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  • kshitijnt
    05-03 08:39 PM
    First of all you are on OPT and your status has not yet changed to H1. It will change to H1 in October.

    Your company can cancel H1 with or without your knowledge.

    Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.

    If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.

    Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.

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  • pritesh80
    02-15 10:35 AM

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  • manderson
    07-17 01:04 PM
    I wonder if there are any provisions in there that can indirectly help our backlogs as well? Text of bill:

    This has passed House and I was reading in Oh's site that President will sign it soon. Is it possible to throw in some indirect 485 backlog reduction provisions in there?

    Oh's report:

    07/17/2007: Passport Processing Meltdown to Receive Some Help from Retired Diplomats

    Currently, the department is receiving more than 1 million passport applications a month and holds a backlog of about 500,000 that have been pending more than 10 weeks, instead of the usual six to eight The Senate passed S. 966 bill late last month to allow State to rehire retired Foreign Service employees to staff overwhelmed passport processing centers across the country. Retirees now have little incentive to return because current law cuts their salaries by the amount of their pensions. The House yesterday agreed to the Senate bill and passed it yesterday which is likely to grant the State Department the flexibility to rehire retired and fully trained passport processors on a temporary basis to help existing processors manage the increased demand. The President is likely to sign the quickly. Read on ( (
    Probably I am jumping the gun here but if I am not, hope this post won't hurt IV's agenda.

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  • sivanyk1234
    11-04 08:02 AM
    It will be very helpful , if any one can clarify the new rule FATCA in regards to Indian NRI bank accounts. Will FATCA filing is required for Green Card Holders also.

    Thank you.


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  • yabadaba
    10-26 09:51 AM
    She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

    yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.

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  • Blog Feeds
    12-18 03:40 PM
    Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:

    Communicable disease;
    Criminal record involving crimes of moral turpitude;
    Possession of or trafficking in a controlled substance;
    Trafficking persons;
    Involved in money laundering;
    Previously removed (deported) or previously overstayed a period of admission to the U.S.

    If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.

    More... (


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  • msp1976
    02-09 01:30 PM
    This is from

    In previous years, INS made a distinction between H-1B1 (Specialty Occupation) and H-1B2 (Fashion Model). These days they've dropped the distinction-- specialty occupation workers and fashion models get identical approval notices, indicating simply "H-1B." The H-1B1/H-1B2 distinction is gone, for all intents and purposes.

    H-1B visa status allows "dual intent," i.e. the intent to work temporarily in the U.S. and return home at the end of the H-1B period, plus the intent to apply for a green card (and not return home), should the opportunity become available. In other words, H-1B visa holders can pursue a green card with no adverse effects. Many of the other visa categories (e.g. F-1 student, B-1/B-2 visitor, and even E-2 treaty investor) allow only "non-immigrant intent." Having applied for a green card or abandoned one's residence abroad can be grounds for denial of one of these visas.

    So you can calm down ...have some lunch...

    Please donate to IV ..That is in your self-interest...

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  • PDOCT05
    10-17 09:34 AM


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  • gcformeornot
    05-28 06:26 PM
    #11 - RN date for first EAD
    # 15 - L1B
    # 16 - C09

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  • maddunr
    12-31 03:05 PM is open for questions again - Round 2 this time.

    Can IV post a comprehensive question that all members can vote on?

    If you do post a question, make sure to let us know what to search for ;-)



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  • rkumar28
    07-30 01:16 PM
    Hi Experts,

    I will really appreciate any reply on this.

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  • matreen
    08-22 06:39 PM

    How about this...

    After you applied your 485 and work for the same company for 180 days, also you got your EAD. .....

    Can someone change the employer afterwords (after 180 days) without worrying about H1B visa renewal/transfer?

    If so what are the requirements....common guru's give us some hopes....




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  • reachinus
    07-20 12:38 PM
    Hi All,
    I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
    Did any one come across the same situation....

    what does it mean

    Usually Receipt notices will not have PD's only the approval notice's will have the PD's. Check you 140 Receipt/Approval notice as well. Its OK.

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  • rkumar18
    09-26 07:23 PM
    I didn't get the EAD too...

    I am in the same situation.........
    Labor : EB2 PD March 2005
    I-140 NSC 10/2006
    I-485 & I-765 - NSC - signed by R. Williams at 7:55 AM
    Self & Spouse
    I-485 July 2nd Filed - WACXXXX - Case Transferred to NSC.
    I-765 July 2nd Filed - EAD Received
    Reply With Quote


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  • glus
    09-07 02:02 PM
    Even if they do issue an update what? It means nothing. NSC issued an update it finished receipting July2nd filers 2 weeks back, and even today July 2nd filers get checks cashed.....

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  • Ann Ruben
    10-22 12:39 PM
    I agree that an error in name order on an EAD is not likely to cause any major problems. However, You can apply for a replacement card by filing another I-765. If the error on the EAD is due to a USCIS mistake, no fee is required. However, if you caused the error by providing incorrect information, then you will have to pay the full $340 filing fee again.


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  • milind70
    07-08 05:49 PM
    I'm getting a visa stamping date in Kolkata embassy but I'm from New Delhi. I dont want to take a chance and wait till the dates in New Delhi embassy are available. Can I schedule interview in Kolkata and later when dates become available in New Delhi change it ? I mean can I change the venue of my appointment ?


    I was in a similar situation last year.I had stamped my intial H1 stamps from Mumbai and Chennai. Last year in June i booked my appointment with New Delhi Embassy for stamping in Sept end when i was to be in India. i think appointments were a major issue at that point of time. Returning workers can apply for visa stamp at any consulate/embassy .

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  • nashim
    05-28 03:01 PM
    Q.#11 the date USCIS recieved the application.

    Q. #15 Current Immigration Status ... AOS.

    Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)().

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  • ps57002
    07-31 01:25 PM

    Just returned from traveling abroad. I am hoping my PERM approval from atlanta comes through somehow in time for me to be eligible to apply for I485/140....I am supposed to travel again out of country on Aug 17 to end of august (this is all to help me recoup/extend my h1b for 365 days of LC pending to be eligible for H1B extension)...i know traveling right after filing I485 is lawyer (i think i trust him) says it's ok.

    My question is regarding the I-94 card. I have the 3 yr extension approval on my original H1B that I carry every time I travel. I was told this is most important doc as it has my number or something to track my travel.

    Usually when I am coming back, the INS officer will check it and cross of the already printed I-94 number and copy another number from my approval/extension notice on to it....usually...i think this is done.

    This time when I returned yesterday, the INS officer did not do that. I know she looked at my visa stamp in passport that has same numbers and she updated her comp/system whatever, but no number change on the actual I-94 card was noted. So it has the original printed I-94 number.

    My this a problem. I gently tried asking her if she needed to note/change number on my I-94 and she rudely said "no". So i shushed up not knowing much about this. She didn't even look at it saying once I have stamp, I have no need for that approval notice...i was told otherwise before by another INS officer when traveling while back.

    Also when I do travel on Aug 17, and hand in that I-94 will they track that it's ME leaving since it has none of my H1B approval number on it. I need them to know I left the country so I can recoup the time...

    i'm confused..please help and tell me if I'm ok or need to do something...

    04-30 05:01 PM
    She is French if I am not mistaken..

    Ann Ruben
    08-15 10:34 AM
    Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.

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