Sunday, June 12, 2011

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  • rr_immaculate
    12-17 10:36 AM
    Employer B applied for H1B transfer and it was approved in september,2008.But I am still in the payroll of employer A and have not joined B yet(no paystubs etc). Employer A knows this and has not revoked my H1B (visa valid till december 2009 and have got it stamped already). I would like to travel to India in this situation (emergency).

    I still intend to work for A after my travel.

    1. Will it be a problem at the port of entry with my visa transferred to B,but me still being the payroll of A and intend to continue with A after my travel? (my H1B visa with A is valid till december,2009)

    2. What supporting documents do I have to carry with me other than a recent employment confirmation letter,paystubs from employer A?

    Currently, I am into the 2nd year of the first 3 years of H1B.I checked with my attorney and she said its ok to come back with the employer A visa.

    Please let me know.


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  • bheemi
    06-25 05:03 PM
    hi mirage,
    you dont need to pay anymore money for EAD when you apply in future. this is what my attorney said. Thats why USCIS fees is very high and its one time fess for EAD and AP.

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  • CADude
    03-14 01:07 PM
    It's slow poison.. Great deception. You can't get it and You can't let it go. After waiting so long (7+ years in GC road) I got nirvana. One early morning I think over back and relies what the hell I did with my life and career for this stupid card. So I put my energy in study. Hoping to complete MBA by summer and move forward. Waited so long so i don't have any more patience or emotion left. I have to move on with life.. :p

    Have a cup of coffe, it is sprint break time, I am taking my daughter out....also I am going to meet some friends over this weekend.

    This EB-2, EB-3, ROW, India, China..... only hurts me when I think about it! As long as I am busy with my day to day is beautiful.

    Going to make a cup of coffee and watch my fav song on YouTube! Cheers...

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  • JunRN
    06-30 06:39 PM
    That one in Murthy's case was that the person would be in better position if i-485 is not approved because PD is not current.

    Reason is that once the i-485 is approved, his H1 status is gone. Since his wife was on H4, it is automatically cancelled. Since she had not yet filed i-485 and can't file it being PD not current. she had to return to her home country.

    That will result to being separated from her husband for a long time. Therefore, it is better for both of them to be in H1 and H4 at that particular instance.

    I hope this is not the same case with the OP of this thread.


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  • nrakkati
    03-24 10:58 PM
    I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.

    Thank you, gapala. I will come back and update.

    I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.

    Good Luck with your GC too.


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  • axp817
    09-25 09:13 AM
    Looks like USCIS is sending more denial letters on AC21 cases these days, a lot of VOs may not have been trained on AC21.

    I took infopass this week to find out status of my case (AC21 responded to NOID and case reopened and lot of soft LUDs) - the VO was trying to be judgemental instead of looking at computer and answer my question. She said "If you change job and 140 is revoked, there is no way your 485 will get approved" and when I insisted her to look at computer and let me know status, after some nagging, she looked and told me case is pending and NC cleared and I will receive a decision sometime but not very soon.

    Believe me, a lot of VOs do not know AC21 stuff.

    In such cases, where the InfoPass people (IOs or VOs or whatever they are called) pass judgement on whether your 485 should be approved or not, does it help to bring a printed copy of the AC21 Aytes memo (issued in Dec 2005)along to show to them? It is an official USCIS document and it clearly states the following.

    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.


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  • Since1997
    07-24 10:43 AM
    I think we can wait till Aug 15th for I-140 receipt and if we don't get that (:( :mad: :confused: ) then we can file I-485 with the mailroom instructions from the FAQ (:) :) )

    I don't recomened to wait until Aug 15th...since there may be postal delays/package missings, etc.,...very recently happend to me with UPS overnight (aqfter 3days of investigation - tjhey simply said package is missing) guys consider some factor of safety time...i would suggest don't want more than Aug 10th.....

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  • garybanz
    09-20 02:12 PM
    Good Idea, Jayram.

    Having even a couple of fill time staffers will make a big difference...but will also require bigger budget.

    Does any one know how much IV collets in recurring contributions? How much did we collect for the DC rally and how much did we spend?

    San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?

    I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.

    But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.

    If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.

    It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)

    There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.

    Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.

    With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?

    I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?

    We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?

    How about taking this to the next step and hire paid fulltime staff who can
    1) call people and request donations
    2) organize meetings
    3) stimulate the local chapters
    4) promote IV
    ..... and the list can go on.....and do all the things necessary to convert all propects to customers.

    How about having full time offices in DC? This office will run on donations.

    Finally, how about instead of anonymous members make this a place where everyone has to provide their personal details etc.

    Anyways, I am just ranting.


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  • belmontboy
    05-30 04:50 AM
    Yes, every outraged indian should send an email to Air France. The content of that should clearly indicate that they will never fly Air France again due to these "racial" discrimination allegations.

    That should teach them a lesson.

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  • deardar
    07-17 09:10 AM
    any good lawyers in CT ?


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  • rameshk75
    04-29 12:33 PM
    Thanks pappu for the update.

    Another $50 contribution from my side.
    Reciept Id #2GU98605X4804164V

    GO IV...Let's make it a success...

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  • santb1975
    02-29 09:50 PM
    March 10'th - That's the latest update from the So.Cal chapter lead


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  • willwin
    03-14 11:23 AM
    Thanks BharatPremi!

    Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:

    1. Not MANY cases left with PD before 2003
    2. 2003 and 2005 most cases moved over to EB2
    3. In July 2007, PD moved over to June 2003

    What about cases in 2004? not many?

    And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?

    First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
    Labor black Market flourished mainly in NY, CA and TX.
    We saw a new animal "Virtual Office". Lot of ethically and
    morally(Now even legally) illegitimate transfers occured
    from EB3 to earl PD based EB2.

    Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
    May PERM was gonna to be released, people
    fanatically started preparations to switch over to EB2
    using PERM. So maximum fence hopping done in this
    period and continued till 2006 mid.

    Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.

    So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I

    Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.

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  • sapota
    09-27 11:54 AM
    I probablly know the answer to my own question, but would like to know other opinions. My lawyere tells me this. Since the dates were current when I filed for my I485 in July, the application will be processed regardless of what the dates are right now. Another words, he thinks that even though the dates are showing as 2002, my application will be processed since when we filed, they were current.

    is this true. If so, then provided I pass background check in time, i should expect my GC in a year or so. but if I have to wait until 2002 Row becomes current, in my case 2005.. then I am majorlly scrwed...


    Your application will be processed until the stage where a visa number is needed to adjudicate your case. Since EB3 (am assuming here) ROW is not current. Your app will wait until visa numbers for your category becomes current. In other words, your last sentence may be true. But not if you become vocal about your plight and fight for it through activism (i.e by supporting Immigration Voice).


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  • goel_ar
    03-28 12:54 PM
    Agree completely !!!
    Otherwise, It should be allowed to have PD based on my First Port of entry date ?

    I still say that they should be allowed to port but should go back in line.

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  • snathan
    03-28 02:44 PM
    It is related my friend, you need to update your profile. dont hide your information and try to get money from other members for DC Rally. I dont think i am asking anything wrong here. you need to updated your information.



    I never asked anyone send the check to my personal account....and no one is donating the money
    based on my reputation or profile information.


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  • Jaime
    09-20 01:27 PM
    I agree its a great idea, still most of crowd don't understand what are we asking and relates us to un-documented workers.
    Even within legal community most people who are pre-gc stage (H1/LE Etc) they don't have any interest; ppl came to me at work after rally to tell me that they are 4-5 years away from my situation so they didn't feel attending rally. Bigger the better, we need big crowd, NJ/NY/MD/DC/VA are worthless. We can try doing rally in Houston, TX area, we may find dedicated people there. But I feel it will be very tough to show heads rally in big numbers.

    On our next rally (hopefully soon) we should all carry placards but this time with ONE single slogan:


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  • tabletpc
    09-12 11:18 AM
    Don't forget they are politicians. Before getting elected they will make 100 promises. After getting elected they don't even rememeber even a single promise.:D:D:D.

    Whether its INDIA or US, politicians have same Gene.:D:D

    Just reporting what I saw on CNN. During the Sen. McCain interview with Judy Judy Woodruff & Richard Stengel, Richard asked something like - what about the green cards for the highly skilled immigrants educated by American Universities. To this Sen. McCain replied implying - they should be given green cards sooner, I am not sure if they could be given automatic green cards but the process should be faster.....

    He said it not exactly in these words but implying something to that effect. They were suppose to ask Sen. Obama the exact same questions. Did anyone see Sen. Obama's answer to the question about green card for high skilled immigrants from Richard Stengel? Just curious....

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  • gccovet
    09-25 08:27 AM
    prince_charming, you had mentioned that you had done H1 transfer with AC21.
    I think it was mentioned in one of the posts in Murthy site that such a situation could lead to denial of I-485 as it would constitute abandonment of AOS application. One should use EAD after filling AC21.

    Hope Spring,

    Can you back your post with any links?

    I recently talked with my lawyer and also took consulting (paid $$$ for hourly consulting) with another lawyer as I am going thru the same route. Both the attorney mentioned there was no problem doing ac21 for H1 while AOS was pending for > 180 days and 140 approved .


    12-10 03:18 PM
    IV is a voluntary organisation. You can request people to volunteer, but cannot force them or scold them for not volunteering. This is not professional. They might have their reasons and the right to work their way. I agree with your frustration when people who signed to turn up do not show up. But I feel this is not the way to express it.


    It is a voluntary organization, and like any other voluntary movement unless people contribute their time, money & effort IV will not be successful.

    02-13 11:49 AM
    By Katherine Ling from

    Medill News Service

    WASHINGTON -- Greeley Mayor Tom Selders wants to know when Congress is going to address immigration reform.

    It's a simple question, but the answer is as elusive as the proverbial dog's tail -- a dizzying chase of vague answers and insufficient information.

    "It seems to me like people are talking about immigration issues all over the country," Selders said. "I think that it is really sad that the government can't put a priority on it."

    The latest source of Selders' frustration was a meeting of business and community leaders in late January with Sen. Wayne Allard, R-Colo.

    "We were disappointed with Allard's response," Selders said.

    Sean Conway, Allard's chief of staff, said Allard never promised to bring up immigration at this particular delegation meeting.

    "What he talked about was that he would be glad, as the process began to move forward and as concerns were brought forth, to pass those concerns on" to the delegation, Conway said.

    Conway said Allard would very much like to see the issue brought up in the Senate, but that as far as he knew, it was not at the top of the Democratic agenda. "This is an issue (Allard) very much wants to be involved with and has been involved with," Conway said.

    But Sen. Ken Salazar, D-Colo., said immigration was a major issue that would be addressed this year, maybe as early as March.

    "I think it is just a matter of time as to when we are able to get to it and I hope it is sooner than later," he said. Salazar is working with the Senate leadership on the immigration legislation, which will be sponsored by Sen. Ted Kennedy, D-Mass., and Majority Leader Sen. Harry Reid, D-Nev.

    But for Selders, soon is not quick enough.

    "We have frustration here. We see a lot issues and turmoil and some very nasty comments," he said. "(City officials) have all taken oaths of allegiance we will enforce the laws of this land and the frustration is that we lack the resources to do that. The laws are unclear and we lack jurisdiction."

    Immigration's National Outlook: Cloudy

    Outside of the Colorado delegation, consensus and clarity on when the immigration will receive top billing by Congress is not much better.

    Congress, under Democratic control, is actually in tune with President Bush on immigration for the first time in years. Despite this, few observers believe that a comprehensive immigration bill will pass this year.

    One of the few is Bob Dane, press secretary for the Federation for American Immigration Reform, who said President Bush and the Democrats were "locked and loaded" to pass immigration reform that included a guest worker program, or "amnesty."

    "I don't see how immigration can be an issue leading up to the 2008 election," he said. "It's such a volatile issue. We are guessing that they want to get it done before the election."

    But John Keeley, director of communications for the Center for Immigration Studies, a think-tank that researches immigration, was not certain. He said many of the freshman democrats, known as "Blue Dogs," who gave the Democrats the majority, were elected on immigration platforms that were against a guest worker program, favored by Bush and the Democratic leadership of Congress.

    "On the horizon of the 2008 general election we tend to think that it is not likely we will see significant legislation," as opposed to last year, he said.

    Keeley said instead of landmark legislation, lawmakers will try to pass bills or amendments that only address small pieces of the issue.

    That process has already begun. A bill was introduced in the Senate that would set up a guest worker program just for agriculture workers. In addition, a provision has been attached to minimum wage legislation that would withhold federal contracts from any company found hiring illegal immigrants.

    But the Democratic leadership is hoping to have a comprehensive immigration bill on President Bush's desk by the end of the year.

    Laura Capps, a spokeswoman for Sen. Ted Kennedy, D-Mass., said the senator, who is the Senate subcommittee chair on immigration, border security and citizenship, was hoping to have the Senate bill introduced in late February or early March. Capps did not know of an exact date yet.

    The real fight is expected in the House, not the Senate, which passed bipartisan legislation last session. The Republican House leadership was uninterested in the guest worker program, however, and only discussed the border enforcement aspect --the so-called 700-mile border fence.

    Rep. Zoe Lofgren, D-Calif., the chairwoman of the House subcommittee on immigration, border security and claims, plans to begin the committee process "promptly." But her spokeswoman, Kyra Jennings, said no date has been set to begin consideration of an actual bill.


    570 bills concerning immigrants were introduced in state legislatures.

    90 bills and resolutions passed the state legislatures

    84 of those were signed into law, more than double the amount of 2005

    32 states enacted laws, including Colorado

    Most states focused on education, employment, identification and driver's licenses, law enforcement, legal services, public benefits, trafficking and voting procedures.

    Data provided by the National Conference of State Legislatures

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