Sunday, June 26, 2011

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  • canleo98
    07-26 11:09 PM
    My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.

    I guess I feel more and more hopeless by each second/minute

    My PERM application (5/28/07 PD) stuck at Atlanta
    In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.

    Checked with's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..

    I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....

    me...really sad....

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  • bugsbunny
    04-20 01:15 PM
    I assume you've likely never studied in India though. An bachelor's degree in engineering is not very expensive, if you have good grades.
    10 years back it would cost about $100-200 a year, if you qualified through a state ranking system.

    i graduated more than 10 years ago...with an Engineering degree...i know about the $100-200 merit seats...which were extremely difficult to get. I could have gotten the merit seat in a lower ranked college but chose a better college. It applies to only the top 5% or less of the total applicants. You don't get to the top 5% without spending a small fortune in private coaching ...why... because your regular teachers hardly make an attempt to teach you well...and they are the same ones who make lot more money in private coaching.

    Anyways even with the very little $100-200 "almost impossible to get" merit seats there are plenty of other expenses for engineering. This is out of the question if your family is not in lower middle class economically atleast.

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  • Dipika
    09-17 12:27 PM
    Congratulations sku! enjoy your freedom!

    can you guide me how to find congressman of my state (NJ) and how should i write to senator and congressman?

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  • sanju
    10-12 12:40 AM
    I don't know much about buying house/property in India. Maybe you want to have a close family member keep an eye on your property otherwise a land graber/local gunda in the area may take possession of your property while you are here/away.

    But I find some of the discussion in this thread extremely intriguing. There were specific conditions in 1930s, 1960s, 1990s that caused recovery in those times. Leadership & American generation were ready to sacrifice and do hard work. Contrary to the hard work done during those times, large percentage of the current population is indifferent and does not care to know about the current crisis, not knowing the gravity of the situation. Majority of the population was, still is, opposed to $700 billion bailout/rescue not knowing what is going on. The ups and downs in the stock market is just the beginning. Coming year is going to be very tough, specially on folks are in the situation that require them to visit this forum every now and then.

    Every great and prosperous nation is just one generation away from losing its greatness. History teaches us that Great nations lost their greatness/cease to exist because the larger populations ignored the times of crisis. Most people say that America has always come out of crisis in the past and just like those times, America will again come out of the current crisis. That's what everybody expect and wants to see happen, as if there will be a miracle and everything will get fixed. Everybody including media/leadership are taking things for granted, as if things will turn around by itself just because things have turned around in the past. But this apathy is very dangerous. Here is why - we can say with fair bit of certainty that Romans must have also said during their time of crisis that things will be fine, they have always gotten fine because we are the Romans, the empire of Gods, or whatever. Likewise, this time around, media/leaders are guided by similar rhetoric. I find this behavior very dangerous. In 1930s/60s/90s there was able leadership and American generations during those times were ready to do their share. It doesn't appear such this time, atleast not right now. Maybe we have sometime to come out of the crisis and things will change in the near future. But without change in the direction, things don't look very good right now.

    Rome was not built in one day and it did not perish in one day. If leadership and population continue to ignore the gravity of the crisis, there is only one possible outcome.

    The positive aspect this time around is, due to globalization, other nations have stake in American economy and are willing to come to the rescue. Even nations like China and Russia are willing to step-up. This would have been unthinkable in an un-globalized world. But other nations can only do so much. Ultimately, the larger population in America will have to step up, and that includes us, there is no other way. Now G-7 is working together to come up with a comprehensive plan. A lot of people beat down on globalization, but till now it is working as was designed, which is good, and other friendlier/unfriendlier nations are willing to step-up.

    Another foreseeable opportunity to fight the current situation is, world energy crisis. America can use the world energy crisis to turn things around, not necessarily subscribing to ideas from businessmen like T Bone Pickens/natural gas to promote their business and blah bhah blah, but something else, which makes America - a leader to solve the energy requirements of over 6 billion people, when estimated 20% of the world population consumes 95% of the world energy.

    I don't know if you should buy property in India or if you should buy gold. But in the grand scheme of things, if I were you, I would hang on to the "cash" very close to my chest. Things are really bad, a lot more than what meets the eye or what is apparent.



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  • Refugee_New
    08-02 12:18 PM
    Hello guys please let me know if i am eligible for filing WoM.

    My case details are:
    EB2, PD 02/12/2002.
    I-485 RD: 06/06/2007 and ND: 06/15/2007

    I have converted my EB3 PD to EB2. Last month i applied for EAD renewal thinking that it might trigger my GC approval(some people still believe in this)

    Today i received my EAD with 2 yrs extension. I consider this as a bad sign because USCIS clearly states that if the visa is unavailable then they will issue 2 yr EAD.

    In my case my PD has been current since i filed 485 except two months in this year when EB2 was U.

    I have opened 3SRs(on march, april, june 08), went for infopass once, written letters to 3 senators and 2 representatives on july 7th, 2008, sent fax to NSC, also sent letters to NSC and NSC director twice, called NSC several times. I could not get any status update other than the regular response(case is pending and waiting to be assigned)

    After taking all these efforts i recently received response for one of the SRs(for june 08) stating these type of cases taking time for approval and i need to wait patiently.

    I dont know if i can wait anymore because i have been waiting for close to 7 yrs.

    Now in this situation can you guys please let me know what i should do and what should be my next move?

    Do you guys think i am eligible to file WoM? if yes please guide me on how to do it.

    Thank you so much guys. Looking for some help.

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  • Ramba
    02-18 02:52 PM
    greenlight: Thank you indeed to share such useful information with rest of us.
    As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.

    Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.

    Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).

    I would appreciate input from others who have some knowledge or experience of above situations.

    Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.


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  • chanduv23
    12-08 11:11 AM
    excellent stuff - everyone must send their stories. Kudos to this thread starter - please keep this thread on top.

    Mods - can we hardwire this thread?

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  • alapkd
    08-26 10:37 AM
    Banking service is still way behind in comparison to US institutions. ICICI has to compete with nationalized banks in terms of competency and customer service so they surely do better but it is highly openly discriminatory depending on how valuable they think you are to them. Something that exists here but is very transparent. But I am sure ICICI has engaged in many questionable practices from marketing to collection, there have been some lawsuits as well against them.


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  • GCOP
    08-12 02:21 PM
    I know, there might not be sufficient time to get this bill passed in remaining days. But we should try , there is a slight chance, it may pass. Let us Hope for that.
    Chances of this bill passing through all the steps are very slim in this year.

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  • GCOP
    08-12 01:26 PM

    Once the Break is Over in 2nd week of September, We all should call members of congress , as many as possible, to get their Support for Visa Recapture Bill. If that bill passes, it will help all the EB categories.


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  • desi485
    02-11 01:09 PM

    I did a quick search and did not find answer to this. Apologise if this is a repost.

    But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?

    Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.

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  • ramaonline
    03-22 12:12 PM
    AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
    Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.


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  • pushkarw
    12-21 12:09 PM
    Have you contributed to the MILLION dollar drive? Please visit the funding thread!

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  • geve
    02-06 02:37 PM
    Dear Core team,

    Thanks for your efforts and initiative. Those who or not part of Core team has no right to question thier ability, or asking for updates every hour. This is purely a volunteer organisation founded and managed by Core team.

    PAPPU and logicfile have every valid point. How many of us are really trying to help either work or financially? However we visit the site 10 times a day.

    Well I request the CORE to kindly ignore and try to achieve our goals. No doubt in this aspect you are the leaders who took initiative. we try to follow and support our best.

    Please ignore the people "who knows not and knows not that they knows not". Shun them.

    PD 2003
    I-140 Apr 2006
    Contributed :$120
    signed up for recuring $20


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  • hebbar77
    05-20 12:58 PM
    How about a IV visitor health/medical insurance?
    Because of the numbers premium will be damn cheap I am sure!

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  • waitingGC
    02-07 02:06 PM
    It is just speculation that it will take 10 years or 15 years. Actually past 3 years atleast 50% h1 were used by TCS,WIPRO and similar companies. So those who are processing gc is less. But it may take some time to clear current backlog as we had 195k H1 cap till 2003. If 65k h1 cap is there then it will be 3 year waiting period for EB2 and 4 to 5 year for Eb3. People will speculate based on number of H1s. But their calculation is not including the number of people who are giving up and also many people are going back. But if they increase H1 then the situation may become worse. I think one time releif will be enough to resolve the issue for
    next 5 years. But Skil bill is asking too much(May be for permanent resolution of
    gc issue) and opposition is more as anti immigrants are quoting the numbers. Remember in 2000 the relief of recapturing previous few years did not attract
    large opposition and passed easily. Simlarly if H1 increase also limited for 2 or 3 years that can be passed easily as we can convince Senators like Sessions.
    But if we keep on asking so many numbers of H1 and Gc and also exemptions
    for Master degree then we have to wait for CIR as this will have lesser impact
    in numbers compared to illegal immigrants.

    Yes, you made a very good point. I totally agree with you. Most people here do not really care about the fundamental immigration reform as long as they can get their GCs. Maybe instead of asking for SKIL which is very controversial, we should just ask for visa number increase for a specific period, for example, 5 years. That will solve our problem and is less controversial. After 5 years, all of us here should have had our GCs. The rest of the problem can be left to other people.


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  • gccovet
    06-13 10:21 AM
    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.

    I can understand your feelings.
    As of now, the only solution is to support IV to push for getting wasted numbers back and removing per country quota.

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  • ramaonline
    03-22 12:12 PM
    AC21 is a law but certain provisions of AC21 have been introduced in separate memos.
    Job portability under AC21 is also part of a guidance / memo - so if any AC21 case goes for hearing in an immigration court, any change of employers while 485 is pending is considered illegal. This is not very common though.

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  • amitjoey
    09-13 06:32 PM
    Regarding the 1st point, we, or at least I, am already trying to recruit as many people as I can, also posted IV posters in a few places.
    Does anyone know how the illegals got word out about their rally across the country, or specifically press coverage about it? If so, we can try to use the same source, not for a rally, but to get IV's name out and talk about our major issues reduced to 2-3 points, so it is not confusing for the public.

    Regarding, 2nd point, I think we can all contribute small amounts, say $50-100, but unfortunately most of us are stuck in low paying jobs. If we can get employers involved, that could be a better source of funds. Seriously, I dont expect many employers to contribute, but maybe academic employers who are losing funding because their H1-b employees are not authorized to get it, might be more willing to contribute.

    Also, is anyone aware of any Indian American politicans, perhaps local Congressmen, that we can contact? I think I read recently of one in Texas.

    Here is a story on a senator from Delaware who seems to be suportive of Indian Americans, although the story is on how he made a blunder talking about them:

    Also, though you are probably aware of these organizations, maybe we can apporach them to help publicize our cause where it matters:
    1) Indian American Republican Council:
    2) Indian American Center for Political Awareness
    I agree with rheoretro, the first thing that any member feeling helpless here should do is to get more publicity for IV. Talk to people in the same situation
    who are suffering because of backlog or cannot file because of retrogression.
    Please urge all your friends, influence them to contribute to IV.
    Lets continue doing that on a daily basis and then if you feel you can do more, start writing to your local representatives, senators, house members.
    I have written atleast 2-3 times to my senator on numerous occasions.
    I feel, your words, combined with your thoughts about how this affects you helps a lot in conveying and putting the message across.

    I just got sending a email message to my senator here, I am going to follow it up with a letter.
    Email message reads like this:

    Dear Senator Boxer
    I have been a legal resident in state of " " for close to 5+/X years and I have been a legal resident in the USA for a total of X years.
    I am a legal immigrant, whose application for permanent residency has been pending for the last 3 years.

    The U.S. government makes only a certain number of immigrant visas (green cards) available each year and these are allocated among the various immigrant visa categories and countries from which applicants seek to emigrate.

    Retrogression: For the past few years, the number of immigrants approved for employment-based immigrant visas has been lower than the number of visas available, resulting in no backlog in visa numbers. Recently, the DOS has seen far more immigrants approved for employment-based immigrant visas and has run out of visa numbers in certain categories, causing a temporary backlog or "retrogression" of visa numbers.

    EB-3: This visa category includes employment-based immigrant visas for:

    1) professionals with a bachelor's degree
    2) skilled workers in positions requiring two or more years of experience or training
    3) unskilled workers

    Chargeability: Immigrant visa numbers are further apportioned among the various countries from which applicants seek to emigrate. Each country has a limit and each approved applicant is "charged" against his or her country's limit.

    Also to complicate the matters, there are those folks that came here illegally that were allowed to change status based on 245(i). Every year in Oct (start of new fiscal year for the govt) 140,000 visas are made avaible for EB3s. These 140,000 visas are divided amongst the different nationalities. Some visas are now going to be eaten up by the surge of 245(i)s from 2001. Irrespective of the the nationality of the 245(i) applicants, they are impacting every category witihn EB3. That is the main reason that almost all EB3 categories have retrogressed and will remain so for a while. Its a grim picture but thats the reality.

    We need some intervention from Congress, otherwise people like me will have to wait for years - possibly half a decade or more

    I support your opinion that there cannot be any amnesty for illegal immigrants, but there should be emergency relief for legal immigrants stuck in the logjam for years. We ought to make it a little fair for legal, honest and law-abiding legal immigrants.

    Please support any bill that gives a temporary relief to legal immigrants (especially Employment based applicants). A temporary increase in the number of Visas allocated to the Employment based categories can substantially alievate some hardship.

    Thanks for your understanding
    Future Citizen, proud resident of state of California


    06-16 09:57 PM
    Wow that looks great!

    03-30 02:40 PM
    Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

    But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

    It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

    I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

    Is there anyone else in the same boat? How long does it take for MTR to get processed?

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