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  • Blog Feeds
    12-11 10:00 PM
    The CBO report DREAM Act advocates have been touting reflects a net plus of $2.3 billion against the federal deficit. But that's the SENATE version that was analyzed. If the antis are right and 2,000,000 people will benefit from DREAM, the House version's new $2525 in filing fees will mean an additional $5 billion will be raised. Why, it would be fiscally irresponsible NOT to vote for DREAM!

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  • bayarea07
    07-18 03:58 PM
    We would like to know on what does IV intend to work on for improving GC process in future

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  • supers789
    01-24 11:11 AM
    My previous employer filed EB2 labor for me. I left the job after getting 140 approved so that I will hold the priority date.

    The new employer, as per their policy is planning to file labor application in EB3 category and NOT in EB2 category.

    My question is, the way I post PD from old approved 140, do I port the EB2 category also? ie will my PD get compared with EB2 PD or EB3 PD when it comes to filing 485?


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  • alien02k
    03-23 09:08 PM
    I am on H1B all these days and my company wants me to mandatory move to EAD. (no option here). I also had my H1B approved for an other 3 years.
    1) Is it a good idea to move on EAD now.
    2)Its been close to 6 years on my H1 but I still have 8 months left on the initial 6 years. Can i use the left out period on H1B later.
    3)Now that I am on EAD, if i need to move my employer, can I invoke the AC21. if yes what should I do... do i just need to resign at the current place and join at the company b.
    4)If I move out of my current employer,Can my employer revoke the I140, considering that its already been more than 180days since approved.

    Note: I have my 485 pending and 140 approved in April 2008 and I am a July 2007 filer with a priority date of June 24th 2007.

    Your responses are highly appreciated.

    Thank you


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  • Blog Feeds
    10-26 11:40 AM
    The last few months have been extremely challenging for H-1B applicants as the Department of Labor iCert program for filing Labor Condition Applications has proven to be deeply flawed. Gone are the days of instant LCA approvals. Now, applications routinely take at least a week to approve and a high percentage of applications are being rejected because of problems with the DOL software. Frequently, applicants need to file an application immediately to remain in status, but USCIS requires an approved Labor Condition Application be included with the application. The USCIS' Ombudsman has weighed in recommending USCIS revisit that policy. Instead,...

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  • Quirky Quantum
    10-27 10:05 PM
    Here's my button, I'm still not sure how I feel about it (mostly the highlight).


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  • Blog Feeds
    12-02 10:50 AM
    Immigration attorneys are all too aware that U.S. immigration laws are so overly strict our last three Presidents would all be ineligible to even visit our country, much less to qualify for green cards. Think I'm exaggerating? Consider that a person who admits to smoking marijuana a few times, even as a teenager many years ago, is forever banned from entering the U.S. If you were born in the Philippines, before you can qualify for a green card, you must undergo a medical examination at St. Luke's Hospital in Manila to make sure that you do not have a dangerous...

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  • Blog Feeds
    08-11 10:10 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of August 1, 2010.

    If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.

    Administrative Appeals Office (

    The current processing time for an I-129 H-1B Appeal is 13 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 24 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 25 months.

    Most other cases are within USCIS's processing time goal of 6 months or less.

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  • bidhanc
    03-11 03:36 PM
    I just got back word from my lawyer saying that you shld be able to work with an expired EAD as USCIS would "backdate extensions of work authorisation" (provided of course that you have applied for the extension).
    (I have been trying to upload the pdf, but can't seem to get it.
    It's saved as a pdf on my local drive and am using the attachment icon provided, any help would be appreciated).

    I know there are have been many nays on this subject and have asked my lawyer to provide more substantial proof (any memos or publications by USCIS).

    Any comments on this?

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  • gchoubey
    05-22 01:40 PM
    I am working on H1b visa and changed job mid of last year. I got my H1B visa and stamping and is valid till September 2010 . Now I changed my job and has another H1b visa and I 94 which is valid till 2012.
    I am going to Canada to get Visa stamped and want to know if I will be allowed to come back to US even if my request gets denied.
    And what will happen to my old visa ?


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  • Blog Feeds
    08-17 09:30 AM
    For the past few months, there have been no green cards available for persons in the employment-based third preference category (EB-3) and long backlogs in the EB-2 category for persons born in India and China. So, with few green cards to grant, why has the USCIS been scheduling interviews for persons in these categories? The short answer is that just because the USCIS cannot grant most EB-3 and EB-2 applicants green cards, the agency can take advantage of the lull in applications for adjustment of status to deny persons with pending applications. How can they do that? Easy! Let's say...

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  • mambarg
    07-18 02:48 PM
    Is the email printout of 140 approval enough to attach to 485 app.
    I have not received the printed notice and do not want to wait for it.
    I want to go ahead with attaching approved email of 140.
    Is it ok ?



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  • zephyrr
    07-18 11:29 PM
    According to a FAQ on about the Yates memo, it is possible to switch jobs (using AC21) if 140 and 485 have both have been pending 180 days. Murthy doesn't advise this under normal circustances because if an RFE is received on the 140, then it is problematic if you've left the company.

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  • chriskalani
    10-30 12:47 AM (

    For a stronger America... or something.


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  • GC1027
    10-03 09:22 AM
    Our Application was also received by M.Salcedo at TSC on August 2nd. We got all our receipts on October 1st. When I checked the status online for 765, the status showed - 'Card Production Ordered'

    You receipts may be on their way!

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  • fromnaija
    12-09 04:25 PM
    If you have only one copy ICE officer will make a copy at the port of entry and give you the original. If you have two copies, ICE will take one and give you the other.


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  • kaki
    02-13 12:38 PM
    Is minor(5 yr old) on AP, 485 pending eligible to get/apply SSN?. If so what are the documents required?

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  • webm
    08-19 02:05 PM
    We just need to sit and wait,if required CIS will send notice/intimate us to do it again..don't worry for now!!

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  • hpandey
    06-10 11:44 AM
    I think you can't apply more than six months in advance from the date your H1 is expiring.

    I guess anytime August onwards should be good .

    09-05 03:26 PM
    excellent article

    09-25 03:13 PM
    I had an important query on the following scenarios/questions

    Let's say one switches from H1B to EAD as part of either the same job or a different one , then

    1 on EAD should the person be making more than the Prevailing wage as shown on his/her Perm labor certification?

    2 If ppl on EAD do need to meet Prevailing wage for their position then are they ok to meet the prevailing wage from when the labor was filed or the most current prevailing wage from DOL for that position??