Tuesday, June 7, 2011

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  • GCAmigo
    12-21 12:36 PM
    >>>How about setting up your own consulting company?

    Nothing prevents you from doing it while on H1!

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  • naveenk
    07-22 08:34 PM
    hi all,

    I am EB3 with PD April 06/ I-140 Approved / Applied I-485 and My Employer is shifting the offcice from One state to other state. Does it have any affect on my 485 petition..?? Please respond back with some information


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  • lost_in_gc_land
    01-31 01:26 PM
    Hi statuslaw,
    Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.

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  • vparam
    02-21 09:42 AM
    S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007


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  • anilsal
    07-17 10:39 AM
    Here is my classic quote:
    Please accept my sincere "Shame on You" compliment, if you fit all of the following:
    a) Have a IV membership ID on the forums.
    b) Been visiting IV forums in the last 1-12 months.
    c) Have not contributed a single penny to the IV cause. [MOST IMPORTANT]
    d) Will be benefited from IV work.

    I wonder how you can live with yourself benefiting from the sweat of others.

    To rectify this, please contribute asap. :)

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  • ayaskant
    01-31 11:08 PM
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated


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  • mingan
    12-19 02:10 PM
    Jut get a notorized letter from a ex-employee preferable lead and manager. Also it would be nice if she/he gives it in letter head

    you mean ex-employee on his current employer's letter head? does it work?

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  • chanduv23
    09-14 10:32 AM
    Please allow me to answer your question when I see you in person.!:o



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  • forever
    07-27 03:33 PM
    First Step: Filter out applications based on priority date eligible as per the visa bulletin date.
    Second Step: Process based on receipt date within the applications filtered out in the first step.

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  • life99f
    05-21 07:34 PM

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy


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  • h4_optimist
    05-06 12:47 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

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  • rdx0
    01-10 01:18 PM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?

    That would have worked if the Client had already finished the hiring process and filed for my extension b4 my I-94 expires on Jan 20... I am yet to appear for the interview, it is just that i have some strong references (and they have multiple openings) so I have extremely good chances of getting hired ... so, no, this idea won't work :(... Jan 25th was just a imaginary date that i gave... the hiring process may take couple weeks more than that (yup, unfortunately, it's that slow) ... I was just trying to find out what are my options after Jan 20... would I be just stuck with this staffing company or could I have the Client file for my extension... if it is legally not possible then I might as well just forget about this opportunity :(


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  • akred
    05-26 07:27 PM
    I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.

    Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)

    1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.

    2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.

    I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.

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  • krishna.ahd
    11-27 12:59 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Yes , as you are the one negotiating the deal (rate) on W2 or PERM with future employer and removing the agency ( your original H1B sponsoring compnay) between you and client, you should able to get better rate/salary. Again all depends on location, your experience and technology you are in.
    Good Luck.


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  • sundar99
    02-18 12:14 AM
    I suspect there may be a backdoor to it

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  • cr52401
    04-25 02:18 PM
    Thank you for you all help but I am commited to a project by the end of July. This is the every day work and can not leave at least for 6 weeks.

    DO yuo have any other solution. Do you think it might be a way to go around it?

    Thank you.


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  • f_b_2007
    07-19 10:10 AM

    NSC received my application July 2nd (concurrent filing 485/EAD/AP..)

    1. When do the 90 days wait start counting? From July 2nd? (that would mean I should receive my EAD by 1st October.

    2. I read walk in centers is a service not provided by USCIS anymore. However, cannot find conclusive information (many people say they still do). What will happen then after the 90 day period? How can I get my interim EAD if it does not arrive on time?

    Thanks for your answers and for answering to new thread :-)

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  • msekhargc
    06-21 11:41 AM
    Thanks for your response

    As per my employer adv :

    Required degree : Masters degree in Engineering or related field (no experience)

    The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.

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  • hkimmi
    09-25 03:31 PM

    I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand

    You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.

    Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
    Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.

    Gurus please confirm this �, I hope lot of people might be waiting to hear this �

    07-18 09:59 AM
    Just sent this to 10 of my friends, keep spreading the word

    www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
    recapture of visas wasted last few years
    remove country based quota for employment based GC

    and many more. Also remember it is non-profit and run by people like us stuck in this process.

    Cheers and for confirmation check the article below from business week,


    07-18 05:07 PM
    What is FB of 226,000 ?

    see above

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