Saturday, June 18, 2011

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  • Saralayar
    04-07 10:06 AM
    Can you please let us know if we are making progress towards unused Visa Recapture ? Thanks
    ^^ BUMP^^

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  • Winner
    05-01 03:37 PM
    Winner, Could you or somebody please inform the blog owner of the issue (I am not visting that site again :eek: :mad:). I lost a day due to the virus, don't want anyone else to experience that... this was a pretty nasty virus. Be warned & very careful out there guys!!

    Sorry, I did not know about the virus when I posted the links. I did not have any issues both from my home computer and work computer. Anyways, as soon as I learned that some of you are having issues, I did remove the links.

    I've also posted a comment on the blog re: virus.

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  • validIV
    03-18 12:20 PM
    You should read that RonGothers thread - he is strongly of the opinion that maintaining H1B status while AOS is pending is useless

    Its not useless if you are in a ROW country/category that is always/usually current since your I-485 can be approved in a short period of time, without having to extend H-1. So you can save yourself the hassle of switching back and forth between H-1 and EAD.

    It only becomes pointless when you are in a backlogged country like most of us are. By the time a decision is made on the I-485 you wouldve already extended your H-1 beyond 6 years, thus making it dependant on that EB petition.

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  • abhijitp
    07-19 06:33 PM
    Thanks to the existing rules, I have seen friends/ relatives either sacrifice filing for their AOS, or worse, try to get married in 15 days (or even worse, though I have rarely seen someone do this... get married after filing for AOS and spend years away from the spouse)!

    I believe, Sen. Clinton was pushing for this during CIR, but the amendment was rejected.


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  • ganguteli
    03-16 01:02 PM
    I saw this on an anti immigrant site by a M*****r.

    Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.

    I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.

    They are right to be worried. The L-1 has more restrictions on it than the H-1B, because of a crackdown about 5-6 years ago (if memory serves). They were interpreting ANY IT skill as 'specialized knowledge' that would justify bringing in their folks, then shopping them out to displace ours. Even that notorious traitor, Harris Miller (former head of ITAA) warned them to cut it out, but Hindu hubris prevailed. Until the crackdown. There are two types of L-1 visa, one for managers and one for subject specialists.

    One interesting thing: over on Immigration Voice and on any board that allows posts, as soon as we start nailing the problems of the H-1B visa, they start whining, 'what about the L-1' and 'what about the illegals from Mexico' (as in, go worry about them and leave us alone). When the seat gets really hot for them, then the internal ethnic and caste hostilities often start to show. 'It's those gultis' (Andhra Pradeshis), 'It's those gujjus' (Gujaratis), 'It's those greedy Banias' (large merchant class), 'It's the northerners (or southerners)' and so on and so forth.

    Another interesting thing: In all the years that I've been watching, I've seen many situations where an H-1B has fallen out of status. Firing, layoff, botched job switch, etc. In only ONE case have I seen the advice be, "pack your bags." There are a million loopholes that Americans might be outraged to learn about. 8-9 years ago, the average American had no clue about guestworkers visas, but now they know something has gone very wrong in the job market.

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  • yabadaba
    06-23 06:05 AM
    How are you Yabadaba?

    We missed you.. The other day I saw one of your eloquent posts on a site. Wish to see you here more so that this forum is more lively and useful for others.

    Hi Pappu.. I am always around...i keep doing my share of what the latest action item is.. but kinda am in the background...right now i m in, as united nations once posted in his "stages of retrogression" post, I am at the acceptance stage, that the gc approval will happen when it will happen.

    hope u guys are doing good too.


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  • senthil
    02-04 08:47 PM
    is it nessary to show I-485 pending status assuming you are still on H1B
    ( 8th year )? just want to make sure i show only required docs and not others to avoid unwanted confusion. thanks.

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  • arian2002
    10-02 10:18 AM
    Good that you have paid off your car loans. So now save for emergency instead of paying off your home loan early. Not a financial advisor but I think that's the most logical thing to do now when things are not that rosy.


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  • americandesi
    11-20 07:05 PM
    My plan is making the following

    Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor

    Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.

    As most Americans are not aware of employment based GC, I think a professional documentary makes more sense than a full length movie. (I wonder why Michael Moore didn't attempt this before :rolleyes:)

    Portraying the GC limbo of skilled immigrants to Americans on a full length comedy movie would be like explaining Einstein’s “Theory of Relativity” in cartoon to a bunch of ditsy blondes. Infact, a few movie critics who might have vaguely understood the movie would comment like "Two thumbs up for an honest, emotional, funny and deeply moving portrait of ILLEGAL immigration” :)

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  • qplearn
    10-09 08:36 AM
    It is FBI that is responsible for namecheck ... not sure USCIS has any control over them. My understanding is I-485 premium processing would apply only to USCIS processing of the paperwork.

    Then, of course, it won't help much because for most people name check is taking 2 years, and 485 processing via the regular route takes less time than that.


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  • EkAurAaya
    12-03 06:10 PM
    Thanks for all the responses. My question is: Can one legally be on payroll of two companies and draw salary from them, both on H1? How about both on EAD? And, one on H1, the other on EAD?

    h1 is an one to one relation
    EAD can be one to many

    I think you are safe... just make sure you fall in the same/similar category in case there is a query.

    Good luck!

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  • yabadaba
    10-19 08:07 AM
    India stats

    Perm 03/28/2005 and 1/1/2006 - 7290

    China stats

    Perm 03/28/2005 and 1/1/2006 - 2627

    ROW stats

    Perm 03/28/2005 and 1/1/2006 - 19063


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  • sroym
    06-20 09:36 AM
    Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
    If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.

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  • sledge_hammer
    04-10 07:30 AM
    Maintaining the I-9 document at the employer's location is required by law. Even if you have not signed anything except the offer letter, the employer cannot just deny having you work for his client and wash his hands off you.

    You can definitely complain to DOL about wages. You did work for a client for 4 months right? They is no way he can disprove it as if it never happend.

    Do not delete any of the emails. Note down the emails and phone numbers of your colleagues from the client site so that they can confirm that you worked there. Call DOL and report this employer.

    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.



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  • venky08
    11-19 01:47 PM
    may be because its government, they are asking the ability to pay :)

    Sorry, just trying to lighten you up...relax dude just wait it out you should be alright. the key is to turn in as much information as possible when required. and submit the original copies wherever you can.

    all the best.

    also since its a govt organization, my LC juz said 4 years bachelors or equivalent. i do have a Masters from an US state university. so not sure what could be the RFE.. ability of pay is not an issue i guess, cos its govt. what other rfe's are there?

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  • boreal
    08-26 04:31 PM
    I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!

    C'mon...Guys, come to will get DL for 4 years..

    My DL was renewed for four years, much beyond my I-94 expiry, both the guys, come on to CA...Golden land of jobs, good weather, cosmopolitan and accomdating/tolerant ppl of all races/religions :-). I am still on H1-B though..


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  • eb3_nepa
    04-23 01:21 PM
    USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.

    However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).

    USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.

    Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.

    I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).

    The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.

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  • nag2007
    04-03 02:22 PM
    They should also allow people from Backlog Centre (PD 2001-MARCH 2005) to file 485. Looks like they really cant make any impact. How many more years to wait just to file 485 ? Oh Gosh....

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  • GC08
    03-10 05:53 PM
    Welcome hopelessinseattle!

    I live in Seattle as well.

    You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.

    Only time will tell. There is no lawsuit angle to be explored against this as far as I know.

    It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.

    Good luck to us all. God Bless America.


    This is absolutely the truth. I think that's why some people likened H1B to "slavery"... The only difference is probably you have choice to not come under H1B, which may even disguise H1B's true nature further. :o

    Maybe IV can also help spread the words about the whole H1B and GC thing to people who are thinking about coming here... not exactly as rosy as some people thought. Hopefully when people know more, they will make more informed decisions. :p

    10-02 04:09 PM
    That's correct, employer cannot withdraw I-140 after I-485 has been pending for 180 days. Also, even if I-140 is not approved after 180 days, it can be ported to a different employer, provided that the original I-140 was approvable. Ability to pay in that case is determined based on the original company's ability to pay.

    pro, 1) you must have a job offer in hand in the same or similar postion for your green card to be approved (this is why it is called employement based category) 2) AC21, which can be invoked any time after your I-485 has been pending for more than 180 days, changes the sponsoring employer on your green card. You may actually work for any employer in the meantime, provided, you have proper authorization.

    06-14 08:56 PM
    This date movement could also be to silence amendments like Cantwell's which are based on Backlogs. A parallel GC system to Point based was called a poison pill by Sen. Kyl. I guess may be this is a way to lock up one of those pills. Could be Chertoff's trick to mine-sweep the path for CIR.

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