Monday, July 4, 2011

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  • Chicago Desi
    02-27 10:41 AM
    Most of the desi employers, actually run the payroll, when you are in project, but will not give you the money. They will hold it till they get money from client and then go to bank and deposit the checks. People who do such things in general keep 2 to 3 months worth of your salary in their hands at any time. This is cheap. When I moved from a perm job into consulting, for first 2 months, my desi employer tried to do all sorts of things like these. I made it clear to him "If I have to leave your company and go, I will, I will also make sure I will collect all my money, so don't do all these things" And from then on, he never did that. Sometimes he tells me, client is paying late etc... but thats it, he never delays my pay because client delays.

    I am not sure what your case is. What I have heard is DOL, wants to know if you are "productive" during the period of non pay because ur employer is a consulting company, so look into that aspect also.

    "Client is paying late" should not be an excuse to pay an employee late. I hope there is a labor law that explicitly makes it an offense on employer's part.

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  • crazyghoda
    07-16 02:27 PM
    You have something else to weigh in? I dont.

    I'll do what I have to do to make sure my career is growing and deal with any GC related consequences, if needed. I've seen lots of ups and downs this year (layoff, RFE, new job and a baby on the way :D) and quite frankly I'd rather live my life NOW than wait for it to begin when I get my GC.

    And thats the end of this it?

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  • yabadaba
    01-02 12:35 PM
    what does this mean? yes or no?

    "Otherwise, he/she will be subject to the general rule of chargeability that if his/her place of birth has undergone changes in political jurisdiction since the time of his or her birth, he is subject to the foreign state limitation of the state, which has jurisdiction over that place of birth at the time of his/her visa application."

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  • jsb
    10-19 02:24 PM
    Attorney called and told that all receipts with RD correctly shown as July 2, are in. They were from Texas. Checks were cashed last Friday. Those July 2 filers still waiting should get them soon. It appears that Ombudsman's intervention worked. Best to all...

    What about the "EAD within 90 day" rule? Just as filings are backed dated to July 2 (date when package reached USCIS), which is what we wanted, will they be making EADs backdated too (to keep them within 90 days)?


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  • bigboy007
    12-20 06:00 PM
    I think hez talking about dependent EAD , status issue doesnt arise for dependents right , i dont about the answer dude but question seems logical for dependent side . Ofcourse primary should never do that.

    I think now people are beginning to Majorly push the envelope.

    Are you not supposed to be OUT OF STATUS if you are on an EAD but without a job? I thought that if you changed jobs using an EAD, you were supposed to have a similar kind of JOB. Now does NO JOB = Same kind of Job?

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  • ohlordplzhelp
    04-16 01:00 PM
    Was hollywood under masters/undergrad....any insight? Thanks


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  • Aah_GC
    04-01 09:41 PM
    Friends, I have read through the posts (and thanks for your suggestions) and still unclear if I should opt from an India based one or American one.

    For all that is gaurenteed, it would be nice to have comprehensive coverage and to be able to access PPO network.

    But I am just about wondering if I should just buy one of these American ones. Has any one here had an opportunity to file a claim against an American - PPO based company? How was the experience?

    Once again, thanks for your suggestions.

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  • frostrated
    01-04 05:14 PM
    looks like the hold up for the EB3 is April 2001. Once that month clears, then i think the dates will move pretty fast for 2001.


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  • MA001
    11-01 09:52 AM
    Please see the following:

    Lameduck Congress Session Beginning 11/13/2006 and EB Bills Chances

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  • gumpena
    08-02 04:41 PM
    Not Jan2007. Come on.
    As per this PREDICTION Mexico will be current... I seriously doubt this..


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  • mrajatish
    04-17 09:24 AM
    Please read my earlier post

    An I-140 petition was previously approved on my behalf, but I have since changed employers and am in the process of applying for permanent residency with my new employer.

    So long as an I-140 petition was previously approved on your behalf, and not revoked, you are permitted to "recapture" the priority date from the previous petition in the subsequent I-140 filing. The recapture needs to be requested upon the filing of the new I-140 petition. It does not matter whether the old petition was in the same preference category or not. Also, if you are the beneficiary of multiple approved I-140 petitions, you are entitled to use the earliest priority date.

    There are several situations in which a previously approved I-140 petition would be revoked and could not be used for recapture.

    For example, if the employer that filed the previous I-140 petition wishes to use the labor certification upon which the I-140 was based to substitute in another alien, then the I-140 petition must be revoked. Furthermore, an employer can revoke an I-140 petition approved on an alien's behalf for any reason, by simply writing a letter to USCIS requesting revocation. Many employers will do this if the alien leaves its employment on bad terms. In addition, if the previous I-140 was used to support a consular processing application which was terminated under INA 203(g) for failure to apply for the immigrant visa within one year of notification of its availability, then as part of the termination process the underlying I-140 petition would be revoked. A petition revoked for any reason cannot support recapture of an old priority date.

    The regulatory provision allowing for recapture, found at 8 CFR 204.5(e), applies only to employment-based first, second, and third preference visas and not to I-360 petitions filed on behalf of religious workers.


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  • PlainSpeak
    04-16 11:31 AM
    EB2 MS guys crying on H1B
    EB2 guys crying on EB3 porter
    EB2 guys crying on EB1 fraud
    EB2 guys crying on Desi consulting companies
    EB2 guys crying on Desi IT companies

    Now what is common in all of the above 3 statements :eek:


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  • immigrant2007
    08-20 10:56 PM
    This is a question and request for all my friends here who read this thread, please take a moment and think what we need and what all can do.
    If all of us (imagine all who are stuck in this backlog moribund) start an endless campaign till we see the results we want dont you think it is possible, I urge eveyrone to respond to this, if someone wants to abuse me...curse me please do so but please everyone respnd to this..alteast give a try we cant stop anything till we have actually tried and tried and tried......

    We might agree at first, we will try again , lets keep on doing that till we succeed. Please understand each one of us and help themselves and all of us.

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  • Leo07
    02-22 12:03 PM
    DOS will not use this data for spill-over calculations. It's just for us to look at what's the demand in the pipe-line for USCIS, and calculate the possible spill-over.
    My understanding( through Gotcher forums) is that DOS will only care about the number of I-140 applications. So, I'm assuming that the number of 140 applications for EB2/3 CANNOT be more than the PERM approvals in a given year.( some one can correct my assumption)

    So, with that assumption, when DOS gets to look at the 140-applications for ROW( 08/09), there must be significantly less numbers than the previous years. Hence the celebrations:)

    Given the discussion here on the 2009 PERM data; Can someone explain the clear significance of the Perm 2009 data for the spillover analysis ? Is 2009 PERM numbers for ROW the most important variable for Spillover Calculation ? I.e. How is it the deciding factor ?


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  • pa_arora
    02-06 12:21 AM
    Any predictions for EB2 India...:D
    how many do u need? read the thread from the start.

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  • va_labor2002
    11-02 02:14 PM
    To make sure that we are on track, please let us count how many have been able to send the letters to Congress people through employers.

    (remeber these congress peolple in lame duck session will be the ones that are currently in congress, not the ones that'll be elected in November)

    We can have a mass email campaign through IV Site. If 6000 people are sending FAX and email,they have to listen to our issues in Lame duck session !

    Act now !


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  • prashanthg
    08-03 02:03 PM
    more realistic is 2-3% . 5% is max - sample data in trackiit.

    I am guessing close to 8-10K EB3-I Pending in 2002.

    There was an earlier thread that reported 145000 pre-adjudicated 485 applications and out of those, 44000 were EB3-I.

    If we project the current poll over those 44000, the number comes to 7500.
    (approximately 17% prior to 2003)
    Note: The number of people, like me, who have not filed 485 yet would be very small for this period

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  • saurav_4096
    06-03 01:07 PM

    I have been in a full-time position on H-1B with a company. I have approved EB2 LC , I-140, and EAD. It has also been more than 180 days since I have applied for my I-485. My GC will not be approved for another 3 years I think!

    I now want to explore the world of consulting :-)

    I want to transfer my H-1B to a consulting company. The reason I do not want to get another full-time job is because those companies may not be flexible with employment verification letters (EVL) and job titles. If I get a good consulting company I can have my way with job description and title. I also don't have to be worried about being fired right at the same time my GC is being adjudicated, in which case I won't be able to produce an EVL.

    Has anyone else thought of this? Those with experience please post.


    You may opt for independent consultant.
    I remember my attorney had once mentioned that independent consultancy is also valid with AC21.

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  • Mount Soche
    07-23 12:01 PM
    I'm just wondering if this is a backhanded comment against Africans?
    I am African and there are plenty of Indians in Africa so what are you trying to say?? They don't seem that desperate to me - they're actually doing well in Africa. If Africa was so bad there wouldn't be that many Indians there would they??

    04-26 10:49 AM

    01-05 09:11 AM
    comparing the old 485 report and new 485 report,howcome 2006 eb2I numbers went up with out filing window open?
    old eb2-India-2006-18847
    new eb2-india-2006-19240

    are those eb3toeb2 conversions are what?

    This can be a combination of 2 different scenarios.

    1. 485 report most likely contains applications that have gone through some preliminary review/pre-adjudicated applications. As they begin to open applications for the first time, the numbers tend to add up.

    2. EB3 to EB2 conversions.

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