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Wednesday, June 22, 2011

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  • TwinkleM
    02-17 10:19 PM
    Still your I 140 info does not show up. Also, my pd is of april 2006. But I -140 not approved yet, pending since june 2006. Ur new update is only giving me a good hope.

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  • snathan
    06-18 03:00 PM
    If you come across people in other forums who are/were suffering in this...please let me them know and ask them to post their story in IV.

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  • logiclife
    12-13 03:23 PM
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.

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  • gg10004
    06-26 03:31 PM
    I initially went to FedEx/Kinkos new jersey, paid 50 bucks for myself and wife 6 copies each. Photos were horrible with yellow tinge, though they were of the correct specs. I refused to accept it, but they said if there are any issues they will be glad to help, but I had to pay for their crap.
    Then I went to Sears, around 60$ for 6 copies each for myself and wife. The prints were excellent, waterproof and not retouched. They printed it out on immigration specified sheets. Only catch was I had to cut out the photos myself, they are not allowd to cut them.


    where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?



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  • akhilmahajan
    08-31 07:40 PM
    We have been calling and talking to ppl all over new england area.
    But we have hardly been able to get a convincing number of ppl to attend the rally.
    Have you watched the bus thread for New England Area. 26 votes, can you believe that.

    We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.

    Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.

    Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.

    LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.

    Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.

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  • kevinkris
    01-28 12:53 AM
    Sorry all, i couldn't find video in english. But the video says it all.
    Chip locks which are normally used against terrorists and criminals are used
    on students of tri valley univeristy.

    It's a human rights, privacy issue at it's peak..

    It's heart breaking to see like this..

    There may be scam from students, university but it's also problem from consulate, USCIS etc.
    This is ridiculous..

    YouTube - AP students face US deportation (http://www.youtube.com/watch?v=RxFHw56fTwE&feature=player_embedded)


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  • anandrajesh
    11-30 10:32 PM
    I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.

    I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)

    May be another point to add to our Debate.

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  • JunRN
    08-22 11:22 PM
    Eb3 will definitely retrogress by about 2 years. Maybe back to June 2002 or 2003.


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  • desi3933
    07-19 02:24 PM
    Where did you get 30 days information? What if it is 40 days instead of 30 days? Is there any official document about this?


    Here you go

    Search for 30 days as per law to start working

    Not a legal advice.

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  • nirenjoshi
    01-04 10:34 AM
    This sounds so much like those puzzles we used to ask each other... You have 2 batsmen each on 98 and only 3 runs to win. how will both get 100... or some such (this is actually very easy)- I dont recollect the exact question.


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  • Macaca
    08-31 06:44 PM
    H1B's are taking jobs

    Employment rate is constantly low
    Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)

    H1B lowers salary

    H1B's salary can not be significantly raised during GC process
    Employer pays for GC applicants immigration fees

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  • greenlight
    05-12 03:26 AM
    I am EB-3 ROW, and my PD has been current since March 2008.
    I am wondering if anyone had to interview before their green card was approved? If so, please share your experience as well.

    Thank you and congratulations.


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  • gcgamble
    12-13 10:14 PM
    I always wonder and think what we do more that cannot be done offshore in India. As a business owner you are always concerned about bottomline. I work for IBM and I am on short assignments at different client locations, during early 2000s some offices used to have exclusive american staff (or should say white) then it was Indians on H1 Bs and now there are more Indians in offices than americans and if I check who they are, 90% of the time they are on site from a outsourcing companies. So I see that as a trend. As a CIO you got to wonder if I employ 90 out 100 of my staff who are high skilled Indians here why cant I just go to India and get them for cheap and tell my fellow CIO buddies how I saved money and how they should also do it. So it is a combination of cost benefits and chain reaction.

    Even I feel what I can I do which my fellow Indian in India cant do, since considering we went to same school etc. It is not like we are inventing rockets here we are all intelligent people to some degree and hard work is part of our blood so if I can do it I bet my neighbor can also do it.I think it not far when everything repeatable will be moved to India same as why you do not find very many americans laying a optic wire cable or digging a road, but almost 100% of the time the optic fibre company boss is American and usually white.

    I understand CIO line of thinking ...he may see all indians around and think of offshoring ..but he dont realize the desi consultants are here through a preferred vendor who might be american who is getting business through this placement and he might be employing one american and so the chain goes on ....But when he says to CIOs and every one start doing the same ..then after some time the Job growth decreases, so is consumer spending ...And as a result ,this CIO may be layed off ,as a part of cost cutting measures and Outsource his job too ...:D

    At the same time i dont know enough to take any side between free trade and protectionism....

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  • lazycis
    11-30 01:30 PM
    Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!


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  • coralfl
    08-22 12:14 PM
    Let us Focus on Rally/ Focus on Local Chapter/Focus raising money; if we want to see any change soon.

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  • nag2007
    10-11 04:48 PM
    Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.

    However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.

    I completely agree with you. Without all these process, u cannot get GC even if you have PD. I think we all are in a fix.


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  • GCInThisLife
    07-19 12:11 PM
    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.

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  • ireddy
    08-22 01:58 PM
    They worked enough for this year and they have lot to do. According to my guess they have the following pending work.

    1. Issue Receipts (Sep/October)
    2. Issue EAD cards for approx 300,000 applicants? (October/November/December)
    3. Issues AP for 300,000 (October/November/December)

    On top of this they need to celebrate thanksgiving and christmas like every citizen. So don't expect too much from them for this year.

    If at all there is some momement in EB numbers, that will happen only between Jan-March(before H1-B madness starts).

    Good luck !

    I think you missed a new one (in news today)
    - Issue new Green Cards for 750,000 (cards without expiration dates have to be replaced)

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  • shana04
    02-12 04:28 PM
    I will like to ask your brain if this could be a problem as i did my H1 B Transfer twice before appling for my I 485 and everything went sucessful my GC sponsering Company is not in good terms they might have even revoke my I 140.

    Is there any way to find out if my I 140 was revoked.

    I applied my I 485 and EAD in July last year my H 1 B was transfered in March Last year i got my EAD's and Finger printing is also done.

    But my PD is Dec 2001 so i have already crossed 180 Days and now have the right to use AC21, do i have to file any particular letter for this.

    Can you guys please advice i will really appriciate your help.


    please be more precise. when you transfered and when did you file your 485 with company A or B.

    08-11 09:32 PM
    I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
    But my question is how risky will it be if I switch job at this stage with EAD?

    Thanks in advance,

    I believe that this is a bit more complex issue and depends a lot on several specific details of your case. At times this is very safe to do and at other times it is "no no". At times it is advisable to inform USCIS and at other times not. It all depends on several specific factors (specifics of your case: details of LC, job title, duties, classification, salary, location etc etc).

    Bottom line: Can't get/give answer on the forum. Definitely worth consulting a VERY GOOD attorney.

    Good Luck.

    09-19 08:32 PM
    I followed up on your GC status from Mr. Gonzales. He assured me that your GC has been sent via Speed Post: it should arrive within the next 4-6 business days. If it doesn't, please don't hesitate to call the toll free #: 1-800-NO-GC-4-ANA

    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............

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