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  • anilsal
    03-17 04:29 PM

    if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.

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  • immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me

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  • gcdreamer05
    08-18 01:14 PM
    As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."

    She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.

    My question is also about 485 submitted without medicals, i filed during july 2007, without medicals, they have not yet asked any RFE, but if they do, should i go and do medicals again because i did medical examination in Aug 2007 and sent the documents to my attorney who is waiting to get the RFE.
    But will those medicals expire ? or should i do again because i heard there is a change in the format and new form has to be filled.

    Does any one know if medicals expire ???

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  • Alien
    03-28 11:04 AM
    I think IV should stay focussed with what they are doing right now. This is a non-profit forum with a purpose and lets let it be that way.

    We can probably make it more expansive as we get more volunteers to moderate the forum but with whats going on right now,we should let the core members focus on what they are doing.

    I strongly agree with Berkleybee that this aint a one-stop shop.There is a danger of core issues getting diluted.


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  • dealsnet
    01-13 10:06 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:

    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

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  • bzuccaro
    11-09 08:40 AM
    If the labor certification is approved and the I-140 has been or will be pending for 365 days or more prior to the H-1B worker�s requested H-1B start date, then the H-1B visa worker can file for the one year extension under AC21 106 (a).


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  • BharatPremi
    09-08 05:51 PM
    Sad, No pun intended but USCIS is reciprocating the blunder what you made (Applying for US GC):rolleyes:

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  • eastindia
    09-14 02:18 PM
    There are less than 1000 replies in the I-485 voting thread and no money is do you plan to sell 20K tickets to only a few "active" members?

    I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.

    You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.


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  • desi3933
    02-18 11:28 AM
    Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

    I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...

    >> I have a question, is 'memo' same as law?
    No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.

    >> Can the IO come back and say its not in the law?
    No. See above.
    These issues are more complicated.

    Not a legal advice.
    US citizen of Indian origin

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  • Prashant
    09-26 08:08 PM
    GCtrouble.. I hope u are serious and not trying to scare ppl converting eb3 to eb2 ..

    If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..

    We all are in the same boat dude ....

    Good luck


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  • imranabdullah
    07-23 06:08 PM

    My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.

    Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?

    Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?

    The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"

    Any one?
    I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.

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  • GodHelpUs
    03-21 10:48 AM
    I am really shocked on looking at this article.

    An Agent, a Green Card, and a Demand for Sex

    Article Tools Sponsored By
    Published: March 21, 2008

    No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number?
    Skip to next paragraph
    Enlarge This Image
    Uli Seit for The New York Times

    Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.
    Audio A Secret Recording
    Enlarge This Image
    Uli Seit for The New York Times

    The Flagship Restaurant, where Mr. Baichu met with a green card applicant.

    The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.

    �I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�

    She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.

    The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.

    No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.

    The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.

    His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

    Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.

    The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.

    The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.

    Reasons to Worry

    A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.

    She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.

    She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

    But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.

    So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.

    �We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.

    As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.

    In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.

    �If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.

    The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.

    He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�

    Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�

    Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.

    His reply, the recording shows, was a blunt demand for oral sex.

    �Right now? No!� she protested. �No, no, right now I can�t.�

    He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�

    Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.

    How Much Corruption?

    The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.

    Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.

    �It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�

    �Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�

    When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.

    Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.


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  • factoryman
    06-18 12:37 PM
    so, my city / state is : Bellingham/ WA

    where he I-94 is issued.

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  • sunny1000
    01-14 05:30 PM
    Here is an exaustive list of charitable orgs (source: msnbc):

    Haiti earthquake: How to help - Haiti earthquake- (

    Action Against Hunger, 877-777-1420
    Agape Flights, 941-584-8078
    American Red Cross, 800-733-2767
    American Refugee Committee, 800-875-7060
    American Jewish World Service, 212-792-2900
    AmeriCares, 800-486-4357
    Beyond Borders, 866-424-8403
    B'nai B'rith International, 202-857-6600
    CARE, 800-521-2273
    Catholic Relief Services, 800-736-3467
    Childcare Worldwide, 800-553-2328
    Church World Services, 800-297-1516
    Concern Worldwide, 212-557-8000
    Convoy of Hope, 417-823-8998
    Cross International, 800-391-8545
    CRUDEM Foundation, 413-642-0450
    CRWRC, 800-55-CRWRC
    Direct Relief International, 805-964-4767
    Doctors Without Borders, 888-392-0392
    Episcopal Relief and Development, 800-334-7626
    Feed My Starving Children, 763-504-2919
    Food for the Poor, 800-427-9104
    Friends of WFP, 866-929-1694
    Friends of the Orphans, 312-386-7499
    Habitat for Humanity, 1-800-422-4828
    Haiti Children, 877-424-8454
    Haiti Foundation Against Poverty
    Haiti Marycare, 203-675-4770
    Haitian Health Foundation, 860-886-4357
    Healing Hands for Haiti, 651-769-5846
    Hope for Haiti, 239-434-7183
    International Child Care, 800-722-4453
    International Medical Corps, 800-481-4462
    International Rescue Committee, 877-733-8433
    International Relief Teams, 619-284-7979
    Islamic Relief USA, 888-479-4968
    Lions Club International Foundation, 630-203-3836
    Lutheran World Relief, 800-597-5972
    Medical Benevolence Foundation, 800-547-7627
    Medical Teams International, 800-959-4325
    Meds and Food for Kids, 314-420-1634
    Mennonite Central Committee, 888-563-4676
    Mercy Corps, 888-256-1900
    Nazarene Compassionate Ministries, 800-306-9950
    New Life for Haiti, 815-436-7633
    Operation Blessing, 800-730-2537
    Operation USA, 800-678-7255
    Oxfam, 800-776-9326
    Partners in Health, 617-432-5298
    RHEMA International, 248-652-9894
    Rural Haiti Project, 347-405-5552
    The Salvation Army, 800-725-2769
    Samaritan's Purse, 828-262-1980
    Save the Children, 800-728-3843
    UN Central Emergency Response Fund
    UNICEF, 800-367-5437
    United Methodist Committee on Relief, 800-554-8583
    World Concern, 800-755-5022
    World Hope International, 888-466-4673
    World Relief, 800-535-5433
    World Vision, 888-511-6548
    Yele Haiti, 212-352-0552
    Wyclef Jean's grassroots org
    Text Yele to 501 501 to donate $5 via your cellphone
    Also, be very careful about donating to unknown sites/emails. They could be scams (source msnbc):

    Finally, the FBI urges people who are looking for ways to help with earthquake relief to be wary of solicitations that could be from scam artists.

    Beware of bogus online 'help' for Haiti - Security- (

    "Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization or a good cause," the FBI said, in passing along these tips:

    Ignore unsolicited e-mails, and do not click on links within those messages.
    Be skeptical of individuals representing themselves as surviving victims or officials asking for donations via e-mail or social networking sites.
    Be cautious of e-mails that claim to show pictures of the disaster areas in attached files, because the files may contain computer viruses. Open attachments only from know senders.
    Decline to give personal or financial information to anyone who solicits contributions.
    Make contributions directly to known organizations, rather than relying on others who claim in e-mails that they will channel the donation to established groups.
    The FBI says anyone receipting an e-mail that appears to be a scam should forward it to this Web site: Internet Crime Complaint Center (IC3) | Home (


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  • GCStatus
    09-03 10:26 PM
    My PD is current - Going for consular processing a good idea?

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  • bibs
    05-11 02:45 AM
    Thanks Morchu.
    I will go ahead and will apply EAD with $180/ as filing fee.


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  • chanduv23
    12-08 06:45 PM
    Come on folks, time for some contributions.....

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  • amoljak
    03-24 03:16 PM
    They have
    Exempt post-secondary foreign students in math/tech/eng/science (est.2)
    I don't know what that is...


    There are no calculations for that.. you may want to ask her where that number came from...

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  • lostinbeta
    10-04 12:20 AM
    Good Luck=)

    09-16 06:13 PM

    Here is my case specifics:

    1. Filed PERM EB3 LC - PD:01/2006 - Approved.
    2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
    3. Filed I-485 using pending LC Sub I-140 - 07/2007
    4. Second I-140 Filed - 01/2008 based on my original PERM LC.
    5. Second I-140 - Approved - 02/2008
    6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
    "Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
    7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.

    8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.

    I have couple of questions now:

    1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.

    2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)

    Please let me know guys. Your help would be greatly appreciated.


    10-29 06:20 AM
    I haven't applied yet. I don't know if I can apply for kid or not.

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