Tuesday, June 14, 2011

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  • nvmurali
    06-02 04:20 PM
    You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.

    This is not legal advise - a lawyer consultation is highly recommended.

    I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)


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  • Eternal_Hope
    01-28 05:19 PM
    There is a list of some prominent people in a Wiki article. Here is the link


    Not sure how many of these are EB based though.

    Maybe there are more like these for people of different nationalities; I didn't check.

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  • needhelp!
    11-13 01:31 PM
    Thank you to all the 8 volunteers who worked for IV on Saturday.
    Thank you sw33t for making it all the way from San Antonio.

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  • Keeme
    02-11 01:40 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.


    Contributed $300 so far.

    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?


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  • fittan
    04-23 03:26 PM
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.


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  • sledge_hammer
    06-10 05:34 PM
    What if my employer does not respond at all.
    Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.

    What are the chances for the extension? there must be some way.
    Chances - slim!

    How can I buy some more time so that I can find some other way around?
    There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.


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  • chanduv23
    01-07 01:10 PM
    We expect people to decide whether they would like to come forward with a sense for the community.

    So please come forward if you care. We are not expecting anyone to be a die hard IV volunteer, but to express your support and your commitment and your help in nay manner.

    IV is your/our organization and we must have a sense of oneness.

    We stand for unity, peace and strength. Lets all unite "wholeheartedly"

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  • Widget
    01-10 07:01 PM
    I think we have better chance this time, I noticed that numbersusa.com is referring to this bill as it is only for EB cases and not for CIR or SKIL. Thnaks for the updates.

    Find the link below...



    I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.


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  • shri22
    11-12 04:18 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.

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  • gcseeker2002
    12-21 10:40 AM
    I spoke personally to the SFO consulate and they said , unless you have something in your passport that is valid you need a transit visa. They dont care about other forms of travel.


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  • paulinasmith
    08-20 08:06 PM
    Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?

    The procedure is same they take ur I-94 and cancel ur current visa first.Some people get their visa done within 1-2 days.Forget about re-entering US when your visa is in "administrative processing"

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  • jhaalaa
    10-31 07:20 PM
    Thanks to the USCIS administration for bringing it out for public information.

    It would help a lot of non-citizens make informed decisions.

    Thanks OP.

    Best Wishes for all.


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  • like_watching_paint_dry
    03-15 01:13 PM
    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off

    It's not an optional or goodwill thing. With a little bit of googling around here's what I found:

    Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.

    Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm

    You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.

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  • thepaew
    02-09 01:41 PM
    Hello Pappu,

    I can write this. Please let me know the word count. When is the deadline?


    We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.

    Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference


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  • tigerlibra
    09-29 05:52 PM
    Does anyone have any suggestions ?
    Thank you...

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  • dixie
    10-01 01:16 PM
    It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
    This is exactly the situation that one of my colleagues finds himself in.

    But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.

    BUt thanks for your clarification. I used to think PERM has solved problems for all.


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  • vverma17
    08-19 06:44 PM
    Jingi I might not be able to help you, but I am also expecting RFE for my wife. Just anxious to know what was you RD and at which Service center.

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  • little_willy
    07-25 12:38 PM
    I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being

    1. I had good relationship with my previous attorney.
    2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
    3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.

    Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.


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  • xgoogle
    06-25 07:59 AM
    So we can apply for an EAD and AP renewal when the time comes on our own?
    Also is AC-21 filing involved in this case?
    And would my current employer need to do anything or need to not do anything?


    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.

    08-18 09:16 PM
    While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.

    Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)

    Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.

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