Friday, June 17, 2011

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  • sac-r-ten
    05-12 03:21 PM
    Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.

    How does one find the local congressman/senator's contact info?
    i would like to get help on my MTR/re-appeal for 140 denial.


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  • tikka
    07-02 04:20 PM
    Money Spent On 485


    1) usd 325 PER PERSON FOR 4 FAMILY MEMBERS - 1300

    2) US D 180 + 170 FOR 3 FOR EAD ---- 1050





    TOTAL EXPENSE --- USD 6900


    was posted on the other thread...

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  • H1bslave
    11-19 03:35 PM
    Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.

    my 2�

    Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
    The general idea in a desi mind is "why should this other guy get his GC first".

    Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)

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  • TheGreatMan
    07-06 09:48 PM
    BTW forget about the writing skills ..what are your options??

    Nothing other than INDIA if you get kicked out.


    If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:


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  • jjjun
    04-02 01:07 AM
    Fax sent

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  • neelu
    04-20 12:20 PM
    Here's what I sent...

    I am writing to inform you of how the country based quotas imposed on Employment ( Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in a very short time (about an year).

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this unfair policy and reinforce that America is truly a society that celebrates meritocracy.

    About me:
    I have been in the US for over 10 years. I work for company ABC, for which I am happy to say, I recently wrote an algorithm (patent pending) which brought in about 10 million dollars worth of contracts to my company.

    I have paid $xyzn federal taxes, $xyz in state taxes, $xyz in medicare taxes & $xyz in SSN taxes over the last 10 years. There are my monetary contributions to this country.

    I was privileged to have volunteered in your 2008 presidential campaign. I was and am inspired by the new politics and policies that you talked about. A legal immigration fix is something that is low cost high benefit for the country - so I implore you to make this a high priority.

    Thank you.

    Hello Neelu,

    Can you share the draft of your modified letter?



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  • Kushal
    11-21 02:48 PM
    That's very true. Shame on us for being lazy and waiting for the right moment.
    The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.

    I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..

    Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.

    The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!

    Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.

    We don't have any magic spells or potions in our pockets. We need your help to succeed.

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  • qtoask
    07-06 03:43 PM
    Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...

    thank you


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  • morchu
    07-20 01:22 AM
    Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.

    Coming to the point.

    Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.

    Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.

    Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).

    Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.

    It is all upto you still, the choices.
    We all make some choices like this at some point in life.


    Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.

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  • bestia
    01-26 08:51 PM
    Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.

    I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.

    Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.


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  • ujjvalkoul
    06-26 04:29 PM
    Great. Thanks. That's what I had thought until someone came out and said that digital photos are unacceptable.
    and that someone was me as my attorneys had suggested to in their memo. Now I will take this link back to them:

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  • ssss
    11-09 04:36 PM
    did you receive any transfer notice??

    Yes we did receive the transfer notice 3 weeks ago.


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  • garybanz
    11-03 09:58 AM
    There are ppl who moved 2 or 3 months after getting GC and have got their USC

    AC21 N400 Cases - 2010 (

    I went through the entire thread, i did not find any cases of people who had never used AC 21 and who left their employers right after 485 approval.

    To be very specific, we need clarification on what the consequences are of leaving the sponsoring employer right after getting the GC esp people who never used AC21 and have been with the sponsoring company for several years before getting the GC.

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  • coloniel60
    08-14 06:23 AM

    Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.

    On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.


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  • chanduv23
    03-11 02:44 PM
    Read this

    It is not so easy to convince Sen Grassley.

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  • SDdesi
    06-05 12:22 PM
    How does this memo affect the AC21 portability if an approved labor cert is revoked? This also raises the question: Since the PERM cert is only valid for a certain period, can it be revoked after its expiration date?:confused::confused:


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  • webm
    10-26 10:15 PM
    on Oct 23 mine and daughters GC were approved.
    But not for wife. do i need to file service request for her or something?

    Many Thanks to IV!


    BTW,which service centre?

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  • perm2gc
    05-22 04:24 PM

    I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,

    I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,

    I care less these days, but don't make to loose respect for IV
    We will always sleep and never wakeup.That's all we can do .

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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.

    11-02 01:58 PM
    I'm getting my bag of M & M's and box of Kleenex tissues ready.

    06-29 08:14 AM
    I have been resisting reading this thread until now. Had a gut feeling that something with such an idiotic title cannot have anything meaningful. Anyway, just read this and couldn't help rolling on the floor!

    So basically this crackpot "rajakannan" files in June and tries to con everyone into applying on July 31st, thus ensuring two things (IMHO):

    1. USCIS won't delay sending his EAD and AP due to deluge of I-485 applications.
    2. In case the dates retrogress middle of the month (mid-July) due to large volumes of I-485s from people (from other countries or those who don't visit here), then that reduces additional backlog for his case.

    Good job, "rajakannan", you have only managed to insult your intelligence by starting this thread. Members/Visitors here have noble intentions and hearts of gold not to wish bad things for your I-485.

    Crawl back under your mushroom and don't ever come here again.


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