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Posts posted by immijam

  1. I have an AOS pending though IR/family category. I have a valid H1 status and visa both. I waited 3 months but AP still not processed (although I tried to expedite). I may have to travel out of the US soon due to urgent reasons. If I use H1 for re-entry, I know my AP will be denied. Am I also going to risk my pending AOS? I know the rule says no, but does anyone know current trends? Could it be a risk to AOS? 

    I know one attorney advised against it stating "...due to current times", other attorneys indicated its fine to travel. Please let me know your thoughts. 

  2. On 2/19/2019 at 7:23 PM, macos said:

    While filing for i-140, can I use cross chargeability? My parents are both Nepalese citizens and I was born in India while they were in India for a short assignment. I chose to keep Indian citizenship but they still have Nepalese citizenship. I am unmarried. From what I have read, I could file under Nepalese quota. Any thoughts?


    The rule says country of birth + nationality at the time of birth. If you were born in SA but your nationality was still Indian as SA didn't recognize your birth then you could claim India for CC. But not in your situation you were never a Nepalese citizen neither by birth nor nationality at the time of birth, so CC is not applicable in your case. 

  3. I applied for I 485 based AP 75~80 days ago. I raised a request to expedite AP due to a family members grave illness. After SR#1 they requested proof / Doc letter. I faxed it to them. A few days later they issued a letter stating "We received your request to expedite the decision on your application. Your case is currently under review. You will receive a decision or notice of further action shortly" 

    Does this mean they have accepted the "expedite" request? It's been 30 days since the above letter. As it's been 30 days, should I follow-up? My situation is getting worse. What's the best way to follow up? 

    1) SR#2 via phone; 
    2) Setup InfoPass; 
    3) Fax a follow-up letter/Req?

  4. As a matter of law, anytime a new LCA is filed you need amendment. If a site change within the same MSA occurs, based on all other factors constant, like pay, title, etc., you may choose not to file a new LCA to avoid amendment, but this is very sketchy area because in case of a site visit, rfe, travel/POE, I-9 compliance, etc, a lot of unforeseen complications may arise. Most employers will file a new LCA irrespective (whether you like it or not). 

  5. On 4/29/2018 at 11:15 PM, sandeepsan said:


    Recently I have come to India for H-1B stamping. Unfortunately, I got 221g blue slip with passport back after the interview and I am stuck in India waiting for the administrative process to move on.  I was under F1 OPT before utilizing 180 days extension based on initial OPT EAD card. My STEM OPT extension application is pending so my current expired EAD card is automatically extended until June end.  

    My employer is becoming impatient because of 221g delays. I am afraid I might lose my job. I have a valid F1 visa until 2020. Can I enter the USA on F1 status while H-1B 221g is ongoing and utilize remaining OPT period?


    H1B is dual intent visa. Trying to use F1, to re-enter, after demonstrating "dual intent" by applying for H1, is tricky from a visa fraud standpoint. Could go either ways. If visa fraud determined at the POE, there would be a permanent ban from entry. 

    Your "intentions" of using the F1 would be scrutinized at entry.  

  6. On 12/6/2018 at 6:55 PM, ktr944 said:

    We initiated the GC process for my parents, and applied for I-130/I-485 and also applied for AP. After they got their AP, they travelled to India. However, when they re-entered, they came on B2 instead of AP. Since, they don't know english, they presented password (which has visitor visa stamped), the Officer stamped on passport with B2. What are the implications of entering US on B2 instead of AP while AOS is pending ?

    Using B2 (Visitor) to enter, when GC in adjudication could also be perceived as visa fraud by immigration, although unintentional. The current I-485 maybe gone, but make sure you inform them about the error on your or their part in entering on B2. Bad luck, but this is no excuse. Immigration is one thing you need to be careful with. 

  7. On 1/6/2019 at 11:22 PM, vishvard said:

    Yeah, I have a lawyer and he has sent them a note saying they have made an error. I will probably give it a month and see if I should take other actions. Of course, they make it hard for you to contact them and discuss your case.

    What are my options here:

    Wait and do nothing?

    Legally, what can I do to get them to rectify their mistake? I have called the Service center and spoken to Tier 2 agent. They are pretty much useless. I can make an infopass appt, but Santa Ana does not do Infopass appts (per their website). I travel frequently for work, is it possible to do an infopass appt in a different location for my case? Would that be an issue?

    Got to fight these guys, it's been a long and hard road already, don't want to give up at this point.

    Legally, what can I do to get them to rectify their mistake? ---> Notify/Inform them either by yourself or through attorney, really doesn't matter as long as you have notified, which you did! Now you can just sit tight and wait for their response. I read a couple of cross-changeability cases that got rejected at the mail-room stage due to lack of awareness; so you are not alone, it typical to expect issues cos not everyone is aware of CC. You are lucky to get this far, but unlucky to not cross the line. 

    I travel frequently for work, is it possible to do an infopass appt in a different location for my case? ---> No. Your case/file is assigned to a local office based on where you reside. Transferring your case to a different location for info-pass would only add further complications.  However, it looks like your file is no longer in local office and its sent back to NBC with instructions to re-assign to local office once PD is current and visa number available. Now it's up to NBC to keep track of your PD and reassign to the local office (LO) at the time. NBC goes by LO instructions. 

  8. On 1/5/2019 at 12:14 PM, HemaSekhar said:

    Hi All,

    I need to do my first H1B Stamping in canada. Please suggest me   which location has highest approvals

    So you are trying to do consulate shopping? :) They use the same systems and VOs keep changing at any given location...

    If a certain location has higher issuance rates, that just means more applicants. If you are looking for success ratio - it's the same for all. 





  9. Yes, cross chargeablity is not a very common scenario, many don’t know the concept. I think they entered/ applied your county of birth in the system. You did all that you can. It’s bad luck. You can either wait for your visa number to be available as per your country of birth or see if they get back...can’t do much other than what you did and wait unfortunately...





  10. On 1/1/2019 at 4:09 PM, Oviyan said:

    Hi Friends

    I have got RFE on my H1B extension which filed in June 2018, and i have 2 months left in 240 days window. So below are list of documents asked by my immigration deportment. I have all documents except SOW(current one has till Dec 2018). Due to lack of time, shall i go ahead and respond to RFE with client letter, my employer manager letter and other document? or should we wait and include SOW too?

    1. last two years of pay-slips

    2. W2 Form

    3. Education certificate

    4. Manager Letter(My Employer )

    5. Client Letter

    6. SOW


    You wont have much to do after NOID. Better take time and responds with all DOCs they asked for SOW is an important piece. Good luck 

  11. 15 hours ago, VKS2 said:


    I appeared for visa interview in New Delhi consulate in Oct 2017 and was issued 221g white form. It took nearly 5 months to resolve this and Visa was issued.

    Now I have to plan a trip again, and unfortunately I'll need visa stamping again.

    My question is...Will my previous 221g case affect visa stamping in future?


    There should be no effect due to prior 221g.  

    221g is quite routine. 

  12. 1. If you want to use your prior I797, make sure its valid i.e. Enter your I-797 receipt # on USCIS case status ad make sure it still reflects as "approved". Additionally, confirm with your employer it's still valid and not revoked. 

    2. Secondly you have to make sure you are going to go back to the exact same circumstances i.e. same client/MSA, position, pay, etc. 

    If 1 and 2 are true - yes you can enter using the higher validity petition. The one with "12/31/2018" is out of question, because if you use that then your will have to file for extension immediately. 

  13. 59 minutes ago, sanky28 said:


    I got my H1b amendment approved recently a week back while I am travelling to India. The I797 validity and I94 expiry date came up with reduced time. Following are dates: 

    Original H1B Approval, all previous amendments and I94 valid till: 2/12/2020

     Visa stamped till: 2/12/2020

    Most recent amendment valid till: 12/31/2018

    Most recent I94 valid till: 1/10/2019

    My questions are: 

    1. Does it mean that visa is valid only till 12/31 or this validity is only for the amendment solely? Will I be out of status?

    2. Since I am currently in India, do I have to travel back to US before 12/31 or 1/10?

    3. Do I need to file for an extension and/or amendment? (I no longer need to work at the location for which the amendment is approved)

    4. I don't currently have the original I797 with me since it was approved after I traveled out of country. I Just have the scanned copy. Do I need the original copy at port of entry in US?

    5. Will the immigration officer at POE be able to see my most recent I94 record (which came with recent I797) and question me on the same?


    As this is time critical matter for me, I'd really appreciate your inputs as soon possible. I am not able to get in touch with my employers immigration firm since the holiday season is going on and everyone is out of office. 

    Thank you.!

    Bad luck. Amendment is always tricky, especially given the current times, has to be handled smartly. I am not 100% sure, but if you can maintain the pre-amended state/situation, you can continue as-is - but as you were issued a new I-94 with reduced validity, you will have to exit and renter under previously approved I-797, w/ attached I94. 

    Note; if you aren't able to get back to revert to your previous situation. Then the only option us to file an extension. 

  14. 2 hours ago, care_candidate said:

    That is completely irrelevant analogy. GC application has a system for processing applications. Nowadays it is not uncommon to wait for more than a decade for getting candidate's number. For some applicants from certain countries, it is estimated that they could wait 50+ years. How would they react if someone got ahead because he/she moved up the list based on an urgent job offer. That is unfair.

    I am taking about someone who has a visa number immediately available i.e. ready for adjustment. Not folks who just applied and got I140 approved and will wait +50 years for AOS or ones who retrogressed on EAD. 



  15. I am eligible for both FB as well as EB based I-485 (PD current either ways). I don't want to submit two I-485s to cause delays. If one has submitted EB (1-140), and later wants to switch to FB (I-130) faster process, is this permissible as per law? Is it just a written explanation that needs to be provided? 

    Ps: What if I have used the interim EAD/AP associated with EB and then what happens if I decide to switch to FB, does it matter? 

  16. 13 hours ago, Noah Lott said:

    No. First come,first served....who is supposed to get head of line privileges? HOw would you feel if someone else got adjudicated ahead of you?

    Thanks. My question was more wrt. "can" referring to the expedite criteria rule, less to do with feelings.

    Think about it this way...you go for a regular check-up and they take someone in ER ahead of you. I know you will feel bad, but they still do it. 

  17. Thanks for your response. I know a lot of employers openly reject H4 EADs due to the program's uncertainty,  that's also work authorization. Are you saying these employers can get sued as they are illegally discriminating? 

    A lot govt. jobs require a person to be USC or GC, what about those? 

  18. Can I-485 be expedited?

    I have a job offer that requires me to be on GC. They are hesitant to employ anyone on EAD, as the employment requires permanent placement / deployment. They don't want to deal with any uncertainty associated with temp permits. 

    I have a marriage based AOS pending. i.e. USC filed 130. 

    The job offer may not stay for too long as they need someone soon. They are ready to wait but not for too long. Is there any way I could request expedited processing for I-485? The employer is ready to provide the necessary documentation. Do they ever expedite I485s? I know they do for EAD and AP, but I want sure if its worth trying for I-485.

  19. Travel on H-1B vs Advance Parole?

    I am on H1. I have over 2 years H1 stamp left (current employment). My USC spouse recently applied for Marriage based I130, I485, EAD and AP 

    Q1. I need to travel outside the US for a few weeks. Is it safer to travel and return on H-1B or Advance Parole? I am only asking as H1B has always been a straight forward entry with a couple of questions here and there. I know AP for the first time would mean secondary inspection. Is this typically routine? Or is it risky given current times? Any one has had experience? 

    Q2. If I leave on H1 before AP issued, will USCIS deny AP? Q3. Will I still preserve the AOS or is there a risk of AOS abandonment? Note that the GC is marriage based not EB. I know before things were different, anyone has any inputs given current times? 

    PS: I'll be working for the same employer. No admissibility issues.