Monday, June 27, 2011

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  • leoindiano
    02-02 01:55 PM
    I opened this thread to post the approvals if any of our members gets it....

    There are quite a few IV members whose priority is between Jan-Jun 2004(EB2-I). Lets see if USCIS gets the job done for these guys since they are current now....

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  • jasmin45
    07-12 07:49 PM
    URGENT ACTION ITEM : We need stories from people who suffered damages due to the July Visa bulletin fiasco. This request is coming straight from the office of Congresswoman Zoe Lofgren. Please respond - ESPECIALLY if you live in San Jose, CA (Congresswomans' district).


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  • DSLStart
    07-23 09:01 PM
    Why did you file for EB3 140 when you already had EB2 approved 140? What exactly is your question?

    I also had a question..July filer... I got my I-140 approved april 2007 EB-2. Two weeks back I get another (july 2009 approved EB-3) ... My processing date goes to un available as per processing dates as of August visa bulletin...I am from India priority date 2002. Any comments Gurus?

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  • srikondoji
    08-27 11:35 AM
    The consulting company is simply avoiding my emails and phone contacts to send me a copy of H1-B application. They are trying to play a spoli sport here.

    What are my options now?

    One more question: With just an offer letter and pending H1-B application, can my wife apply for Social Security number?


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  • dagabaaj
    10-08 11:28 PM
    i am in winston salem,nc. i want to participate and take part in this struggle.
    Please PM me and we will get you involved in the struggle.

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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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  • gadde
    08-21 01:51 PM
    iam from Charlotte, NC

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  • bkshres
    11-06 01:42 PM
    Do you mean I should be good with filing AC21 second time with new attorney (G-28) or without filing second AC21?

    Even I feel that I should be good and I don't want to screw up my case.


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  • jsb
    11-29 12:26 PM
    It doesn't matter who you work for (one or more employers) prior to 180 days using EAD, as long as your original sponsor still stands to offer you the job he/she got approved with LC, on getting you a GC, or any other employer after 180 days of your I-485 filing with same/similar job.

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  • ramus
    08-30 06:48 AM

    Where are you.. Need help from you.

    Who is the leader for our state chapter? What are our next steps? Are we to get some guidance from the core team around our next effort for getting the unused visa numbers to be used this year?


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  • Ramba
    09-09 05:16 PM
    I-485 is considered to be abandoned on leaving US, unless person leaves for temporary visit with either AP or H/L Status.

    If one is planning to join some employer outside USA, then H/L status is gone, and it can be argued that the visit is no longer temporary in nature. That makes keeping AOS active very difficult.

    There is one way out, though. File for I-824 ( for action on approved I-140 to opt for consular processing. That will allow person to get immigrant visa when PD is current. If you opt for CP, you will need current letter of job offer from I-140 (or AC-21) employer at the time of immigrant visa interview.

    I suggest, you talk to an experienced attorney before taking any action.

    Good Luck.

    Proud Indian-American and Legal Immigrant

    I second it, except AC21. Once you leave US, your 485 will be abandoned. Remember, AP is for short and emergency purpose. However, an approved I-140 is eligible for ever. If you want to leave US, file CP conversion of your 140. After that you can leave and stay at home in India. Not necessary to work too in India. When they schudle interview for CP at consulate, (after your PD become current) you must have a latest valid job offer letter from who ever sponsered the I-140, and you should join them once you entered US with GC. AC21 is not applicable once you opted for CP.

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  • GCchaos
    11-08 03:40 PM
    PS: I dont earn yet, so I havent contributed,but I will surely do on the day I get my first salary(I got my H1 recently).


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  • pro
    10-01 12:40 PM
    We got 485 approval emails today.

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  • bkshres
    11-06 10:18 AM
    After talking in this thread, I realized that I will be screwed if I agreed with new employer and file G28 again.

    I think its not even the employer because HR people does not seems to know much about immigration even though its a large company. HR is depending completely on their external attorney and the attorney seems like screwing me up. Because this new attorney told me that they are preparing more detail letter than one being sent already by my old attorney.

    I would highly appreciate all the feedback and if you have anymore suggestion then please let me know. I need to make the decision in next couple of days.



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  • rkay
    05-17 09:27 PM
    Yes, I work for a large corporation and also have a MS degree from US with over 6yrs experience in the company. My attorney filed in wrong category at that time and since then i am stuck in EB3 category even though i was eligible for EB2. I want to at least try instead of not doing anything, So gathering info on various options. I really appreciate IV efforts to help all categories but i want to pursue porting also. I support IV efforts and also contributed to the DC event as i couldn't travel.

    Also, I am a little confused as i thought we can file multiple PERM LC depending on job duties even though you may have a pending I485 application. Does this mean, I won't be able to file in EB2 category even though i join a different large company? What are DOL regulations? Do the job responsibilities need to be 50% different or something and if so will it not affect your pending I485?
    You can file an EB2 Perm with appropriate duties as long as the position qualifies for it and your duties are significantly different from your EB3 petition. Don't trust any attorney blindly. When in doubt check with a reputed attorney different from your company attorney at your expense if needed. You can always try an EB2 perm from a different company without much issues. If current attorney/company is trying to hold you back from going EB2 route, find another company to do that. That is next logical step.

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  • viv24
    05-22 11:12 PM
    hi guys, i sick and tired and finally decided to get my passport, from consulate and use ap to get to us. i did talk to consulate, they will continue to process my h1b, while i go on ap. my attroney did tell that i can go back to h1b if they process visa and enter on h1b. Only god knows what i am doing, taking risk, without h1b stamping, using AP without i140 approved. I am believer `one who dares, is one who ones ` i am taking risks, wish me luck and good luck to all guys who helped, hope you get your visas and gc. god bless.


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  • gcobsessed
    06-08 04:32 PM
    Got by 7th year H1-B successfully stamped at Halifax. The consulate is open for appointments only on tuesday/thursday. They take atleast 24 hours to hand back the passport.

    At the time of application, the consular officer asked if I had been with the same company and whether the company had applied for green card. Answered yes to both, and she said to collect my visa the next day.

    Took the receipt to the consulate the next day and collected my passport. It was straightforward without any issues.

    I had done my stamping in Calgary 3 years ago and the passport was returned the same day. But, nowadays it takes at least 24 hours for passport to be returned, though you can make a request for return the same day and they will give it to you if you have a valid reason (like medical emergency) and the visa is approved without any delays. I saw a lady make this request and collect her passport the same day.

    Good luck to all who goes to Canada for stamping.

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  • copsmart
    02-22 08:13 PM
    The problem starts only when the employer wanted to screw you and voluntarily send some evidence to USCIS.

    That's what the article says...

    "The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers."

    There is no law in AC21 that talks about hostile environment. As long there was intent to work at the time and during 180 days after I-485 was filed and the person did not move before 180 days , then as of today there is nothing that should prevent the person's AOS to be denied based on hostile environment. Please show me the law where it states that based on hostile environment even if a person leaves after 180 days then his/her AOS can be denied.

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  • arnab221
    03-25 10:33 PM
    IBM is not shipping jobs because there is a lack of skilled resources ( we all know this) in USA. IBM has been running the US for more than 100 years with US resources . This Offshring trand has rocketed in the last 5 to 7 years .There is no evidence that the businesses which were running fine for over a 100 years all of a sudden fell short of resources . IBM did this because they had to compete with the hypercheap Indian IT comoanies like TCS and Wipro . They had to bring the competition to their own turf ( ie India ) , otherwise they would not have stood a chance againt the Indian IT companies as far as the pricing was concerned .

    The fundamental structure of the Indian companies is different from that of IBM . Tndian vendors have 95% of their staff stationed in India and send them on a need basis to various client destinations .IBM on the other hand still has the highest headcount in US ( they have stopped disclosing their US headcount since many years now , Indian may be highest now ) . So IBM although has the advantage and speed pf deploying US resources faster , it also has the disadvantage of paying them much more than what an Indian IT company would pay for the same skill. IBM in the US is on a massive offshoring drive , ofshoring even HR and Payroll activities if US employees to India . Most of the US consulting staff works( approx 40,000 people ) from home or a client location, so there is no investment in real estate . IBM is doing all this to try to come to parity with the Undue cost advantage that an Indian company has . I have come across cases where the Indian companies have taken projects which makes a profit margin of just $1 per hour . IBM cannot compete with these sorts of tactics unless in trims massively in the US and thats what it is exactly doing . The fight has now come to qualitity and rate and not quality anymore , since clients are keen on keeping a cheaper and comparitively less skilled resource than a expensive highly skilled resource and IBM is just reacting to that challenge

    02-07 06:33 PM
    Even My attorney said they cannot give me a copy, they are going to send me one copy eventually but after removing certain pages, But they will send the entire filing papers and approval copy to Company, I can get it from my company.

    08-10 10:46 AM
    What makes you think that if you take option #2, you will have issues? Even if it takes 1 yr for new PERM/140 to go through, why can't you wait until then with this fortune-10 company and then apply for 485?

    Looking at some analysis data and dates now, it seems EB-2 will not retrogress, in which case you should be current with your PD at all times going forward.

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