Friday, June 10, 2011

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  • hebron
    04-17 07:04 PM
    Hi Guys,
    Any suggestions for my post above? It will be really helpful.

    Thanks in advance!!

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  • Bhaskar_80
    06-10 02:42 PM
    Once again Thanks Mr. Glutin,

    So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.

    Also am I eligible to process my i140 through Premium Processing?

    Thanks and Regards,

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  • mrajatish
    04-17 03:29 PM
    I have heard of a couple of folks facing this unforseen delay- this happens when your case is audited.

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  • dtekkedil
    07-03 10:03 AM
    I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:

    Maybe a stinky garden weed. It's the thought that counts:D.


    You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)


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  • intheyan
    07-17 05:17 PM
    Murthy ji and Rajiv.S.Kanna are very good lawyers. Please don't use any bad words. You will really be in trouble.

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  • tejonidhi
    11-27 10:35 AM
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you


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  • WaldenPond
    12-31 08:51 AM
    In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
    With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.

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  • a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.


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  • amsgc
    06-16 02:02 AM

    Will this be a problem in name check process of I-485. I have contacted my lawyer and waiting on his reponse. If he gives me a go ahead I am going to fix it first thing monday morning.


    I have not even filed the I-485 yet. I just gave an objective thought to your problem - I personally would have had it fixed. At the very least, find out if it is just a typo on the card, or if your name associated with the number is backwards, which I think is a serious issue.

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  • LostInGCProcess
    09-15 12:03 PM
    This is truly a great idea. We must show the 'family' face of our struggle. This country is built on compassion (at least that's what they claim in the mainstream media). Each one of us must send one family picture to the President of United States and urge him to take a closer look at the current USCIS process and make it better.

    I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.

    Good Idea!!


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  • smuggymba
    07-28 02:26 PM
    Your Payments When You Are Outside The United States ( ??? What does this mean .... looks like you can claim benefits.

    hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also

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  • seahawks
    08-09 09:24 AM

    I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.

    I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.


    unfortunately I missed the bus, we send all document May 29th and it reached USCIS CA on 30th, my pd was current for June bulletin and was approved 1 year extensions. I should have waited until Aug to file extensions, this is my 4th H1/H4 extension:( in 4 years.


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  • sathishav
    03-07 01:39 PM
    To remain in status, please file asap. large companies, do revoke H1 after layoffs.

    If you don't get laid off, you can just ignore the H1 you filed. its also a challenge to get H1 sponsors these days.

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  • gcisadawg
    07-31 11:50 AM
    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.

    Just for fun, let me predict with all seriousness.

    On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
    On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001

    I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.


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  • skdskd
    08-31 01:15 PM
    Vote Yes

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  • desi485
    09-27 10:12 AM


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  • Munna Bhai
    07-06 05:38 AM
    I was in the same boat 2 years before , I opted for Kaiser and it costed about $200 per month.

    What is Kaiser and how to get visitor medical insurance?


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  • GlobalCitizen
    07-27 10:33 AM
    Thank you everyone!
    I have decided to apply.

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  • gcseeker28
    08-12 02:27 PM
    So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
    Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
    I asked few questions to the new lawyer:
    Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
    Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
    Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
    What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.

    Did anybody face the similar issues as I am facing. If so, please throw light on it.
    For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
    This time I am submitting all the proof.
    Did anybody get the approval after filing for MTR.


    03-27 01:53 AM
    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.

    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

    02-26 12:26 AM
    Please help me with my case.

    I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.

    The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.

    the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.

    So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.

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