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  • EB3_SEP04
    08-14 09:53 AM
    I am on H1, Applied EAD and Travelling on AP.

    Is there a problem if I don't have approved EAD while I come back?

    NO problem.

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  • dasrik
    07-14 11:54 AM

    Our attorney prepared and filed our (mine and my wife's) 485, EAD and AP in July 2007.
    We received our EAD and AP in 2007 and they are about to expire.
    We are currently planning to renew our EAD and AP and wanted to apply on our own this time.

    In that context, we requested for a copy of our application forms from the attorney.
    We never got to verify the filled application forms until now (the attorney sent us only the pages to be signed at the time of filing)

    To our surprise, we figured out the following mistakes in the application forms:
    1) My I-94# in 485 and EAD application forms was wrongly mentioned. But I had my A# correct and it matches with the one on my EAD.
    2) My wife's date of last entry in US was wrongly mentioned in 485 and EAD.
    3) My mother's name was misspelled (a letter was missing from her first name)

    I am not sure how bad the above mistakes are.

    Here are my concerns now:

    1) Are I-94# and last entry date used during namecheck or any other phase during the overall process? We didnot travel outside US since we applied 485. What if we travelled (the I-94 and last entry dates would have anyways changed).
    Do we need to update these details explicitly after every travel? How important is it to get these details corrected in our applications?

    2) If we apply for renewal of EAD and AP with the correct details this time, is it going to be fine? Do we still need to get them fixed in our 485?
    Will it be a problem for renewal because the details are different from the original application?

    3) What is the procedure to follow in this situation?

    Any advice in this matter is greatly appreciated.

    Thanks in advance!

    EB3 December 2003 PD

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  • Dilemma
    10-22 05:42 PM
    Hello -

    I am in sort of big dilemma. My Background:
    - Single (not married)
    - Currently on H1-B valid until Dec 2011.
    - PD July 2007. Company A
    - I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.

    I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.

    Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:

    - they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
    - I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.

    So, I have following questions to experts here which will help me decide what option to take:

    1) Shall I go ahead with new employer & start using EAD ?

    2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?

    3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.

    Please advise.

    Thanks in advance...

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  • syzygy
    02-12 02:59 PM
    I worked with company A for 6 months and then transferred H1B to new company B with whom I worked for 1.5 years. Meanwhile company A did not cancel my H1B and now when I am thinking of joining company A. Can we use older H1B petition. Is it ok to use older H1B petition or should we cancel older H1B on file and file new H1B transfer?



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  • GrndMasterFlash
    03-30 01:35 PM

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  • kirupa
    10-18 06:56 PM
    Haha - clever :P

    In the future, though, please create a new thread for each entry. That makes it easier during judging.


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  • pdt
    06-14 03:51 PM
    NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?

    Thanks a lot.

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  • imh1b
    03-08 09:04 AM
    It looks like the rumors are no more circulating of people being deported.

    There are no posts on the forum about it. So either there are no deportations now or people have realized that they were only rumors.


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  • SPAD3S
    03-23 02:30 AM
    Nice stamp....Kirupa should do a thing were he picks like 25 peeps in a stamp contest and turns them into real stamps and peopl could buy them off the site for like 5 dollars or somthin lol

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  • delhibaba
    07-24 11:46 PM
    My new employer doesn't sponsors/transfers H1B visa. And my priority date is Dec 04 EB3 so I don't think that I would be getting my GC in near future!

    As per the job I know this one is the safest since the new employer has never ever laid off employees in its entire history. So, I'm not worried about the job security, only thing which scares me is that if there is some problem in my I-485 and I get a denial whether I would be able to switch back to H1B?

    Worst case scenario my wife has a valid H1B and I can switch to H4 and probably wind up the things here :-)


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  • chunky
    08-28 09:08 AM

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  • Blog Feeds
    11-13 04:10 AM
    In response to the major delays with Labor Condition Applications (LCA's), the USCIS announced a temporary policy and procedural change regarding H1B petition filings. Effective November 5, 2009, H1B cases can be filed prior to the certification of the required Labor Condition Application (LCA). This change was necessitated by delays in LCA processing through the Department of Labor (DOL).

    Here is how the new process will work. USCIS will begin to accept H-1B ( petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL�s email giving notice of receipt of the LCA.

    Petitioners who seek to take advantage of this temporary flexibility in the normal filing procedures for H-1B petitions must wait until they receive a request for evidence (RFE) before they submit the DOL-certified LCA to USCIS in support of the H-1B petition. USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE. We welcome this new procedure and hope that it will expedite current H1B processing.

    Read the USCIS memo here (

    More... (


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  • gcwanter
    07-25 02:12 PM

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  • lostandscared
    05-13 04:48 PM

    I was among those randomly selected for further processing in the Diversity Immigrant Visa (DV) program for the fiscal year 2010. Since I currently reside in the U.S., I filed Form I-485 ("Application to Register Permanent Residence or Adjust Status"). Upon having my biometrics taken, I had an interview with an Immigration Service Officer at a U.S. Citizenship and Immigration Services (USCIS) office. Because of a misunderstanding, I failed to bring to this interview an original Form I-134 ("Affidavit of Support") from a sponsor. Please note that my parents and sibling recently became U.S. citizens and are willing and able to be sponsors.

    At the end of the interview, I asked the Immigration Service Officer if I can provide Form I-134 after the fact and he answered no. He made it sound as though a person gets only one chance at an interview with an Immigration Service Officer. He gave me a sheet of paper that had the following ticked off:

    "Your case is being held for file review to prepare a decision. You will be advised by mail as to a decision on your application. No additional information is necessary from you at this time, however, if upon further review, additional information or evidence is required, you will receive notice in the mail. Please respond to any request in a timely manner. Failure to do so will result in denial of your application Please allow 60 days from today's date before making an inquiry on your case."

    1. Is there a way I can provide Form I-134 after the fact? If so, how?
    2. If my application is denied, can I appeal the decision? If so, what are the chances of winning such an appeal and still finish adjusting my status before the DV program for fiscal year 2010 ends?

    Thank you in advance for all your time and assistance.



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  • FinalGC
    05-26 05:59 PM
    It is my guess that USCIS will take the finger printing records that they have in file when we filed 485 and approve the future EAD's.

    I am on the same boat. I applied on May 9, recd a receipt dated May 11 and no additional info after that.

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  • kgaurav77
    04-05 02:51 AM

    My employer applied for my PERM and i-140 in 2005 in the EB-2 category. Both were approved.

    In 2007, I left my employer to pursue an MBA, and converted my H-1B to F-1 visa. Now I am planning to return to my old employer.

    I would like to know whether

    a) if my employer did not revoke my i-140, is my old PERM still vaild? Can I apply for a new I-140 and a new I-485 using my old approved PERM.

    b) if my employer did revoke my i-140, is my old PERM still vaid? I know I can retain the priority date, but was wondering what is the status of my old PERM?

    Any help is appreciated.

    I know that PERM is valid only for 180 days, and an i-140 has to be filed within that time, which was done in my case. However, does the law say anything about PERM validity if the i-140 is revoked?


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  • markapur
    08-05 12:30 PM
    I am still checking with my attorney. But in my case, Company A is ready to revoke my H1 once i move to Company B. So I am not sure what to do. Can I have your personal email id. Otherwise here is mine please reply to: Thanks

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  • alien4ever
    09-25 12:19 PM
    Anyone have any answers?


    I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.

    I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.

    Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.

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  • kirupa
    11-18 04:34 AM
    Sure, let me dig a few of them up!

    12-13 05:34 PM
    It'd be great to get some more IVians to express their opinions/ideas and vote on this thread:

    The idea being bounced around is whether IV should be made an organization funded by membership dues, and benefits provided to members only.

    The benefits:
    - Logistics: Members identified/verified, not anonymous
    - Communication: Improved one-to-one communication rather than hunting for information in forums. Perhaps even a newsletter updating you on what's going on, what's being planned, what are the activities.. and action items.
    - Funding: Sustainable funding for lobbying efforts, media relations, etc.
    - Live Nag-Free! No one asks you what you've contributed in every second post, you don't have to wear the ID tag of your contribution amount around your neck to prevent such questions
    - Community: Be part of a community with a national presence, with local chapters.
    - Legal advice: Get free legal advice in monthly/quarterly/periodic conf calls/webinars
    - Jobs: Job postings or referrals on IV members-only site
    - Business opportunities: Come together with other IV members to explore common business opportunities
    - Myriad other benefits that memberships in professional organizations come with, such as travel discounts for instance.

    The down-side:
    - We may lose about half of our "members"
    - Others???

    Voice your opinions, share your ideas, and vote FOR or AGAINST this proposal here... :



    08-03 07:12 PM
    You will apply at the local SSA (Social Security Administration) office and not at USCIS. Your card will be mailed to you within 15 days in most states.

    Please forgive my ignorance Gurus but I want to know when EAD is approved, how would one receive a SSN? Does that need to applied separately at the local USCIS office? If yes, then as per my understanding this would mean a further delay before one can start work, since it takes time to receive a SSN.
    Correct me if I am wrong.

    I am referring a common scenario for all H4 visa holders who do not have a SSN.

    Please share some knowledge on this.

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