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  • srgadi
    09-10 06:30 PM
    I see soft LUD on my 485 today, but the status has not changed. I had an interview in Jan 2009 and at the end of interview the IO told me that he could not approve my case as it was not current. So I believe my case is pre-adjudicated?

    Someone in the same boat? Hopefully the approval e-mail comes in the next few hours or next week. <<fingers crossed>>

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  • vinayak2008
    12-30 12:08 PM
    My visa was approved on dec 18th.Not received passports as of Dec 31st.

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  • logiclife
    01-19 06:37 PM
    However, if there is so much noise over immigration in general, then atleast there is hope of comprehensive immigration bill being considered by Senate which will lead to overall comprehensive legislation -- a vehicle that can carry legal immigration reform also.

    Nice post APNAIR.


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  • paskal
    01-27 09:13 PM
    Now how do you know that, do you check their passports or do you ask them point blank about their origin. Or do you try to place them by their accent. Obviously not. The only way you can make such a blanket statement and attach an "immigrant of some variety" lable is by the looks alone. My friend, the last ten pages are precisly about such issues. Also, it is quite possible for a third generation Indian/Pakisani, a true Brit nevertheless, to work at Heathrow ... and If I borrowed your eyes for a minute, I see only an immigrant invading the country.

    i'm as indian as you are and have been through LON more than once and it's more than obvious that it's staffed by recent immigrants- from their speech and from the casual use of native language all around. i think the point that was being made though was that any "racism" you perceive at LON is not from the maligned "white brit". hope you got that point...

    now if this is going to be the tenor of this discussion i will be happy to close this thread. please keep this objective and free of finger pointing and prejudice. and please everyone...think before posting.


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  • addsf345
    01-15 01:47 PM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.

    Don't loose your heart. I know this is a serious situation but do not become emontional, just stay calm. This is clearly a confusing situation and a bad move by your employer. Have you got a good attorney? Just consult a good attorney and go with what s/he says. This is not your fault and before thinking of going back, fight for yourself and your family. Remember, tough time never lasts, tough people do. Our best wishes and prayers are with you.

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  • sc3
    08-22 12:49 PM
    Some one gave me this comment saying

    "You continue to undermine IV with your nonsensical posts. I understand you are frustrated, but your comments are counterproductie at best. You also don't seem to understand the law properly. Do some homework."

    Show me where have I undermined IV efforts? And show me nonsensical or counterproductive posts that I have made -- that is, nonsensical or counterproductive to the cause of upholding the law (not pandering to a particular employment category/chargeability area).

    I have done my homework, and I have understood the law properly. I have time and again given logical proof, along with the text of the law, as to why EB3 is eligible get the EB1 numbers at the same time as EB2. On the other hand none of the detractors have provided proof, or material that shows EB3 does not qualify.

    And for all those holier-than-thou EB2, what is about the letter campaign to get NSC/TSC to process application according to PDs (no lawful basis for that), and asking the removal of NSC bosses and what not. You seem to have different standards when you are suffering, and when others are suffering. There is a word in the dictionary for that, look it up.


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  • saileshdude
    08-13 10:56 AM
    Should not be an issue. I spoke recently to one of the attorneys and they mentioned that H-1B transfer should not be an issue. As long as you have a job offer in similar classification it should be fine. Regarding the AC21 they suggested that if dates are current then a good approach is to wait for filing AC21 and see if you get the GC. If you don't and dates retrogress then file it later. But filing immediately also wouldn't hurt.

    My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?

    Priority Date: Dec/15/2005
    Service Center: NSC

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  • qasleuth
    11-23 11:16 AM
    qasleuth - You do not even deserve my reply. So you are free to write anything that you want!

    why ? is that how you respond to a co-worker or manager at work, if you do not agree with them ? Repond like a grown up with rational arguments.
    Setting aside moral and ethical arguments: three of your five suggestions are plain wrong, financially speaking:
    taking new credit cards, buying a new car, renting an apartment. Interest rates are not locked and do you know, financial institutions can close your account and ask for the balance ? renters run credit report every time you extend your lease and can kick the renter out. These transactions may seem seamless for a person with decent credit but are extremely damaging for a person with very poor credit.

    Leo2606, Being ethical is not a fancy word in business, in the long run (I am not talking about decades) your partners, customers and lenders will know about your practices and run away. Ethics and Morals are not something you take lightly especially when you are running your own business.

    Take time to read some of the references listed here

    Being unethical can lead to legal problems apart from business losses. There is prudence and judgement which needs to be exercised, does not mean you do not have to be smart.


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  • Madhuri
    03-26 01:23 PM
    I am tired of short term projects and I started my FT job search in March first week, got 2 offers, both companies are fine with EAD. Only question HR asked me is, "your EAD expires in Sept,when are you starting the renewal process?" I told her that I can apply for renewal only within 90-120 days time frame. She was fine with my answer and also mentioned that she is aware of the fact there is some time line for EAD renewal.
    I'll be starting my new FT job from Monday.

    So bottom line is there are some HR people who are well aware of EAD and the strings attached to it. You are definitely going to meet them sooner or later, don't loose hope.

    BTW why am I using AC21? - my PD is March 2006 (EB3 India), so I decided to use AC-21/EAD, as nobody knows how long this GC journey is? I am already in my 8th year of H1.

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  • abc1125
    01-12 09:59 PM
    Sent letters to WH and IV califoria address.


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  • jonty_11
    06-18 01:26 PM
    Does the the passport have to be valid for at least 6 months at the time of applying 485?

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  • vbkris77
    01-05 12:16 AM
    Very true. Another advantage is, Citizenship doesn't have any number limitations. It will also help people waiting for GC as the queue gets even shorter. Instead of making it 10 Years from first port of entry, if it can be made as 5 years from say Priority Date for Green Card, it will cover many more people. Technically the person expressed intent to live in US after accepting a perm job. It is admin processing and Visa number limitations that are preventing the person from becoming a perm resident. So the change be sold as proper interpretation of the law because of changes in the circumstances but not really opening a flood gate for citizenship.


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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.

    There is a whole lot of good information about citizenship or immigration status discrimination at

    From their Employee Brochure:

    From their Employer Brochure:

    From OSC Update newsletter April 2004:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.

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  • drona
    07-11 01:51 PM
    Yes, Lou Dobbs will only want to quote the Al Jazeera article.


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  • mrsr
    06-27 03:58 PM
    yes u can write her tin number there ( i have done so )

    Can somebody answer this....

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  • gccovet
    11-19 04:18 PM


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  • ryan
    03-30 05:02 PM
    But the visa bulletin has it's own brains. - I like this dude !


    Sorry couldnt' help it.

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  • TeddyKoochu
    03-30 10:20 AM
    Hi Teddy,
    With the new Scenario, when do u think mine will be current?

    I would say that optimistically it may happen in 2013, pessimistic 2014.

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  • pani_6
    01-04 11:28 PM
    This is the time to push for such a Bill..and who could be a better person than Hon congress Woman Joe Lofgren..Please start writing to her..

    01-29 03:45 PM
    Hi, Both my wife's and my approval notices state a WAC number. And I am stuck in PIMS for past 27 days now!!!!!!!!:mad:

    thanks for posting your details..can you please let us know when was your H1 approved?

    01-20 11:28 PM
    Not necessary. But, not everyone entered with the visa. We are talking about the entry with the AP and H-1B approval has not expired yet. You have been answered.

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