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  • friend99
    10-09 04:17 PM
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

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  • diptam
    11-13 03:37 PM
    Jokes apart - I-485 is the actual step of converting someone to a real Permanent Resident.

    You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.

    If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.

    Makes sense ?

    Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:

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  • meridiani.planum
    04-17 08:38 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received.

    just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

    I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)

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  • kumarc123
    05-19 11:10 AM
    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.

    My friend,
    to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

    How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.


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  • GC9180
    06-19 05:59 PM
    lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.

    Well i feel the blood report might say something of that sort...just guessing!!

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  • atlfp
    04-08 01:55 PM
    They probablly will put one or two into it, but I would think most of the conference member will be from other sectors, which could be positive.

    Also, PACE act is almost guarenteed to go through; We can spend all the energy to push the immigration bill to get it through the conference and then get killed again either in Senate or House because of the guest worker program.

    Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.


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  • kumarc123
    05-11 09:50 AM
    I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.

    Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.

    I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.

    Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.

    Unification is very important. Above all doing something big rather than just talking about it!

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  • insbaby
    07-22 07:10 AM
    Now I understand why June 12 VB says "Current". If everyone (atleast 300K) files in July and close the gate, all are stuck in the old fee system, which in future is constant revenue for USCIS.

    300,000 X $600 = $180,000,000 / Year

    can anyone miss this?


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  • sp99
    08-18 02:35 PM
    Nope they don't have any US local channels....i didn't get any signal at my place (North facing patio) for Indian channels thats the best option for me...earlier i had cablevision and they offer 4 channels (actually can only count 2 sony and zee the other 2 are ok) for $20 so 44.99 for 8 channels is a better deal there are no fees or taxes in NJ so 44.99 is final bill...also i am planning to buy Indoor Antenna (Terk HDTVa) for Local channels which will suffice my TV needs....i think :-)

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  • joydiptac
    06-01 04:53 PM
    Just provide the information that they have asked for. They are about to make a decision on your case. i.e. Whether to preadjudicate or not.
    So that when the numbers are available yours will be ready to send the card. :)


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  • rbms
    02-07 05:56 PM
    I had been doing it for past couple of years. go to and look for instructions to file I-131. It only takes to fill out the application online. You have to submit the supporting documents.(copy of I485, I94 etc.). Read the "instructions for filling out I-131" document.

    97 views... and no response..
    has nobody filed EAD by self and after filing I-485???

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  • simplistik
    03-06 06:54 PM
    heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... :( you all should've kept your stuff under wraps until the end


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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.

    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.

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  • yagw
    03-07 12:44 PM
    With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

    I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

    The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

    Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

    For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

    Thank you.

    From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)

    DISCLAIMER: I am not an Attorney and this is not a legal advice


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  • hsd31
    05-12 10:44 AM
    In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
    How frustating this can be, right? :(

    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (

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  • perm
    12-27 04:43 PM
    You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.

    Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?


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  • ponvas
    08-10 05:24 PM
    This mustang may be GC or citizen holder already . Want to have fun with people who are crying for help!!!

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  • humdesi
    12-13 09:35 AM
    This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

    Thanks franklin,

    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...

    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..

    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.

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  • casinoroyale
    02-06 09:11 PM

    No. Its all the same 221(g) or Administrative Processing.

    11-10 06:59 PM
    Folks, There are some hot discussions going on in the forum, if this area is something interesting to you why dont you join us in the group...

    05-26 07:44 PM
    As for as my knowlege pending I140s wont be effected. Senior members can currect me if i am wrong.


    All of the people who filed I-140 are screwed too because of the reduction in VISA numbers. This bill does not spare any one who is legally in this country.

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