Monday, June 27, 2011

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  • golucki
    07-27 10:24 AM
    Nice Idea. Works Great!

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  • ksvreg
    02-24 08:17 PM
    I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.

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  • gc_kaavaali
    08-03 10:24 PM
    Yes...i am july 2nd filer...still waiting. PD March 2005

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  • gk_2000
    10-20 10:13 PM
    he is leading his dem candidate by 30 points in one poll

    Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)


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  • clockwork
    02-02 06:15 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

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  • gc_chahiye
    11-27 01:47 PM
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you

    If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).

    Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.

    Whats the status of the LC now? Why has the I-140 not been filed?


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  • titu1972
    03-15 08:36 AM
    Exception 4 to the list above
    The exceptions under no. 1.) apply. In addition, please note:
    Indian and Turkish airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit


    - after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa.

    If you are still in doubt whether you need an airport transit visa, do not hesitate to call the German mission which serves your place of residence in the US.
    Although this information has been prepared with utmost care, the we can not accept any responsibility for inaccuracies contained herein.

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  • amitga
    12-06 04:41 PM
    I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.

    In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.

    Please let me know your view.


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  • dummgelauft
    07-28 01:08 PM
    In the longer run I think many of us will go back if not close to 90%. That is the charm India holds in our hearts and minds.

    Its just not jobs or lack thereof, its not about comfortable life or lack thereof, you will be pulled back at your heart.

    And with all the brains going back India can no longer be poor and will overflow with talent so there will be more companies moving into India.

    I plan to go back regardless of GC.

    It will always be poor. Always corrupt, always overpopulated. There is going to be civil unrest, on the scale of a civil war..just watch. The have nots will eat the "haves" for breakfast, lunch and dinner.

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  • paskal
    06-03 04:26 PM
    numbers are critical to lawmakers and so...
    don't think of this as spam!
    if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
    the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
    As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.

    Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.

    Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...


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  • deba
    12-10 12:40 PM
    I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP. I-140 approved long time back in '06. So, I will be meeting the 180 day rule and I-140 approved criteria in jan/08.
    My H1 expires in 12/08. In case I transfer my H1 to a new co. sometime next year, will I have to restart my GC process again? or will AC-21 kick in and the process will continue as is with me just waiting for GC and PD becoming current etc. Thanks

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  • glus
    11-06 02:30 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?

    Thanks to all for the responses.
    If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.


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  • Dhundhun
    06-02 12:44 AM
    good point... is the employer supposed to share the labor information with us?

    Yes. One need to know, how LCA for GC was filed for at least two things:
    -- Job Profile
    -- Salary

    Employer should let employee know it.

    The reason they employers to hide is that if known, an employee may leave easily.

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  • kaisersose
    04-16 02:29 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.


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  • njdude26
    03-31 08:37 AM
    Im on my 8th year on H1. still stuck in Labor :(

    My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!

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  • crystal
    06-15 03:33 PM
    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?


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  • gcformeornot
    04-08 01:32 PM
    what to use as current immigration status?

    Item# 15

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  • humdesi
    03-13 01:23 AM
    There is a add on Sulekha ...

    transitive verb
    1: to join or unite so as to bring about an increase or improvement <adds 60 acres to his land> <wine adds a creative touch to cooking>
    2: to say further : append
    3: to combine (numbers) into an equivalent simple quantity or number
    4: to include as a member of a group <don't forget to add me in>
    intransitive verb
    1 a: to perform addition b: to come together or unite by addition
    2 a: to serve as an addition <the movie will add to his fame> b: to make an addition <added to her savings>

    Main Entry: 1ad
    Pronunciation: \ˈad\
    Function: noun
    Usage: often attributive
    Date: 1841
    1 : advertisement 2
    2 : advertising

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  • sparky_jones
    03-12 09:34 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.


    04-07 04:02 PM
    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

    A reputed university = very few or no gultis. TVU had only did not qualify.....

    12-31 05:22 PM
    In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
    With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
    Waldenpond :
    Thanks for your reply,I read section 311 , it talks about people with advanced degree from US universities , so what about forgein-trained with noraml degree ? will these H1s visas will only for advanced degree ?

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