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  • number30
    04-25 08:26 PM
    Thanks a lot for the quick reply!

    Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.

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  • kufloyd
    04-02 01:49 PM
    I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?

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  • ya3
    04-17 02:18 AM

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  • Munna Bhai
    04-18 11:21 AM
    Hi everyone,

    I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?

    Thanks and regards

    45 day rule is not implemented yet.


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  • softman
    07-19 08:46 AM
    Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
    Thanks in advance.

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  • looneytunezez
    11-02 12:19 PM
    Thanks...but i agree with your paralegal friend.......there is no logic to it all.
    logic and law are not usually on "friendly" terms....
    i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.

    I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..


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  • 08OCT2008
    01-25 08:34 AM
    IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.

    I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?

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  • ram_ram
    01-28 10:50 PM
    My friend SS moved to Detroit, recently from Singapore on a H1-B Visa valid until Sep 2009. He is a product owner in a multi national company there. SS moved here and could bag 2 offers based on his Vast experience and Extraordinary skills. One in Detroit, Michigan, the other in OKC. He wanted to take the offer in MI. He gave a driving skills test before Jan 22, got a TIP(Temporary Permit), joined in a driving school to learn/practise driving. As per his TIP, he is eligible to give a driving test on or after Jan 25 2008. He gave the road test succesfully. The SOS denied to give him a license since he does not have a Green Card. All his money and time for driving classes is waste. He could not drive to work if he lived in MI. Govt does not provide any good public transportation. He did not want to fight more and waste his time with SOS reps. He moved over to OKC to take his second job offer. There is no such foolish rule yet in OKC that denies Driving license to LEGAL NON-IMMIGRANT WORKERS & LEGAL STUDENTS. Michigan lost another job. This law is not good for a state already in recession and a state with unemployment rate much greater than the national average. We ask the Governor and SOS to focus on more important economic woes of the state than brain less interpretations of the laws.


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  • Pineapple
    10-13 03:47 PM
    Thanks for responding, newuser, newbie2020, and We_will_get_GC!
    Please PM me your contact information..

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  • swetha00
    09-12 03:44 AM
    Hi all!
    Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???


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  • meridiani.planum
    12-18 11:57 PM
    Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
    If you satisfy all conditions of AC-21, then nothing happens to your AOS:
    - your i-140 is approved
    - 180 days have passed since your filing of 485
    - new jobs is same/similar to old one

    Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
    Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.

    Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?

    receipt date

    Q) Do I need to file AC21 if working for the same employer in a different position?

    typically no. Note that the new position cannot be too differnet from your LC one.

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  • Canuck
    05-04 09:05 PM
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?



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  • us_employee
    08-24 09:25 PM
    Thanks Wandmaker, I think thats true based on my knowledge too. Attorneys, can you please confirm about the same. I really appreciate.

    Thanks in advance

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  • raj2007
    04-02 09:22 PM
    Hi Gurus,

    Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.

    Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.

    I have the following question :

    1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
    2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.

    Please advise.

    1. Use Ac21
    2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
    Otherwise you can take a vacation on H1.
    For Cp you have to withdraw your 485 application and refile your application.


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  • cantwait4gc
    09-13 09:56 PM
    Here is my situation.....
    My EB3 140 approved with priority date 01June2002 --> Company A

    My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)

    Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.

    Thanks in advance for your help.

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  • gman
    08-19 10:11 AM
    the question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...

    Does the question make sense?


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  • GoneSouth
    07-27 10:39 AM
    Thought folks might find the following interesting.

    I recently returned from a visit to Canada where I stayed with my brother-in-law, who owns a small but very successful web development shop. He told me that due to the booming Canadian economy, he can no longer find experienced programmers at reasonable bill rates. So he's been doing some outsourcing to get cheap foreign labor ... hiring American programmers !

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  • pappu
    07-24 04:38 PM
    Wait until 180 days. Check the archives for answer before starting new threads. Pls try to have a more descriptive title to threads.

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  • pani_6
    09-15 08:11 PM
    I was working on H1B from Sep 2002 till Jan 2006 and then converted to H4 based on my husband's H1B. No green card was started for my H1B. My husbnad's GC is in progress, but not even the labor is cleared as of now. I have been in the US on H visa (either H4 or H1B) starting from April 27'2002. Hence when my H1B (the second extension after 3 yrs) came back in 2005, it had an expiration date of April 26 2008 (allotting 6 yrs of H visa).

    I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.

    My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time

    09-05 05:08 AM
    If you can go out of the country and return on L1 the new I-94 will take effect. COS should not impact, An attorney can advise better on this.

    07-18 08:33 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.

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