Wednesday, June 8, 2011

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  • vamsi_poondla
    11-27 09:51 AM
    Whoever invoked this please share your experiences, dos and donts.

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  • GC4ALL
    09-25 09:00 AM
    Thank you "boreal" for the answer.

    Another question.
    If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
    Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?

    Do any one has answer for this? Please respond

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  • alparsons
    March 24th, 2005, 03:37 AM
    My Pentax *ist D acts like that when the batteries become discharged. I put in freshly charged batteries, and I'm up and running again.

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  • rajsri
    11-12 01:17 PM
    Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.


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  • malibuguy007
    10-01 06:28 PM
    Sorry forgot to put the confirmation number in 86FWC-M9PFC

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  • elusive
    07-10 01:13 AM

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please


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  • muthukmk
    08-03 04:14 PM
    Hi All,

    I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.

    Just for information, my I140 was approved after I had applied for 485


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  • chanduv23
    10-29 07:27 PM
    The primary goal is to get people start meeting their lawmakers. We are happy that the response has been very good and people are willing to meet local lawmakers


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  • snaidu
    02-12 01:29 PM
    How do cases get assigned to NSC or Texas?

    Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?

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  • chalamurariusa
    04-28 02:52 PM
    Thanks . I will surely update when we hear from USCIS


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  • GCwaitforever
    03-30 08:50 PM
    He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...

    In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.

    Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.

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  • sreeanne
    01-02 06:37 PM
    I have few questions on filling AP document.

    1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.

    2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.

    Please reply.

    Thanks in advance


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  • logiclife
    03-10 01:44 AM

    I have had 10+ members sign up so far.

    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at so that I can send you a 5 page pdf document to get your started.

    More members means:

    Bigger organization.
    More funds to pay for lobbying.
    More faxes and emails to congress when the time comes for grassroots advocacy.


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  • dealsnet
    07-27 02:03 PM
    Since you are in tight spot, you need to consult good and experienced lawyers.
    Do not go to an ordinary lawyer for this.
    Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (, Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (

    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.


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  • gconmymind
    04-30 01:25 PM
    Your wife's status should not be an issue if you are on H1, whether with your current employer or new employer. Do not use EAD until your wife has filed for 485 or is on her independent visa like H1, L1, F1, etc.

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  • srikondoji
    06-15 09:33 AM
    We should start somewhere to get heard. But again the media, government has too many other important issues to deal with and our issues may fall on deaf ears. We should still continue to make noise with a hope that we will get noticed.


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  • theMan
    02-05 06:29 PM
    have to agree with eb3retro. I took the same route as well.

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  • senram
    01-21 05:26 PM
    But it works little bit different. The green card process is not purely based on merrit. But college admission is based on merrit in USA. But green card
    process is done by the requirement and eligiblity. For example for an Engineer position the requirement is BE and 5 years of experience and they are
    selecting based on Experience. Similarly for QA or Analyst position the requirement is similar but they do not need Aptitude similar to Hardcore Engineer position. So in
    this case after labor is cleared everyone of them is needed for USA irespective of which country he belongs to. So because of Country quota USA or US companies were not all
    impacted. But because of overcrowding of Indians and Chinese are impacted. Best way to say is because of country some one is cutting the line in the queue. But skill wise
    every one who cleared labor are eqully important based on the requirements. So quality of persons selected were not impacted by country quota. But it is discriminatory. But
    this kind of discrimination is in most or all of the countries in the world. Can anyone fight reservation in India and win? Atleast here we have provision to fight by advocacy
    and lobbying whether winning or not. But in our own country we cannot do anything about discrimination.

    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!

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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.

    05-31 03:43 PM
    14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
    Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
    Sen Cantwell, Maria [WA] - 5/15/2007
    Sen Hagel, Chuck [NE] - 5/15/2007
    Sen Voinovich, George V. [OH] - 5/15/2007

    Committees: Senate Judiciary
    Latest Major Action: 5/15/2007 Referred to Senate committee.
    Status: Read twice and referred to the Committee on the Judiciary.

    Excerpts of text:

    (a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

    `(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.

    `(G) Aliens who--

    `(i) have earned an advanced degree in science, technology, engineering, or mathematics; and

    `(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens who--

    `(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

    `(ii) have received a national interest waiver under section 203(b)(2)(B).

    `(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    (b) Adjustment of Status for Employment-Based Immigrants-

    (1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

    `(n) Adjustment of Status to Employment-Based Immigrant-

    `(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--

    `(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or

    `(B) in the discretion of the Secretary, the adjudication of such petition is pending.

    `(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).

    `(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.

    `(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--

    `(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and

    `(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.

    (2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--

    (A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and

    (B) in subsection (n)--

    (i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and

    (ii) by adding at the end the following:

    `(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.

    (c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--

    (1) pending on the date of the enactment of this Act; or

    (2) filed on or after such date.

    02-23 06:53 PM
    I successfully ported from EB3 to EB2 in the same company while on EAD

    Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

    The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

    I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....

    Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

    Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....

    Porting is not walk in the park anymore. USCIS is scrutizing should be ok as long as everything is documented properly. Keep us posted.

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