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  • maddipati1
    11-03 03:13 PM

    are you sure we don't need to pay for Bio-Metric $80 ?

    what about this USCIS update? D&vgnextchannel=8750aca797e63110VgnVCM1000004718190a RCRD

    PDF version link:

    Hi guys,

    This is what my lawyer said.

    If you/spouse have used your EAD or are using your EAD then your "Current Immigration Status" is "Adjustment of Status Pending/Parolee". If not then it is either H1B or H4.

    If you/spouse have actually travlled outside the US and re-entered using the Advanced parole, then your "Manner of Last Entry" is "Parolee". If not then it is what it says on your I-94 (H1B or H4).

    You do **NOT** need the $80 Biometric fee for the Advanced Parole.


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  • pappusheth
    05-17 06:25 PM

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  • immi2006
    07-05 09:50 AM
    So based on what you mentioned below :

    Persons who sent their apps, now if they become curent in Oct, they will process those applications. And all others appls will be returned by Oct/Nov 2007 ?

    Seems like folks have to wait in dark for 3 months ? are u sure about this ? or is it hearsay ?

    I have always been of the opinioin, that the most correct thing for the USCIS to do at this point is to not return the applications, but hold them until Oct. When the window technically re-opens, just swallow everything that is on hold - the window technically only needs to open for a few seconds for that to happen.

    The other thing they should also do is accept all 485 applications till the end of July and process them likewise.

    Giving everyone EAD/AP benefits does not hurt....they can then line up all the 500-700K people and issue the green cards as per visa number/PD/RD availability...

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  • vshar
    05-27 09:54 AM
    Contributed $100. Thanks and wish you folks all the best for your upcoming advocacy event.


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  • paulan
    08-04 02:28 PM
    Please see the answers below:

    Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
    1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
    I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
    2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
    The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".

    The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.

    Keep in mind, that no matter what, you will not be able to work before Oct 1.

    I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.

    You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.

    Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
    So my third question is
    3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
    Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.

    Again THANK YOU for your replies, it's a BIG HELP!

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  • kopra
    04-18 03:26 PM
    I also came with Fragomen filing my H1B case with one of below mentioned US company in ERP, and they started my GC only after 2.5 years of service with them. 2 Years was the norm, but another 6 months will pass to get the experience letters from previous companies with the exact format and tools they want etc...Finally filed in 2008 jan, but after the filing, it has been smooth for the labour, 140 so far...

    HP, Cisco, TCS, Deloitte, IBM, SAP, ORCL....I am going to add one more so called big firm BEARINGPOINT (formerly known as KPMG consulting).

    I know that Fragomen specifically guides and runs the visa/GC related matters of Bearingpoint. They charge 10,000 dollars for a GC case and give clear cut instrucation to Bearingpoint that do not file GC till the very last moment. I left Bearingpoint (16000+ employees and offices in 43 countries...sounds great doesn't it?) because of my immigration issues caused by Fragomen. I joined a desi consulting company with 2 employess. This desi company manager took my GC file in his hand, drove to attorney office and asked him to file it ASAP. No waiting period, no nothing....
    Big corporation + Fragomen is a deadly/toxic combination. Stay away from it if you can.


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  • Macaca
    09-14 03:21 PM
    What keeps
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  • rennieallen
    09-29 04:26 PM
    I understand - I took it all as a healthy debate, I certainly didn't intend to offend anyone. Its been one of the most interesting debates I've had in a while. Hermione, I sincerely apologize if any of my posts have been interpretted otherwise.

    I agree completely with Hermione. Look at the data. It is clear that USCIS is processing applications "quickly" (I quote the "quickly" because I mean relative to other bureaucracies).

    The average time for processing (not including NC, since that isn't within USCIS control, is approximately 120 days). The goal is 180 days, so they are meeting targets (you can argue about the target if you like, but in Canada the processing is more like 220 days).

    The stupidity of giving more and more money to USCIS to speed-up processing, when they are already meeting the targets can not be overstated. The problem is not with USCIS, it is with the fact that there aren't enough visas, and that NC process can take years. If you want an answer to "the problem" you need to make sure you are asking the right question...

    Of course, USCIS management doesn't complain about the additional funds they keep getting (what self respecting bureaucrat would?).

    Quite frankly, I have dealt with many bureaucracies in my life, and USCIS is amongst the most efficient I have ever encountered (I am not sure if they are efficient per dollar spent, but ignoring what they cost, they deliver pretty darned good service for a government agency).

    If users keep (wrongly) insisting that USCIS is the source of the problem, then congress will keep throwing more money at them (and USCIS will happily accept it), and that little slice of the time that USCIS is responsible for will keep getting smaller, but it won't do you (or me) any good, since the lack of visas is the real problem.


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  • Dhundhun
    06-28 06:49 PM

    Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?

    If you e-file then you provide information for both. First I-485 EAD and then OPT card

    If you do paper filing only I-485 EAD.

    Depending on how you have applied, furnish information.

    I have summarized my experiences, which is enriched by others in the following thread You may find some useful information.

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  • ram04
    09-27 04:42 PM
    Prince ,

    Any updates on Denaial notice?

    Please post or PM me . I m waiting to hear from my attorney.

    You are runnig out of time it seems, last week itself you said it is around 14 days.



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  • go_guy123
    08-09 11:02 AM

    Did you read post#43 ont his thread. Doors are closed for canadian PR for those are in NON Managerial IT positions. Try Australian PR. here is the helpful link
    MODL - Migration occupations in Demand for Australia (MODL) (

    Yes you are correct. But if you have MBA in mind in future then you can have a look at Canada. A lot of people on H1B have applied for MBA in Canada and they contact me for

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  • chitta123
    02-08 09:45 PM
    Good Luck, many of us gone thru this but this retro making the things worse.

    As mentioned by rb_248 also i am repeating again
    What kind of job are you looking for? ( Main skillset )
    Where are you located now ??
    Are you willing to move ??

    Post the details May be someone at IV could help you.

    On the side note,
    There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.

    Thank you and all the others who replied. It has all been very very helpful.

    Actually, it is not the job I am worried about. I have already talked to my ex-boss about a position in his company.

    The thing which concerns me is the ability extend my H1B beyond 6 years using the I-140 approved with my current employer. My lawyer was saying that it is not possible. But I do not trust him very much. He has often seemed very bookish, before also.

    From the replies in this forum and other places, it seems like it is possible. Also, I found this in a USCIS document.

    Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
    Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.

    I am going to talk to another lawyer next week and will post what he says here.


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  • sam_hoosier
    12-10 03:32 PM
    This is something a texas IV aspiring member has to go through. I am sure Amma was the participant of one of the successful lawmaker meetings. There is something wrong here when IV is so harsh on a contributing member like Amma.

    Lets be fair here. RSVPing and not showing up is rude & unprofessional, and unbecoming of so called 'high skilled immigrants'. Its besides the point that the concerned members are contributing. Not to pick on any one member, but you can always call up to let the organizer know that you have a last minute conflict come up and will not be able to make it.

    Its about common courtesy & decency :cool:

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  • spulapa
    05-17 12:53 PM
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  • newuser
    06-27 09:24 AM
    Folks, don't make travel plans based on the approval e-mail that will be sent of automatically from USCIS. Mine & my wife's application's were approved and mailed nine days ago (6/18) and we made travel plans for yesterday (6/26) . Guess what. I got my approval notice in mail only yesterday and my wife's approval doc never came. We have to cancel the whole trip now.

    Also, USCIS updated the status on our AP's four days later after the approval e-mail was sent saying the documents were mailed only on 6/22. Called the USCIS customer service three times and I got three different answers.

    1. We sent approval notice on 6/18 and will be sending the AP document soon (In fact there is no such thing called approval notice and AP separately. This guy has no idea what he is talking about at the USCIS)

    2. We sent the approval notice on 6/18 and confirmed that the document is out in the mail where in fact the document I received yesterday had a USPS stamping day of 6/22.

    3. We sent the document on 6/22 and you should be gettting them in less than 30 days. If not please give us a call back.

    Lesson learned. Don't trust USCIS and USPS delivery system and don't make travel plans unless you have all the doc's in hand.

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  • Macaca
    09-17 12:40 PM
    Prejudice is a
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  • jjava100
    06-01 06:03 PM
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  • GCBy3000
    02-13 11:41 AM
    I think this guy is from numbers usa for sure. After writing all the BS, he asks it to take it in constructive way. There are lots of other way to express your concern if it had to taken in constructive way. This is definitely not the way.

    Based on your comments I could see that you are a regular visitor (FREE RIDER ATTITUDE) to IV site for more than a year. We had several threads crying out for funds in very critical time senstive times. At those times you are a mere spectator and now just for posting this bashing post you reluctantly became a anonymous member. All these shows your LEADERSHIP skills and quality of leading the battle from FRONT. If I were in USCIS I would do a background check on these high qualities and ground breaking positive attitudes even before giving H1.

    I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!

    That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.

    I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!

    But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.

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  • chanduv23
    02-02 11:18 AM
    This is another example where lot of noise made and then nothing happens.

    People talk here about filing lawsuit as it it is easy as filing something and on first hearing, judgment will be passed in their favor. Of course, no one even bothers to get initial professional advice.

    Soon, we will have some other topic that will have similar discussion and similar fate.

    Good Luck to everyone.

    Not a legal advice.

    By now you would understand that most people who come here are just making noise. A very few come that extra bit forward to do something.

    Thousands of members were on IV when July 07 fiasco happened and everyone were discussing all sorts of stratagies - but it was the very few hundreds that actually rallied and sent flowers and went the extra step to do someting about it.

    This generation people lack unity, courage and empathy. Everyone wants to just discuss issues and vent but do not want to join hands together to get something done that benefits all.

    11-08 08:51 AM
    ...The perceived opposition to CIR was blown out of proportion by the conservatives and their media cronies like Lou Dobbs. That it did not work clearly shows that the american public too mature and sensible to be carried away by such rhetoric.

    I am not sure but one thing we can see a lot of anti immigration conservatives are not doing too good at house.. so what does this mean.. immigration is an issue by the conservative talk shows...Lou Dobbs.. and people like them and not the gen US public ???

    When President Bush delivered his CIR speech, Lou Dobbs criticized CIR as amnesty and he went on suggesting "No bill is better than a bad bill" to Congressman Sensenbrenner et. al.

    Sensenbrenner took this advice verbatim and finally rejected CIR instead of conferencing on modifying it.
    I think Congress got the blame later and was termed "Do-Nothing Congress" mainly for this.

    It is a bitter lesson for politicians not listening to Senate or President but to Lou.

    IMHO, if Congressman Sensenbrenner took CIR to conference (instead of a month-long public hearings) to remove controversial provisions and pass legitimate provisions like the border fence measures, public would have retained the current congress.

    03-21 09:56 AM
    OK. loud and clear Desi :D

    Now, I have provided the reference to part of AC21 law with my interpretation, which allows visa portability (unofficially known as transfer) from one sponsor to another and excempt from numeric limits.

    All I hear is "incorrect", "wrong" followed by individual interpretation or opinion. I respect all disagreement part, Which may be/not be accurate. Why don't you quantify your comments with references to law or CIS memo? Don't you think discussion need to be healthy and fair?

    Now, I have a lot of filthy and rediculous offensive messages on the discussion threads with reds, which I would not like to post in public. If this is what our anonymous so called "highly skilled" can bring to the table, then I am speachless.

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