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  • sircaustic
    05-13 09:49 PM
    If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.

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  • gcbackup
    10-09 10:34 AM
    I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
    My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.

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  • chintu25
    12-13 03:16 PM

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  • gotgc?
    03-05 10:44 AM
    Hi All,

    I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."

    My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:

    I asked if I can delay this filing until I come lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"

    1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?

    2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...

    3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?

    My POE is SFO.

    Please share your opinion guys..thanks for your help.


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  • cooldudesfo
    12-25 05:11 PM
    Thanks Anil.

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  • jamesingham
    06-12 04:27 PM
    Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

    I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

    The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

    My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

    Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)


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  • desanar
    04-05 08:49 AM
    Please share as much information as you can so it will also help views of this forum.

    Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.

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  • flyingmonkey456
    06-30 02:46 AM
    i'll pay you 10 bucks to eat it :P


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  • sammyb
    12-10 03:32 PM

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:
    China: July through October 2005
    India: February through early March 2005

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005

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  • snathan
    05-15 02:28 PM
    Hi ,

    I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.

    Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
    I talked with a attorney he is filing my COS.

    1) is there anyone in the same situation evr ?
    1) Is there any other way i can follow?
    2) what percent are there chances that my COS will get denied or accepted?
    3 ) My employer is still marketing my resume?

    Any Suggestions welcome!!

    THANKS in advance

    Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.



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  • smuggymba
    12-09 06:25 PM

    Forget about Indian or Bangladeshi - what is your real citizenship?

    Are you indian just born in Bangladesh or a Bangladeshi who was enjoying indian citizenship until you realized it's a retrogressed country.

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  • gcobsessed
    12-04 04:22 PM

    I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )


    Be careful if your I-140 is pending. This issue has been discussed in several threads...


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  • same_old_guy
    07-10 02:53 PM
    Where have you been ?!

    DOS issues in on 6th July and no one know why they did it ! As somene said, may be they have now learnt how to stich 2 html pages together !

    About legal implications, we dont know that yet. But we will once AILF class action suit will be over, won't we ?

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  • looivy
    09-02 02:40 PM
    Thanks for your responses.


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  • ameryki
    07-22 01:17 PM
    I believe she can continue to work if she files H1 extension and has a receipt notice. But if you are pursueing the EAD angle you will need an EAD card in hand physically to go that route. In a way its good that your employer is supporting the EAD efforts but that also takes longer because of documents and information exchanges with the attorney etc. Hope this helps

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  • rabbitboy33
    03-12 07:00 AM
    Any responses? Anyone?


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  • Administrator2
    11-07 04:53 PM
    Dear IV Members,

    For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.

    Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart - Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (


    Team IV

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  • crystal
    07-01 08:53 AM
    are u sure about it ?
    Ya thats true but these people must return these GC's as they were processe by mistake, anyday they figure it out these guys will be out of US ....

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  • mirchiseth
    06-03 05:17 PM
    Hello All

    Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?

    Please share your experience. Is there any thing to worry in this case?

    - ms

    08-05 03:07 PM
    Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status

    Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
    Though that is rarely enforced, it is good to keep in mind.
    You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.

    04-19 11:08 AM
    I will request to sysadmin or IV to start some Poll covering all dates according to Visa Bulletin for EB2 and EB3 for world, India and china. This poll will help everyone to see how many people are in waiting in lines and what can be expected upcoming months ....this poll will not be pin point but will give info little close to reality... Just a thought.