join Company B, then they have to file a new H1 application which will count towards the cap. Hope this helps!

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  • rovingeye
    07-26 09:08 PM
    My case is not premium processing and the online status changed to "approval notice sent " for 4 days before the status changed to " document sent ". Its an I 140 and I heard that the mistake was restricted to PP cases . So I do not think that is the issue . Some one said it could be the last status on an approved I 140

    Thanks anyway for the info


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  • sandeep_1
    07-19 02:21 PM
    oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.

    My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...

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  • rag_1970
    11-10 08:51 AM
    I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.


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  • wait4ever
    11-12 12:01 PM
    Hi California members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    CAn you tell me the logic of posting multiple threads with this subject - wont just bumping the thread give you the same effect - this is really irritating

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  • singhsa3
    08-08 01:03 PM
    What good is the processing if it does not result in Green Card Production..
    How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?


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  • SageDad
    03-16 06:50 AM
    Hi to all,
    I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?

    She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:

    International Family Law: Hague Abduction Convention and Immigration Status (

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  • bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.


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  • p7810456
    06-18 08:10 AM
    I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.

    BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.

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  • akilaakka
    04-25 09:49 AM
    The president can do very little about this. Indeed he tried. It is the congress .


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  • morchu
    04-23 03:26 AM
    I think I am missing something here. Can't you use the level3 wage listed on your link?

    Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.

    Would you be able to use:

    so what do we do now..How can we get the accurate wage

    if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

    O*Net™ JobZone: NA

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  • sampath
    04-17 09:21 AM

    04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD

    USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
    The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.


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  • zxc1251
    03-10 03:39 PM
    Same thing here.... Applied 1/25/11... Contacted USCIS and second level IO said everything is fine with the application and he was able to see the application in system and pending.... He said something is wrong with online system so it is not showing up online.... Hope he is right.....

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  • waitin_toolong
    05-25 02:09 PM
    she can visit a uscis district office and get a I551 stamp


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  • raysaikat
    05-07 08:42 PM

    My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.

    He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.

    So far i am not able to find other employer who can transfer my H1, and still in US.

    1) How many days I can stay after H1 termination
    0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.

    2) Is it possible to transfer H1 after the withdrawal process initiation.
    There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.

    3) How much time does INS take to withdraw the H1

    4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
    As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.

    Please let me know do I have any other options.


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  • ctu
    03-29 07:21 PM
    i have my stubs till feb 09

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  • jatinr
    08-10 07:38 PM

    Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B ( filers that are in need of faster processing.

    More... (

    11-03 02:36 PM
    Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.

    Hope this helps.

    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.

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