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  • BumbleBee
    07-27 05:52 PM
    Its complicated and gray area, I haven't seen any success from anybody yet.:confused:

    There are two ways of porting older priority date
    #1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.

    #2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D

    "EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"

    priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.

    This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......


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  • kirupa
    10-31 06:22 AM

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  • Blog Feeds
    01-09 02:20 PM
    AILA Leadership Has Just Posted the Following:

    Today the Immigration Policy Center ( of the American Immigration Council, ( along with the Center for American Progress ( a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!

    Raising The Floor For American Workers ( s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.

    More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.

    Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.

    More... (

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  • wc_user
    07-27 01:54 PM
    It turns out that it was the photos. I had already sent it. So, don't know why they are asking again. I am resending the photos now. I had a question. Though it is simple, I don't want to take any chances as we are planning a travel soon. They have asked me to write my name and Alien number on the back of the photo in pencil or felt pen. I tried writing using a pencil and it is not readable. So, what is a felt pen ? Is the idea here that whatever is written on the back of the photo should not leave an impression on the front of the photo. Thanks for your response.


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  • optimist
    03-16 03:08 PM
    Thanks for the reply.
    1. I got my H1B extended while I am here in US. After going back to India, are there any issues in getting the visa revalidated, since an immigration petition has been filed on my behalf?
    --This should not be a problem, since the H1-B is a dual-intent visa

    2. Is H1-B extension based on I-140 possible when not in US?
    --Yes. Moreover, if you are in India for a year or more, your 6-year clock starts again.


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  • dish
    11-10 05:12 PM
    I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.

    Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.

    I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?


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  • masti_Gai
    08-28 10:13 AM
    how could u open a company being on H1???
    how does ur friend work though???
    does he have a valid visa like a Green Card or something...
    coz am sure u couldn't have gotten him a H1 visa as u urself are on H1

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  • ravi98
    06-25 11:24 AM
    For members doing the Calculations..............

    According to DHS | CIS Ombudsman Updates:
    During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.

    Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.


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  • FinalGC
    04-13 09:02 AM
    Ask your husband to contact a good lawyer like or or You will have to pay for their services and I am sure you will get what you need. American Dream is not cheap for the first immigrants......There are tons of bad lawyers out there, so get your job done through a goood one.

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  • Chandra_Chndra
    05-04 02:17 PM
    My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
    He is in India and he wants to go to University B.

    Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?

    does it create any problems at Port of Entry ?

    PS: I have not started GC process yet. So, I didn't update my profile.


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  • Suva
    07-18 04:15 PM
    Close this thread immediately.

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  • wisley
    11-10 08:59 PM
    to be frank with you guys my friend have a good bank statment and business in his own country he wanna apply for a tourist visa and i recomended for him to have a hotels .... flight reservation but i am still confused about the purpose of the visit actually its not about the purpose its about his chance to get a visa he never been in the US never apply for a visa , dont have any relatives in the US he wanna try his chances to get a visa only ?????

    thats all , any insight :confused:


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  • willgetgc2005
    05-06 03:56 PM
    OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.

    I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.

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  • HV000
    08-07 02:01 PM
    Hi ,

    I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.

    Did you try porting your PD?


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  • pointlesswait
    10-27 02:52 PM
    total dumbasses...these US lawmakers make laloos and mayas feel like Einsteins..)

    isn't the country quota supposed to "satisfy" their need for DIVERSITY?

    general rant.. guyz.. chill...;-)

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  • GCPagla
    03-04 10:09 AM

    I have been filed in EB2 with a priority date of Feb 26 2007.
    What you guys think about the possibility of my PD getting current this year?
    I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.

    Thanks in advance.


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  • perm2gc
    06-28 09:54 AM
    Unless the first company cancels their H1B
    they don't need to cancel the H1.As he might have been already working for company A might have stopped running payrol for he is already out of status.

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  • jaggubhai
    08-12 10:35 PM
    1. Did you also enter on H1b and then switched using EAD?

    ---When i filed the EAD renewal i was still on H1B. Just filed EAD as a backup.

    2. So do you have H1B on 'Last entry status' and 'AOS pending' on 'Current status' questions?

    ---Yes. I have I-485 Pending on Current Status

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  • desigirl
    12-01 09:55 AM
    Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.

    Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?

    Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.

    Could someone PLEASE comment on these two questions?

    Thank you much!

    get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer

    03-10 03:29 PM
    Hello Every one

    As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.

    How to update Profile :

    (1) Login into IV site
    (2) Click on Forum from Top Navigation
    (3) Click on My User Profile from Drop down
    (4) Click on Edit Your Details on Left side navigation. Please enter correct GC details

    Post confirmation message once you are done so you can verify details of your profile in your post.

    As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.

    04-15 05:20 PM
    What was your own LC PD? Nothing personal just out of curiosity...

    LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.

    I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.

    Best of luck you all.

    Had 1 Soft LUD on Jan 31 on 485 application.

    USCIS is doing a great job thank to IV to make these possible.

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