Saturday, July 2, 2011

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  • rkdnc9
    12-10 09:53 AM

    I am on H1 right now. I got my H1 last year, Before that I was on OPT (F1). I didnt go to India after I got my H1 and I am employed since the H1 started (Oct 1,2007). I am planning to go to India now in dec. I heard that if you stay more than an year after getting H1 and without getting the passport stamped, I need to fill out an additional form before I got to the visa interview. Is this true??

    Secondly, When I applied for H1, I applied thru company A. But even before the H1 started (which is Oct 1,2007) and as soon as my H1 (for company A) got approved (Sept 10, 2007) I applied for H1 transfer to company B. So I was on Company B's H1 from Oct 1,2007 (which is the actual start date of my H1). Now, would this pose a potential problem at the visa interview?

    Please clear my doubts guys.


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  • desi3933
    06-25 02:40 PM
    Do we need copy of I140 approval notice or original while submitting I 485?

    Copy of the I-140 approval notice

    Not a legal advice
    desi3933 at

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  • gcwait2007
    03-18 01:28 PM
    Many of us (including me) are frustrated in waiting for NSC approval of I-140.

    I was asking my friend how NSC is processing the 140 & 485 applications and he has sent me the following youtube video and I give below the link.

    PS: It is just funny video and let us hope that it is not true :(

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  • psoftinfo
    01-20 02:06 AM
    My Wife had her COS from H4-H1, and I filed my I-485 in July with my wife as secondary applicant and already got our EAD,AP. We are planning to Visit India this month and my wife wants to use her AP while travelling back to US.

    1. Is it advisable or are there any issues with using AP.
    2. Can she use AP that she received as a secondary applicant and continue to work on H1B with her current employer
    3. In Case her Status changes to EAD, can we reinstate her H1B at any point in time without counted against H1B Cap.

    Pl Advise.


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  • glen
    04-08 10:21 PM
    I have heard it is possible to change employer on 7th year of H1-B, though not immediately. The new employer should file LCA more than 365 days before the H1-B expires. Next time when renewing H1-B it can be renewed with new employer.

    Please verify the above thoroughly before taking any step.

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  • Macaca
    10-30 08:54 PM
    Honey, They Shrunk the Congress ( By ADAM COHEN | New York Times, October 30, 2007

    President Bush�s nominee for attorney general, Michael Mukasey, was asked an important question about Congress�s power at his confirmation hearing. If witnesses claim executive privilege and refuse to respond to Congressional subpoenas in the United States attorneys scandal � as Karl Rove and Harriet Miers have done � and Congress holds them in contempt, would his Justice Department refer the matter to a grand jury for criminal prosecution, as federal law requires?

    Mr. Mukasey suggested the answer would be no. That was hardly his only slap-down of Congress. He made the startling claim that a president can defy laws if he or she is acting within the authority �to defend the country.� That is a mighty large exception to the rule that Congress�s laws are supreme.

    The founders wanted the �people�s branch� to be strong, but the Bush administration has usurped a frightening number of Congress�s powers � with very little resistance. The question is whether members of Congress of both parties will do anything about it.

    Congress is often described as one of three coequal branches, but that is not entirely true. As Akhil Reed Amar, a Yale law professor, observed in �America�s Constitution: a Biography,� Article I actually makes Congress �first among equals, with wide power to structure the second-mentioned executive and third-mentioned judicial branches.�

    Article I, which describes Congress�s powers, is the Constitution�s first, longest and most generously worded article. It gives Congress a wide array of specific powers, but also broad authority to pass laws that bring to life �all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.�

    It would be hard to recognize that powerful Congress today. In part, that is because Congress has been unwilling or unable to enact laws on the most important issues facing the nation � Iraq, immigration reform, health care.

    Just as troubling, though, is how it has allowed its institutional power to erode. President Bush has regularly issued signing statements � including on critical issues like the ban on torture � that assert his right to ignore new laws at the same time as he signs them. These signing statements are not just talk. A report by the nonpartisan Government Accountability Office states that in nearly one-third of the cases it looked at, after President Bush issued a signing statement objecting to a provision of a new law, his administration did not implement it as written.

    The Senate has routinely confirmed judicial nominees who make no secret of their belief that the president�s power should be sweeping, and Congress�s sharply cut back.

    The Senate confirmed Jeffrey Sutton to a federal appeals court judgeship even though Patrick Leahy, now the Senate Judiciary Committee chairman, observed that as a lawyer Mr. Sutton �aggressively sought out cases to limit the power of Congress to enact laws protecting individual rights.� It confirmed Janice Rogers Brown to the powerful United States Court of Appeals for the District of Columbia Circuit even though she had suggested that much of the legislation passed during the New Deal � including the Social Security Act � was unconstitutional.

    There are things Congress can do. It can start by speaking out about the importance of Congressional power the way the administration has talked about deferring to the commander in chief. Congress should pass laws that support its own power � like a bipartisan one that Senator Arlen Specter, Republican of Pennsylvania, has introduced to nullify the impact of signing statements.

    The Senate should refuse to confirm nominees who do not take Congressional power seriously. And Congress should make clear that if the executive branch will not enforce its subpoenas, it will use its own �inherent contempt� powers to do so.

    Right now, standing up for Congress may appeal more to Democrats than Republicans. The issue of reining in presidential power is beginning to gain traction among conservatives, however, as they contemplate the possibility of a Democrat � particularly Hillary Clinton � as president.

    Defending Congressional authority should not be a partisan issue. The founders wanted a strong Congress because they understood the importance of ensuring that the most democratic branch have a strong say in how the nation is run.


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  • ragz4u
    03-31 01:58 PM

    If you know anyone who has received backwages, please PM me.

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  • nishaatul26
    10-19 02:15 PM

    If a person is on dependant visa (H4) and applies for green card with their spouse's green card application, can they apply for H1 as well?



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  • Roger Binny
    03-16 01:06 PM
    By the ways, there is also a possibility to request retaining old priority date, without filing a second 485.

    I assume this is just a request letter from attorney or any representative, if they didn't act on it follow-up with a Service Request.

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  • suni
    08-27 01:10 PM
    My friend H1B is expiring this month end but she has valid EAD wth her.When we are planning to use EAD from H1B,what is the procedure for that?Do we have to send any forms to INS for this change of status??


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  • gsrao18
    12-06 06:48 PM
    Anyone... please advice... I am really curious to know as I dont want to be stuck in India and will reconsider my travel plans if there is any issue.


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  • IN2US
    07-25 06:05 PM
    I have moved recently to San Jose. Can anyone help me where to find doctor for my medical check up for my GC.

    check this link

    Hope this helps

    Good Luck :)


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  • test005
    05-12 11:43 PM
    Please suggest.

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  • sethuraj
    03-29 08:12 PM
    My wife came to USA on H4 visa in January 2004. Later when she got a job, she changed that to H1B in September 2004. Since we do not yet have the EAD or green card, her company is now filing the Perm labor certifcation, to make sure that she gets the 7th year extension of H1B. The rule is that you should file the labor before the 6th year starts.
    My question is when does her 5th year ends. Was it on January 2009 based on her arrival in USA or is it on Sepetember 2009 sincw her H1B visa started only on Septemeber 2004?
    Please reply.
    Thank you


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  • gc28262
    04-16 11:35 AM
    Yes, you have to file a change of address form.
    Also make sure your employer files an LCA for the new location.

    Change of Address Regulation (

    Online change of address link (

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    07-27 09:41 AM
    These are the documents needed for AC 21 I 140 Approval, Labor Certification, I485 Reciept, Offer Letter from company B (make sure you have the same job title and the same salary as of your labor certification)


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  • jackrabbit
    03-27 11:34 AM
    If I resign, If my employer cancels my I-140 and use that labor and PD for another person within next 3 months. Can I still use the same priority date if I reach to the I-140 stage in the next 9 months at the new employer?

    I have a nice offer from a reputed company but am worried that my current employer (small-time consulting company) would revoke 140 for the purpose of substituting it...Otherwise they have no problem with me but then it is a business for them.

    I asked them if it is not illegal/immoral to do that. Their reply was that it is illegal only to sell it and not if it is given away as a favor and they seem to have folks waiting on the sidelines...

    I am waiting for that law to ban it but it does not seem to happen...

    * Moving question to new thread since the question got buried by subsequent posts


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  • sjnh_li
    07-28 12:44 AM
    Hi Folks,

    I have a unique situation. Well.. I have been working for a Company A that is owned by my uncle. Iam on H1B in 2nd year and I have my I-140 approved 1 month back. Now I got a new job in another company B with 3 times the current pay of mine. I want to change to the company B.

    My uncle said that he will continuing the process of my GC application, under EB2 in his company A. But I want to transfer my H1B only to the new company B, so I can get into the company B's payroll and get benefits. Can someone suggest how we can handle this without messing up with the current GC process with company A. Does changing to company B under new H1B impacts my GC processing. Can we show that the company A is processing my GC under future employement, though I worked for company A before..

    Please advise the consequences and my options.. I badly want to work for company B..without stopping my GC processing with company A..

    I appreciate your help in advance

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  • rahul_nch
    03-02 05:37 PM
    Hi, i have filed I-140 3 months back and it is still in process. Am I able to file I-485 in parallel to the I-140 now.

    02-09 04:53 AM
    Do they keep copies of the AOS receipt? Is there any other document which will show the receipt number?

    07-15 01:33 PM
    I am in. My 485 is going to be rejected and will be sent back in a couple weeks

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