Monday, July 4, 2011

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  • logiclife
    06-20 10:33 AM
    No one has to do a vote on scrapping CIR. The absence of any activity towards appointing a conference committee and scheduling a conference committee to reconcile differences between House immigration reform bill(HR 4437) and Senate immigration reform bill (S 2611) would cause both bills to stay as-is in house and senate respectively without making any progress towards becoming a law.

    No one has to formalize this. Not working on it is good enough to kill reform. I dont think anyone is going to come out and say "CIR is dead". However, if house and senate leadership indicate that "we need more time to read Senate's bill", or we need more time to understand and "Hold hearings" etc, its evident that they want to throw roadblocks and postpone it. Which is the same as pushing the bill to its grave.




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  • diptam
    06-23 10:51 AM
    I believe we did sufficient Brain storming on this and the following bottom lines came out to extract EMPLOYER LETTER :-

    a) Tell them softly you will bear expense for 485 on your own as you feel for company interests and growth perspectives and that may get hampered if company has to bear the cost of 485 for most employees together and request them to just issue you the EMP letter.

    b) Tell them that your well Educated wife is getting frustrated day by day sitting at home and this 485 will give her the much needed freedom to go for a job or start some small business.

    c) If they ask for a bond - talk to them sweetly , negotiate the bond wordings as much as possible and sign it - Try to keep some emails / voice mails saved and later on ( after Porting Jobs) use them to let your employer know that you are going to DEPT of LABOR to expose the whole story if they bug you or threaten you too much.

    Following 2 are little more aggressive approaches (Single's can pursue)

    d) If you have 2 yrs of H1B left tell them that you are simply leaving them because these days Perm + 140 takes 3-4 months for right employer and PD are all current.

    e) Tell them that you are working with another company for a Labor substitution unless they issue EMP LETTER

    Following one is a extreme risky approach and is not recommended

    f) Some one mentioned about somehow getting a Letter head and helping
    yourself .... But your whole efforts and money could be wasted at a later point of time.

    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




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  • ganguteli
    03-10 03:26 PM
    Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.

    Senthil, I agree with you for once.
    However some people are too bent on doing this campaign that they forget the realities. Maybe they are having a secure jobs and have EADs. So they have nothing to lose. For people on H1B any wrong step will cause government to shut down the entire immigration or punish immigrants. They did it with TARP and now they will do it in every industry if we do not understand. The newspaper headline will be H1B Indians immigrants asking for greencards after taking American jobs. Like it or not, but this is how antis will show us and all Americans and lawmakers who are sympathetic towards us till now will support antis due to bad economy and for the need of Citizens to stick together in bad times. You have also made this issue of Indians and that is a big no no. Indians now getting a bad name and have become notorious and if you highlight 'Indians' then you are in for a failure. So any campaign should be about all immigrants and not just Indians. Indian Immigrants are having a bad reputation in IT circles these days.

    Guys do you know that economy is going from recession to depression? I read somewhere that in the last depression they shut down immigration. So let us not do anything that will be hard on H1Bs just because you have a secure EAD cards.




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  • pappu
    03-10 11:25 PM
    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
    The annonymous member who posted this message has not even logged back in to this website after posting the message and we are discussing this topic for days. If you start a new thread, dont just start it and run away. Try to see and respond to the discussion. If you post a question and your question is answered, it is always good to thank members that answered your question. All this helps build the community.



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  • SGP
    11-19 05:12 AM
    Bump




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  • Dipika
    06-13 10:04 AM
    did you google it?
    i couldn't find any recent successful story from google.

    canada landing and returned on AP on FEB 08

    http://www.immigrationportal.com/showthread.php?t=74167&page=40

    My landing experience

    --------------------------------------------------------------------------------


    Patagonia
    ------------

    Hi,
    About a month back, i had gone to land at Vancouver though my actual destination was elsewhere. I flew into Vancouver and was directed to the immigration formalities area. I had taken the amount required as Cashier's checks.

    It went pretty smoothly. The person in charge took the address in Canada where the PR card was to be sent. When landing, watch out the question how long you plan to be there? That was it !!!

    While returning, I came back using AP documents. That was also smooth.


    Thanks for other people's experiences. It was helpful.



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  • cal97
    11-07 07:11 PM
    SJ,

    o Yes, mine is a NSC->CSC->NSC transfer case.

    o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.

    o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.

    o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.

    Hope this helps.

    hi cal97,
    Are you a CSC-NSC transfer case?
    Are you telling that FP was already sceduled even before you went for Infopass?
    Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
    Thanks a lot
    SJ




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  • immigrationaccount
    08-28 06:19 PM
    For those who got approvals,

    Were there any RFEs regarding birth certificates in the cases where an affidavit was submitted initially?

    I submitted birth affidavit with my application, PD 24/March/06, goes current from 1/Sep.

    I understand from my parents that it takes good effort and may take long time to get the birth certificate. It will be a great help if you can share your experience.

    Thank you.



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  • redcard
    08-20 01:43 PM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.

    I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.




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  • jsb
    11-02 11:56 AM
    I was confident on this before, you have just made me super confident.

    I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
    cjain:

    Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.

    Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.

    There are always grey areas in law, otherwise we don't need lawyers:).



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  • June05
    08-13 09:43 AM
    I and my wife received our cards yesterday.




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  • gc_bulgaria
    09-20 01:20 PM
    EADplease,

    I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.

    But if your checks are cashed then the receipt notice must be in the mail.:)



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  • simple1
    05-01 03:34 PM
    I just donated, my id is not reflecting it.

    Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.




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  • i99
    09-25 03:57 PM
    I140 or H1-B is another story, but, I485 is solely your application. You are entitled to talk to the attorney who sent your application (and put his/her name as a contact to USCIS) BY LAW. For I485 he/she is representing you, thus have to reply to your inquiries. It might even be ILLEGAL for the attorney to give info about your I485 to your employer.

    How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.



    Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.

    Sub. Labor - Priority date aug 5th 2004.
    i140 approved.
    485 package sent on 2nd july. i dont know when/whether they receieved it.

    My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....



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  • nik.patelc
    02-09 09:42 PM
    Contributing 50 dollars monthly...

    I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
    1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
    I m sure all members can hire IV for legal advise.

    2) Create a community and help members who lost jobs recenlty...

    Regards,
    Niraj




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  • edgarrecto
    12-16 09:37 AM
    the january 2008 visa bulletin reflects that the eb3 category has a priority date of october 15,2002. are we made to believe that those persons who have priority dates of october 15,2002 and earlier, did not immediately file for adjustment of status but instead they will only file now this coming january 2008? is it believable that there are still applicants who will be filing now this janiuary 2008 even though their priority date is as early as october 15,2002?



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  • FinalGC
    07-09 02:06 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    Answer is NO.




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  • simple1
    05-01 02:02 PM
    thanks. IV Core could you please discuss and advice ?

    This is an excellent point. I would like to raise this up in next IV conference call.

    Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.

    Maybe someone more knowledgable or from the core members can throw some light on this.




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  • GreenMe
    07-10 09:52 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD




    sam_hoosier
    12-16 06:45 PM
    if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.



    Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.

    A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".

    If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.




    anzerraja
    07-20 12:22 AM
    Sam ,

    10 to 20 is too low.

    We are going to target for the entire 640(with $100 each) genuine guys. Comon, Good people like you are not that hard to find in IV.

    TOGETHER WE WILL GET THIS DONE BY TOMMOROW !!!



    good goin guys

    lets shoot for 10-20 pledges tomorow


    Comon show that we care for the Core team



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  • greenrohit
    11-18 07:24 PM
    Done!




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  • chandarc
    07-21 08:31 PM
    check.
    Yes, Please share the template.




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  • buddyinsd
    08-23 01:05 PM
    Thanks for sharing this...But I've not yet applied for my EAD renewal...

    My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.




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  • eb3_nepa
    08-18 03:02 PM
    Wasn't that appropriate here? Aren't they use this word in day to day life?

    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here



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  • h1bmajdoor
    07-07 08:57 PM
    All officials have talked about processing 60k visas in a month to avoid visas going waste.
    None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
    So, why the mad rush to give out all visas by 06/30?? We all know why..

    some people say this was because of the Kennedy-Bush bill... to get good press for the bill.

    IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.




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  • GCVictim
    08-14 09:18 AM
    Yesterday, My lawyer sent me receipts for my EAD, AP and my wife AP.
    Now I am waiting for my 485 receipt and my wife 485,EAD receipts. How it is possible without 485 receipts, I got EAD and AP receipts.

    Any idea?



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  • dkann
    08-25 05:01 PM
    I applied for EAD and AP renewal on June 30. I received AP approval on July 18th and got EAD approved on August 15th.

    dkann




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  • snathan
    02-09 07:51 PM
    ^^^^^^^^^^^^^



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  • dtekkedil
    07-03 12:04 PM
    Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)

    http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0

    Select Occasion: "Sympathy"

    The message: All the best for future Employment Based visa estimates

    Delivery location type is Business, US Citizenship and Immigration Service

    Address:

    Emilio T. Gonzalez
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Phone number: 202-307-1565

    It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D

    I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)

    The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)




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  • maag
    05-30 12:12 PM
    Thanks Marty for all the advice.



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  • raidohri
    05-23 04:30 PM
    Can some one post all the email addresses in one place or at least tell me how to do . i am ready to do that

    Nand




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  • Beemar
    09-04 11:10 PM
    Got the magic email!! Yoo Hoo!!



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  • delhiguy
    07-08 08:47 PM
    macaca, This is really good point


    There could be 3 reasons , which i could think of

    1. The CIR, which was providing amnesty to aroun 12 million illegal residents in the US,so they wanted to keep the legal residents happy.

    2.The DOS wanted to force USCIS to finish its backlog, if the dates were current and USCIS would have to accept our applications then they would have to process a lot of EAD/AP and would required a lot of work, They could put the 485 in queue but not AP/EAD. So the only way for USCIS was to process the backlog(At least many legal residents got GCS)

    3.USCIS wanted to avoid accepting these applications till July 30, to get more fees( I think this is the least possible reason)




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  • morchu
    05-04 09:54 PM
    See the post of "vbkris77".

    The specific regulation is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======



    I spoke with our attorney
    He said
    INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.



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  • sparuthi
    09-14 12:47 AM
    I will contribute $200 from my side, and I can also get discount on Lawyers thru my firm...




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  • LostInGCProcess
    08-29 01:45 AM
    So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?

    While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.



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  • sss9i
    09-11 10:56 PM
    Please create link to main page So that everyone can access easily.




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  • eager_immi
    12-12 03:16 PM
    Does anyone know what bill was AC21 attached to in Clinton's Administartion. That will give us some clue what bills we can tag to. I know the world is really very different after 9/11 but this is something we should look into to see what worked before might work again.




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  • mnq1979
    09-22 09:38 PM
    Today i received mine and my wife Receipt # for I-485 application which was received by NSC on 23 July. However the receipts that i received is from
    California Service center as they start with WACXXXXX.

    My lawyer also applied for the work permit for myself and my spouce but i havent received any receipt of that applications. I did not confirmed with my lawyer yet whether he has received any receipts or not.

    I cheked the status of my I-485 application and it says that they have transfered our case to TSC.

    The receipt date on the notice is sep. 15 2007 and the notice date is
    sep. 18, 2007.

    I belong to EB3/ROW category.




    desi3933
    07-09 11:37 AM
    Based on a quick scan of the above documents (which may not be a complete list of documents on AOS), I did not find a single reference to LAW that specifies when AOSs can (not) be submittted by GC applicants. My guess is that there is no such law That is why AILA is calling it rubbish.

    I urge everyone to scan these (and othet documents) for LAW that specifies when AOSs can (not) be submittted by GC applicants.


    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.


    [Emphasis added for clarity]


    ______________________
    Not a legal advice.




    doshhar
    07-07 05:33 PM
    Can we finalize the date for rally? Is July 14th ok with everyone of you? We have one full week to work on spreading this to different groups.



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  • anzerraja
    07-20 12:35 AM
    Dagabaaj !

    Thanks for your contribution !!!

    We sincerely hope that finding 640 (with $100) each is definitely not a big deal in an organization like IV.


    TOGETHER WE WILL GET IT DONE TOMMOROW.



    $100 from me.......I will try to convice some more this weekend...lets move the drive to end on Monday......my2censt....




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  • jfortune
    06-27 10:05 AM
    The VP signed the letter and asked me to let him know when I get green card. He will throw a party to celebrate!




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  • eb3_nepa
    11-21 04:27 PM
    I dont mean to sound uncaring here (our prayers and support is with Mehul too), but almost no one has answered his original question.




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  • Pagal
    02-17 02:46 PM
    50 USD .... Your transaction ID for this payment is: 288115376C5408310.

    All the best with Advocacy Day ... we are awesome! :)



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  • Ramba
    07-28 12:08 PM
    I dont think he 'threatened' EB2. He challenged. But if you were frightened, it is not his problem. who should go where?!

    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.




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  • royus77
    06-22 03:40 PM
    its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.

    Its our fate


    L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer



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  • mmanurker
    02-15 02:27 PM
    Donated $100...

    Your receipt number for this payment is: 4620-5387-3448-6682




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  • ssa
    07-28 12:47 AM
    It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.

    Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.

    Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .

    is there anything that says that distribution further has to be done in a particular way ??

    I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.

    In that light every comment about EB*->EB? , failing smell tests are speculative at best.

    You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.



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  • chanduv23
    07-08 03:04 PM
    The exchange between Chanduv and Desi3933 has been a refreshingly objective discussion and is a welcome change from the typical hyper-reactionary posts one sees more frequently in this forum.

    One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)

    While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it

    Well said. healthy discussions help introspect ourselves. In day to day life we seldom see people trying to be wise and good. At workplaces, there is no healthy discussion - all people do is to watch out their backs and talk accordingly - which leads to false perspectives. These days when we give a good advice to friends or someone they may not percieve it in a good way with a "stop preaching me - go help yourself" attitude.




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  • kanyewest
    02-12 11:13 AM
    Couple of questions here -
    1. Did you report for work? Also, did you indicate to your employer that you are ready to start working?
    2. Did your employer terminate your employment by giving you written notice of employment termination? If not, in that case, your employer is obligated to pay you until
    a. your employment is terminated
    AND
    b. USCIS is notified of such termination. (Section 214.2 (h)#11) of 8-CFR)



    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...



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  • mhtanim
    04-29 01:35 AM
    No. Tried to call NSC a few times and got diffferent stories on why my fp notice is being dealyed. I gave up trying after my last call 2 weeks ago wherein an IO told me to wait until middle of May.

    Mine is like your's - NSC - CSC - NSC. My I-485 receipt number starts with WAC. No FP notice yet. Who knows what they are doing.




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  • sledge_hammer
    02-12 02:31 PM
    You are missing the point here again and taking whatever I said out of context!

    Read the OP's issue again. She never said that she did not understand the laws fully. In fact both her and her desi consulting company know the immigration laws too well and have found loopholes to take advantage of it, which is morally wrong. Now tell me if it is wrong when I say this; If you know you are going out of status because you do not have a job, and you still do not change your status back to H4 in the hopes that you'll eventually land a job, then you have no right to stay in this country.

    Please refrain from bringing in the refugees, their struggle and hardships and try to dilute what I have been saying in this entire thread!

    Sledge_Hammer - You are so shallow in your thinking!

    Every rule in this world has a human aspect. I urge you to grow up. Immigration rules in this country are so complex that even lawyers conflict with each other. We are simple human beings and most of the time we do not fully understand the law. Yes, it does not give us the authority to break the law, however, there are times when you become "out of status" by just sitting at home. There are times when you become victim of situation. I have 1000s of refugees in my city who flee Yugoslavia/Bosnia during ethnic cleansing/genocide of 1990s. US working with UN gave them refugee status and most of them have green cards now. Some of them lost sons, some of them lost fathers and they all have stories to tell. Do I go there with my MS/BS degree and tell them that I was in the line before and I should have gotten the GC before them? No! Do I curse the system for that? No! When countries fall apart and when morality/humanity hits the rock bottom, rules, status go right out of the window.

    Please do not be so harsh on forums.


    I do not have anything personal against you but there are times when you are very harsh on individuals and that changes the whole course of discussion.



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  • gc4sk
    06-22 04:39 PM
    My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.

    I was thinking of disclosing my employers name but then I will never be able to file I-485




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  • unitednations
    03-08 04:18 PM
    I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
    Be prepared with good documentation and you should be fine.

    I don't work with L-1 companies.

    I know of this because many of them have h-1b's and want to know how to switch.



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  • kannan
    05-07 06:21 PM
    I got biometrics notice today. Will they take FP also on the same day or Will I get another notice for FP?




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  • sumansk
    09-28 04:42 PM
    Hello All..
    Can anyone throw some light on why some cases have not been receipted so far and are pending for any action..No rejections, no receipts no cheques ..nothing..
    I see guys already starting to discuss EAD and opening companise etc..
    We are still waiting for the ACK fron USICS...
    My case was received at NSC on 18Th July by R cook, whose name I havent seen in this frum...and no info so far..Called USICS and talked to 2nd level clerk but no receipted so far.. so they have no info..
    Guys anyone can you please tell me what cud be the reason for such delays...



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  • desi3933
    07-08 10:45 AM
    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.


    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    This is really a very unfortunate situation.

    The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.

    Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.

    On the practical side, vast majority of employer have no issues with such EVL letters.

    Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.


    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.

    There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.

    I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.

    ---------------
    Life is not fair; get used to it. - Bill Gates

    Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates


    .




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  • stuckinmuck
    05-28 02:10 PM
    Subject: Becoming Illegal (good deal)

    (Actual letter from an Iowa resident and sent to his senator)

    The Honorable Tom Harkin
    731 Hart Senate Office Building

    Phone (202) 224 3254
    Washington DC 20510
    Dear Senator Harkin:

    As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.

    My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.

    Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.

    Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.

    Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.

    Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.

    If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.

    Thank you for your assistance.

    Your Loyal Constituent,

    <First Name> <Last Name>

    <City>, <State>
    Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.

    Please pass this onto your friends so they can save on this great offer!!!!




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  • skark
    08-18 09:36 PM
    Same situation here as well. June 26th was the date USCIS cashed my check, still no sign of any EAD..heck no LUD either except for an AP LUD, and I did not apply for AP renewal at all! Darn I need that EAD very soon...

    Hello Guys,

    I filed on july 7th and still waiting.
    My case little different, my 485 pending at Nebraska and I mailed EAD renewal at Texas (because I live in PA, per instructions in form).

    Do you think my EAD will get stuck because of this? I hope I did right thing.

    Is any one similar situation

    Thanx




    bslraju
    05-23 11:48 AM
    thanks




    GCStatus
    09-16 05:12 PM
    So why doesn't Bharat give you a GC? Funny. BTW everyone is not from Bharat. :D

    Hope you are just joking.

    By the way, i didnt realise we have non-indians here too