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Wednesday, June 22, 2011

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  • glus
    12-28 09:48 PM
    Anyone invoking AC21 with unapproved I-140?

    It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.

    Hope it helps.

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  • indio0617
    12-20 01:41 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.


    Very precise analysis. Thanks for posting this one.

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  • mbartosik
    01-26 10:31 PM
    The standard stuff line, I'd say is a frequent sign on foul intent.

    If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.

    If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.

    You could even write your definition of "training" on the contract before signing it.

    If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.

    If there is foul intent then you don't want to be working for him anyway.
    Maybe try speaking to any other employees on H or L visa by way of references.

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  • amit_p27
    06-26 11:43 AM
    First of all congratulations on arriving at a mile stone. But obviously it is not end of the journey.
    It is also not a time to say "thanks and good bye" to IV. Consider the fact that IV has done a lot for us, at least by making Congress aware of our plight and giving the anti immigrationist some run for their money and at times making their heartbit to skip. It is a different matter whether we got the law passed to address our problem, we may not have that much power; a simple fact is that we do not have voting power and Indian-American or Chinese-American community is not 100% behind us.
    But in times like this at least members like you should not leave IV. Then those who have made the dates temporarily current to divide us have just achieved their goals. Anti immigrationist and the writers of the senate amnesty for illegal aliens bill would smile after reading your post. In fact you should announce a one time donation to IV to celebrate your milestone and pledge your continuing support to IV.


    Donation $500+ and continuing

    I am not saying Thanks and Good bye, As you see even after my GC I am still responding to your message. I am fully supporting the VI initiative. but the problem is that USCIS will do only what they think it is right and not what is really right. Me being in the Q for so long , I will never forget the Horrors of waiting for GC, even after getting the GC.

    We as indians are divided lots in every area, we are like CRABS. certainly I am not one of those CRABS, My friends will give a ample proof about that.

    In matter of fact, As a community, we are not PROUD about OURSELVES and our HINDU CULTURE, we cannot make any DHARMIC efforts to come under ONE UMBRELLA and fight for our cause. IV is one initiative, which is good but not enough, because do we get any help from our Indian Embassy or any Indian Organisation in America to support us, NEVER. this is because we DONOT LOOK UPTO OUR INNER VOICE AS HINDUS. I am not saying this to you in particular, I am referencing this as an INDIAN COMMUNITY. SO PLEASE NOTHING PERSONAL.


    thanks for your suggestion i really appreciate that.


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  • alex99
    05-30 11:44 AM

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  • Ramba
    08-08 12:22 PM

    I am also in somewhat same situation. So thought of sharing it in this thread.
    I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.

    But this question often hunts me...

    1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??

    2. HOw long does it take to notify USICS to withdraw my 485...??

    Thanks in advance..

    0.0001% chance that your 485 will be approved when your PD is not current.
    Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.


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  • pvganesh
    01-05 02:58 PM
    Hi Sheila Danzig,

    I have an ICWA degree from India. Do you think this can support my 3+2 years education to support a EB2 case.

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  • MLS
    06-26 05:19 PM
    Thank you very much !

    visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.

    Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.


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  • JunRN
    06-06 10:37 AM
    Going back to the supplemental AC21 memo:

    Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.

    And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".

    Do you think this is a plausible scenario?

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  • Waitingnvain
    07-17 12:22 PM
    I think you might be getting stressed out for no reason vis-a-vis the job market. Most of the people applying (~500k by your estimates) are already on H-1B or L-1. The number of spouses getting EAD is another question.

    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........



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  • zoozee
    08-28 03:49 PM
    Gdhiren:Can you please send me your email id mine is zoozee4@hotmail.com
    I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.

    Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).

    Thank you guys for flying all the way from west coast.

    PS: Waiting_4_GC, I have your flight info.

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  • sheela
    02-21 12:10 PM
    Also , answer HONESTLY. please keep in mind they come for clarification on info they already have in hand.
    good luck


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  • NKR
    07-25 11:21 AM
    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. US have lots to offer us if we just let go and start enjoying life. Good Luck!!

    Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)

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  • yabadaba
    06-27 02:50 PM
    hey guys the main problem with digital cameras was that the images from them could be pixelated whn using a lower megapixel camera and/or printing from one of those home photo printers.

    i think as long as u dont have pixelation, u will be fine no matter how u print/ get those photos.

    i would say use at least a 4 megapixel camera without any flash


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  • Rajk
    09-10 02:26 PM
    A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.

    I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.

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  • Deepika
    08-07 07:00 PM

    The best option would be (1) F-1 (2) H-1 (however both would take time).
    I suggest you discuss this with your future wife as it is a decision and effort from both of you to go through the next process.


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  • hebbar77
    05-18 07:07 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or another...it's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?

    You made my day!

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  • alterego
    12-04 06:10 PM
    Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
    My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
    On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
    So I repeat my question..................Why is this good again?

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  • apt29
    08-12 04:52 PM
    A little unrelated question but couldn't find the the right thread to post it...

    What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?

    Another similar Question:
    do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.

    09-27 10:35 PM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    enggr... First Welcome IV!!! The great place to meet like minded people.

    If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

    Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

    In any case, You need to respond to RFE with a good business case. and go for the next step.

    Good luck buddy.

    04-10 10:11 AM
    Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....

    And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?

    From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.

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