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  • wandmaker
    08-14 08:10 AM
    In 2004 my wife's consulting company started her LC process with an agreement that, my wife would pay for all the cost related to LC, directly to employer's attorney. In return she can join her current client without impacting her GC process; consulting company would continue to sponsor her GC. She did join her client with employer's consent at a later date after starting her LC.

    Her LC got approved, I think, 3 to 4 months before LC substitution was banned. As long as she was writing checks, attorney office kept her in the loop. All of a sudden attorney office stopped returning her calls and e-mail. This prompted her to contact PBEC, only to find out that her LC was approved. When she contacted consulting company they didn't return her call at all, after talking to her for the first time. I'm sure that LC got sold.

    So far my wife has contacted labor department and Sheela Murthy's law office to see if she can file any case or law-suite against the company. The answer we are getting that, from immigration-law standpoint employer can substitute LC legally.

    My question is - can we file a case against employer for fraud and cheating? We have saved each and every receipt, checks, emails exchanged. However there is no written agreement between employer and my wife.

    Kindly post your views !

    (Note # By God's grace I had started my new LC with my new employer and our 485 is pending now)

    You can not file a case against the employer doing LS, but making you pay for labor is illegal in DOL eyes that is the only positive point you got in my eyes. Your wife started working for the client, which is obvious she will not be joining GC sponsoring employer anyway. All you have lost is money (& time ofcourse), and that's the price for two edged sword deals. Consult an experience attorney and see if anyone can do what you are looking for.

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  • nfinity
    11-21 03:59 PM
    A. The U.S Innovation Juggernaut
    B. Hmmm..why is this running backwards?

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  • vinzak
    09-08 08:53 PM
    I renewed my Texas license in April showing EAD. They only looked at the EAD and didn't make any note of the date etc. Also, my license does not have a temporary status date on it. I am wondering why yours does.

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  • gg_ny
    03-26 03:35 PM
    This sounds reasonable. How much does it cost them to computerized? All the ports are already computerized anyways.

    It also helps them to keep track of any actions by the applicant that may deemed to be of criminal intent. My guess is that they do run the prints against fingerprint dbs of other arms of law like crime, insolvency, tax-related activities that end up in a court of law etc. If you have noticed, EAD, and your AP papers too are valid for 12 months. This is a legacy policy with cobwebs and needs to be revisited, after all the legal aliens get their GC.


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  • nviren
    02-27 04:12 PM
    Congratulations core team.

    It was a very well conducted conference.

    And a very good insight into how IV is functioning.

    You guys are much more organized than I had anticipated.

    Keep up the good work.

    I am inspired.


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  • pappu
    05-18 05:04 PM
    How about a GC Quota for IV members ? :)


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  • Refugee_New
    07-18 09:50 AM
    If you are using AC21 then we have to be very very careful because chances of getting RFE or denial is high.

    Also it means be prepared for a long fight. Because we know how govt. agencies work especially USCIS.

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  • makemygc
    07-05 07:00 PM
    That's as per my attorney...

    My 485 application reached the USCIS within the first 2 hours of July 2, so I am already a plaintiff in the lawsuit...however my attorney just sent out an email to all of his impacted clients..

    If they would want to benefit from any injunctive relief that may be granted by the judge from the lawsuit, you must have attempted a 485 filing in the month of July and have received a rejection notice from the USCIS.

    Not giving out all the details of my attorney's email, my attorney is very confident that both the USCIS and DOS have violated at least 2 INA laws....and have blatantly denied our normal processing rights under the US their updated July 2nd bulletin..

    There is no reason, why this lawsuit should not have a favorable outcome for all of us impacted...

    You will just be a member of class action and not plaintiff. AILF is not taking any more plaintiffs now. All attorneys are instructing their client to file I-485 for the same reason you mentioned above. I know 4 people who are filing 485 today but they all be member of the class action and not plaintiff.


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  • bos123
    05-13 02:55 PM
    I was in same situation and asked consulate to return my passport, entered with AP. No issues

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  • pro
    09-14 11:10 AM
    Hi all,
    here are the updates on my case.
    Filed MTR on I-485 ,file reached USCIS on friday last week.

    soft LUD's on 485 on friday and monday as well.Is this common?does it mean some work on 485?
    I thought i would get seperate reciept notice and once the MTR is approved i see some movement in 485.
    Please correct my understanding.

    so what next ?please suggest.


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  • schandwani
    11-17 01:16 PM

    One of my friend in same situation did this He joined B school full time but worked out with hi employer /manager to work part time 20 hrs on EAD. That is perfectly legal and ok . Not sure if you can have this work around with your current employer


    I've been in your situation before. The short answer is - No, you cannot go to school on EAD if you are the primary applicant. Also, you are not eligible for a F1 visa anymore as you have filed for I-140.

    If you are married, you can go to B-school on a H4 visa with the risk that you will lose your status if your spouse is unable to retain his or her employment.

    Good Luck.

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  • rbharol
    07-19 11:43 AM
    Why did the BEC-Stuck employees and employers did not decide to go for
    PERM as a safety cushion when the whole world was going with PERM?

    Saving money? or Priority Date?
    Even if it was done to save priority date, doing PERM in parallel was better option as 140 approval would have given them 3 year H1B extensions beyond 6th year.

    I was stuck in BEC but still went for PERM.
    And you never know when the priority dates would start moving.

    Partially we ourselves are to blame if we are not able to file 485 now due to
    stuck labor.


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  • prakgc
    02-19 05:19 PM
    Yes you are correct , dingudi.. sorry i missed that

    I should rephrase and say that people who filed their 485 and EAD concurrently in July and who have not received their FP notices maybe able to do FP by means of efiling for their EAD renewal whenever it comes up.


    If you read the PDF link of USCIS, it clearly mentions that this only applies for people who concurrently file 485. And not to people who have seperately filed 485 and EAD. In my case, my EAD was filed 2 months after filing 485.

    I am pasting the text copied from the pdf :

    "Applicants who filed concurrently before this notice and have received two notices from the ASC are still required to attend both appointments. Further, this change will not affect applicants who do not file the I-765 concurrently with the I-485."

    If you read the last sentence it clearly says that it is not applicable who do not file concurrently

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  • vgnfw190
    01-28 09:42 PM
    Hi I am currently working as a contractor at a client from company C1
    C1 applied for my H1B last year and application is still pending + also added Premium Proc. last week, Application Still Pending
    At the same time company C2 applied my H1B last year and H1B approved but did not get the documents from USCIS, and applied for "Response on Approved Petition", That is still pennding(But Yes The petition is approved)
    But Fortunately or Unfortunately , I got a permananent job with a new company.
    I can start working with that company on OPT, and he will apply a new H1B this year.

    But , Instead of that Can I get one of my H1Bs transferred?
    Or is there a better way to handle this situation?

    I know its a mess... Can some one suggest me how to clear this mess?

    Thank You.


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  • bobby123
    11-08 09:01 AM
    Do we have a premium processing for Status change from H4- H1 after H1B is approved??

    I know we have apremium processing for H1B approval.

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  • pomogranate
    11-21 12:35 PM
    You can vote to Dizzy


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  • xela
    04-01 01:35 PM
    Not true. These people will not change because they are paid to do this. kumarc123 says the same thing over and over again. He has nothing to add but he visits IV everyday and says the same thing. I see him posting only in negative threads. Why do you think that is?

    Few months back I spoke with a core member. I have emailed them several times asking them to make IV paid only site. There is no other way. But they have not responded. First of all a group of people are sticking out their neck for us. But this group of bad people are creating fake ids to trash the only organization working for me. No one stands up against these bad people creating fake ids. I am losing hope.

    Contrary to you I appreciate the fact that not everything here is donor only, and people like you and me can discuss things with respect.
    I do however disagree with the tone some people have chosen to use and again I did not mean you.

    And yes I also was talking to the couple of guys out there who today used curse words and other things when it was not necessary

    Still i dont believe cutting everyone off is the best way of solving this problem, maybe the power of some core users to delete these threads and bann those users might be.

    Anyway we all have our views and we might differ, that doesnt mean we cannot talk about them peacefully.
    And that was really my point..

    Peace :) and Happy Easter to those who celebrate it

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  • ramaonline
    10-16 06:52 PM
    Since your husband's I140 was approved and I485 was pending before he left, did you file a derivative I485 for yourself as well? Also, does he have a valid AP now?

    GC is for future employment and there is no requirement to be working for the GC sponsoring employer at any time during the GC process. At the time of 485 approval however it becomes necessary to be working for the GC employer or (under AC21) work in a similar job / have a similar job offer from same or different employer which can prove the employer's intent to hire the person after getting the green card. This is necessary in case USCIS issues a RFE / NOID.

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  • Munna Bhai
    08-28 08:57 AM
    Party Over...Still Hang Over. Anyways who declared the party is over? I didnt hear anything from the host(USCIS) or his wife(DOS)? I dont know about you...I'm still going for a refill(waiting for september). :D

    Host(USCIS) or his wife(DOS) have gone to sleep, they don't declare, they do what they want to.

    If you as a guest still want to enjoy the party, feel free to stay. I have decided to enjoy my long weekend. The best way is to find "another party (BILL)".

    IV rocks..

    09-24 03:15 PM

    07-25 05:03 PM
    What is this CP thing. I thought it would be only regular AOS. Can some one please help me understand how this works.

    thanks in advance

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