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  • 485_spouse
    10-11 01:12 PM
    I have 8 years of total exp. in IT. First 2 years in India and last 6 years in USA (Same company). I have an Eb3 140 approved and 485 filled with the company. I had only 4 years of exp when I filled my labor.
    Now can I file a new EB2 perm with same company with my exp.?
    Thanks in advance.

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  • reno_john
    06-15 10:02 PM
    Going to Canada won't help as you retain the same I-94, if it is still valid, in order to get back. You submit the I-94 only if you are leaving Canada to another country without coming back into the U.S.

    For Mexico, I think you still need the current I-94 which you will have to submit at the border. Please correct me if I am wrong on this.

    Please call the USCIS office and ask them what needs to be done.

    Even if you go to Canada and come back toUSA you get a new I-94. I did get a new I-94 when I did the same trip.

    Ask the airlines to provide you with the I-94 form and when leaving for Canada insists the airline ticket counter to take away your I-94 if they dont then show them the back side text that says that you need to surrender your I-94 if you leave States. And while entering States you will get a new I-94 on the plane. To be safer avoid US carrier since they dont provide nor take away your I-94.

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  • sanju
    02-16 04:59 PM
    If I were you, I will send them a legal notice and tell them that they will be reported to US Dept. of Labor. Last time I checked, bonded labor is banned. So they cannot force anyone to join their company. Tell the ba$tards that you are not their slave. They are simply trying to scare you. They have ABSOLUTELY NO case against you. So they cannot go to court. They are simply trying to arm-twist you, and scare you into doing something that you don't want. If I were you, I will NEVER EVER join them after they sent a letter from a lawyer. In fact, I will prefer to die of hunger rather than work for such ba$tards. If this is how they conduct their business during the pre-hire process, just imagine what they will do if you become their employee. Screw the ba$tards and tell them to fcuk off. Your post and similar narration just increase my blood pressure and enrages me against these exploiting desi companies. Hire an attorney, pay him $200 to draft a reply. But whatever you do DON'T JOIN THIS COMPANY IF THIS IS HOW THEY TREAT THEIR PERSPECTIVE EMPLOYEES.

    My jurisdiction is: New York,NY


    I was searching for a job in Dec 2008 as my job was getting over on Dec 31st 2008. I have applied for on job and they reviewed my resume and submitted to their client. In that process I have signed the General Agreement, the key points from the agreement are:

    Guarantee: The Independent Contractor agrees that he/she would not submit his/her profile to Technofina’s Client, where he/she is being submitted to, directly or indirectly through any other medium for that specific project. It is further agreed that the Independent Contractor will attend a Face to Face Interview if it is scheduled by Technofina’s client(s). Independent Contractor will be available on the start date of the project at the Technofina or Technofina’s clients’ site if selected for the project, for which the Independent Contractor is submitted, after the interview and reference verification process.

    Effective Date and Termination: This Agreement shall be effective commencing as of the date above and shall apply to all duly executed SOWs. The Agreement will remain in effect unless terminated by either party or by operation of law. Either party can terminate the agreement with a 30 days written notice and any SOW with a 30 days written notice.

    Breach of Agreement: If this Agreement is breached, damages would be difficult to accurately ascertain. The Independent Contractor agrees and acknowledges that the amount of $15,000 is a fair and reasonable sum that best approximates the damages that Technofina would incur in the event of the Independent Contractor's breach of this Agreement.

    They asked me to sign this, otherwise they would not submit my resume and I told them I will serve as First in First out, as I was looking for other jobs too.
    Please see below sequences and discussions I have with the vendor company.
    On 9th Dec 2008 I started talking to them regarding this position, and I have applied for it, and signed the contract.
    They mentioned the project will start in 2nd week of Feb and I agreed to it. Because my project was getting over on 31st Dec 2008 and I do not have any other option.
    They contracted me on 5th Jan 2009 and scheduled for an interview on 9th Jan 2009.They told me I have to pay my own expenses, I said I can not effort that and they convinced me for one way ticket and they told they will pay it back if I selected and I agreed to that.
    I have taken interveiw on 9th Jan 2009, after the interview I visited their office and they told me they will be notified by the client in in week.
    In the process of job searching I have submitted my resume to different clients and attending the interviews.In that process I got an offer from one client and I accepted that and joined them on 28th Jan 2008. I do not have any job in my hand at that time.
    On 4th Feb 2009 they informed I got selected and need to start on 1st March 2009. I refused to take the offer and explained my situation. I talked to the company CEO and explained my situation, and they did not accepted my request and today they sent lawyer notice.

    What options I have. Please let me know. If any one faced this kind of litigation or if any one know any good lawyer please let me know.

    Admin: if it is in the wrong place please move it to the right place.


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  • qualified_trash
    11-01 02:37 PM
    It is a very disappointing fact that people who immigrated here either through EB or FB are not concerned about whats happening with the immigration system.
    what I have noticed that it depends on an individual. when I spoke about IV to my extended family (all citizens now), they readily spread the word around. when they spoke to others who are stuck due to retrogression, they do not seem to be interested. it almost feels like everyone is resigned to their fate and willing to whine and wait.


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  • american_dreams
    09-14 02:16 PM
    Number 4 really sounds fun to do...

    People there are a bunch of fun things to do when you come for the rally.

    1. Take colored crayons (different colors) and scribble sayings on Macaca's forehead.
    2. If you are single, try for "setting" with Libra.
    3. go see the museums for free after the rally
    4. Shout PAPPUUUUUUUUUU randomnly when/if you get bored
    5. drink free coffee at the Hyatt
    6. Go argue about some random topic with logiclife

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  • yabadaba
    06-27 03:00 PM
    based on this info, it goes into effect only on July 30th, 2007

    USCIS link (

    At the botom of the pdf there is this
    " USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."

    Does this mean that they will accept direct filing now?

    Any comments????
    FOR THE Nth TIME...YES!!!!!!


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  • virtual55
    01-04 10:54 AM
    By Krissah Williams
    Washington Post Staff Writer
    Thursday, January 4, 2007; Page D05

    About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.

    The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion. It was written by a former technology executive who was an immigrant himself.

    Information Management Consultants of Reston also has offices in Pune, India, shown above, with 125 employees. Sudhakar V. Shenoy, an Indian immigrant, founded IMC in the early 1980s. (By Andrea Bruce -- The Washington Post)
    Technology-industry lobbyists have already cited the study in a push to persuade Congress to increase the annual allotment of H-1B visas, which allow U.S. companies to sponsor temporary workers in specialty occupations, such as computer programming and systems analysis. The companies say they cannot find enough Americans to fill jobs; other proponents contend that globalization requires U.S. companies to import talented workers.

    "This research shows that immigrants have become a significant driving force in the creation of new businesses and intellectual property in the U.S. -- and that their contributions have increased over the past decade," wrote Vivek Wadhwa, the study's author, who immigrated from India with his family as a young man.

    Another study will be released next month by the Center for Immigration Studies, which supports low levels of immigration. That report says most specialty visa holders come to the United States to do low-level professional jobs for relatively low pay.

    Wadhwa's study looked at founders of engineering and technology companies started from 1995 to 2005, and analyzed the World Intellectual Property Organization Patent Cooperation Treaty database. About 25 percent of international patents filed in the United States in 2006 were submitted by immigrants.

    Scott McNealy, chairman and co-founder of Sun Microsystems, is among the advocates for an expanded visa program, writing editorials, calling members of Congress and supporting political action committees.

    McNealy noted that immigrants Vinod Kosla of India and Andy Bechtelsheim of Germany co-founded Sun. The company "created tens of thousands of jobs that have generated billions of dollars in exports and has created thousands of patents and intellectual-property positions," McNealy said. "Why would you have any arbitrary number on smart people?"

    Last year, the industry raised the issue in the national debate over immigration reform, but Congress ended its session without acting on the Securing Knowledge, Innovation and Leadership Act. The bill would increase the annual quota on the H-1B visas to 115,000 from 65,000, eliminate green-card caps for some advanced-degree holders and streamline the processing of employment-based green cards. Tech lobbyists want to revive it.

    "We are working on that new piece of legislation that will hopefully be a great fix for a lot of our companies," said Andrea Hoffman, vice president of government and political affairs for TechNet, an industry lobby backed by hundreds of technology companies, including Apple Computer, Microsoft and Google.

    Those who favor low levels of immigration and oppose expanding the specialty-worker programs contend that foreigners accept lower pay and depress wages.

    Jessica M. Vaughan, an analyst at the Center for Immigration Studies, said an increase in the cap would amount to "a subsidy for business because it allows them to bring cheaper labor from overseas."

    It is unknown how many of the immigrants who founded technology companies had H-1B visas.

    At least two Northern Virginia tech companies were founded by former H-1B holders. Sudhakar V. Shenoy, founder and chief executive of Reston-based Information Management Consultants, immigrated to the United States in 1970 after graduating from the Indian Institutes of Technology -- known informally as the "MIT of India" -- and attending graduate school in Connecticut. In 1974, he was offered an H-1B visa, and a manufacturing company sponsored his green card in 1977. Four years later, he founded IMC, which has 350 employees in Reston and 125 in Pune, India.

    Peter Harrison came from Britain on the specialty visa and later became chief executive of GlobalLogic (formerly Induslogic), a Vienna-based software development company founded in 2000 by two men from India, who were also H-1B holders.

    The company has grown rapidly and employs 1,600 people in the United States, India and Ukraine. Only a few dozen of them have H-1B visas.

    "They are very, very hard to come by," Harrison said. "We are always at a challenge to recruit people."

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  • WaldenPond
    08-17 01:55 PM
    Apologies for the delay in posting conference call information.

    The call in numbers are available at the yahoo group:



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  • SGP
    11-16 08:21 PM
    G o o d E v e n i n g GC !!!!!!!

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  • nk2006
    05-30 08:23 AM
    I know there is a lot going on with CIR now.... and lot of it is UNKNOWN.

    I am wondering how risky it is to change jobs now.

    -I have a EB3 PD of Aug 2006,

    -I have copy of my approved I -140

    - I only have 17 months left in my 6 years. :(

    Since my current H1b expires Feb 2008, If I continue to stick to my current job, they'll apply for H1b extension around October. (I am hoping I'll get 3 yrs extension).

    Wanted opinions on the pros/cons of a job change now. (I am in IT)

    I'm in almost exact situation:
    EB2 PD: Sept '06
    current h1b is valid till Feb 08 (completion of seventh year).
    I140 is in process.
    I was waiting for I140 approval, after which I was thinking of chaning jobs (idea was to get 3 year extension at the job change and get copies of my I140 approval letter to keep the priority date).

    I am interviewing with a great company which I wanted to join for a long time - I went thru two rounds and got a tentative offer (pending background check) - they are ready to wait till mid-July (somehow agreed for delayed joining date so I can get I140 by that time and get three years h1b). Also agreed to start the PERM process as soon as I join them and use their current advertising for the process. I made up my mind until this thing came along and now I am confused.


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  • Rajeev
    09-24 11:29 AM

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  • GCOP
    10-02 03:32 PM
    We don't know the time, when they will be back. But I heard on the news that, House is going to vote on Bail out bill by Friday morning. So they will be back either today or tomorrow morning for that vote.


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  • satyasaich
    06-29 09:52 AM
    Personally i feel no need to worry.
    we are playing by the rules and what else to lose?
    Maybe people are scared that their names appear publicly

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  • ABC of GC
    08-23 05:56 PM
    All CA/CPA folks,

    My wife is a CA with about 5 years indian (internal audit) experience?

    We have recently filed her EAD.

    My question is can she take up a job first and then study/pass CPA exams or pass CPA exams and then search for Job?


    Most employers in USA do not understand / recognize CA (unfortunatly) unless she had big 4 experience in India, so it will be difficult to find a job. In that respect if she would have complete her CPA first, then that will help the resume look good and would give her good chance.

    Don't take me wrong, as this is mine and so many of my friend's first hand experience. Its different for non-IT folks, when it comes to Indian education and experience.

    If you are in NY / NJ area, let me know as I may be able to help in finding a job. I am CA + CPA and currently working with a large national CPA firm.

    Wish you and your wife all the best....


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  • amitjoey
    07-18 04:00 PM
    Thanks very much.

    My opinion (Just my opinion, use with risk). You should let your attorney know, and come clean with it. They will put in an explanation that such a mistake happened, but it is really EB-3. You have nothing to worry, since your attorney has already pointed it out earlier to USCIS, and that documentation should be included. This is much easier than having to deal with it later and being stuck. Ofcourse your attorney should know what to do, and s/he knows the importance of filing I-485 NOW, so they can advise much better.

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  • Macaca
    09-07 03:11 PM
    When you reach for the stars
    you may not quite get one,
    but you won't come up with
    a handful of mud either
    Leo Burnett


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  • engineer
    07-05 10:36 PM
    Item# 5 from

    What Happens to I-140s Filed Concurrently with I-485s in July 2007?

    USCIS Headquarters informed the American Immigration Lawyers Association (AILA), on July 2, 2007, that, if a person concurrently filed the I-140 with the I-485 in July 2007, the USCIS mailroom will only retain the I-140 petition for processing and will reject the I-485 package. However, this separation can take place only if the filing fees for the I-140 and the I-485 were submitted as separate checks. If there was only one check for the entire filing, then the entire package will be rejected. For this reason, we at the Murthy Law Firm always require our clients to issue separate checks for each form to avoid rejection of the entire package, whenever possible. Even in the I-485 package, we recommend including separate checks for the I-485, the I-765, and the I-131 to avoid a problem with one form affecting the entire filing.

    There are many who are still trying to figure out what to do about the fact that the U.S. Department of State (DOS) raised their hopes and then both the DOS and the USCIS dashed those hopes by announcing the "unavailability" of visa numbers and rejection of I-485s in July 2007. There is much concern over whether the unavailability of visa numbers by the USCIS issuing approvals is valid or illegal, since there are many irregularities in the procedures that were followed. Our firm has become aware of older I-485s (filed well before June / July 2007) that were approved in error in June and at the very beginning of July, when there were no visa numbers available for those applicants in either month! Another problem likely to be mentioned in the lawsuit is that the USCIS counted, or allocated, a visa number for those I-485s that were pending security checks for several months, or years, without issuing the I-485 approvals! This also violates the law and regulations, as visa numbers are not supposed to be "reserved" for cases. They are to be assigned with a case approval.

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  • cbpds
    03-26 01:38 PM
    Or shd it be "Too sick to die" :) (only if Obama wants to )

    "Too sick to fail" :)

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  • ganguteli
    06-22 02:21 PM
    could you please send the number to call visa officer


    Why do you want to waste your time.
    If you want to call, call your Senator and ask for his vote.

    another one
    11-19 03:18 PM
    I think the cartoon is good attempt. My suggestion would be revise it little so that our message is more clear.

    1. Have two pipelines coming out. One with an outlet in US, and the other with outlets in other parts of the world.

    2. Have someone, representing US congress, inadvertently put their feet on the pipeline that has it's outlet in US. Make this pipeline appear clogged because of the weight of the feet.

    fuzzy logic
    09-11 12:39 PM
    U must have the 1-94 on your H1 approval to get the SSN.
    Please visit the SSN site and you get the list of docs and application to fill.

    It is a simple process.

    Contributed $100 so far

    Thanks for your help.

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