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  • Macaca
    01-31 04:52 PM
    I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
    BTW , he has no plans to travel out of country so stamping is not an issue.

    Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.

    I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.

    It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.

    There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.





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  • pappu
    04-23 10:18 AM
    This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this. We did get an irresponsible member gautamagg in this event by using IV's name and asking a wrong question. This Q and A session should have been used to talk about the general issues of the organization members and that IV fully supports the bill that brings relief to us. And not asking if this congressman can get me a F1 visa because I don't want to spend $100 and ask this question to a lawyer. Or saying I am getting a 100K salary now and if I get my greencard I can get 120K salary and I am very depressed because of that. It is really tough to discipline everyone coming to the meetings and making sure each question will be well thought of and coordinated. There are definitely some lessons learnt after such representations in public meetings.

    Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.

    Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.





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  • tcsonly
    09-19 04:44 AM
    Hi,

    I was one of the marshalls, reached Los Angeles like an hour ago. The rally was a huge success, but not upto the expectations from the locals. There is no doubt there is more participation from CA members in both days 17, & 18th and I am not sure what stopped locals attending the rally when they have excellent commuting options to the monument and the capitol area unlike the west coast where we're forced to drive.

    I am sure that the local chapter leaders such as Arun, Sukhvinder, Sivakanth, & others put a lot of time, effort, & money into getting the permits from different authorities, display matertials prepared and delivered on time, and other logistics.
    At the same time, having 6 weeks time for the rally, I think the local chapters in DC, VA, MD, & DE should have taken a bigger initiative in conducting chapter meetings to improve the participation, and volunteer efforts in receiving people from the airports and/or providing accommodations.

    I spoke to one person from CA who came with all the checks written with the names & amounts in advance, and handing them over to the members who were sponsered for the rally.

    Thanks to all who made the rally a big success.

    I do support in changing the organization name to "Legal Immigration Voice" immediately.

    I will be writing more in the morning,
    Chandra.





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  • same_old_guy
    03-19 05:13 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !


    Can EB2 move to March 06?



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  • psaxena
    05-26 05:09 PM
    I have seen the similar stop points in San Diego also and also while travelling to CA from AZ I was stopped at the border and then the office looked inside the car and said and thank you and let us go. I normally drive CA on the long weekends most of the time and everytime the same thing happens.

    Well good to know this, as I never carried my documents ever with me.





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  • mbawa2574
    07-02 05:20 PM
    $100
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  • test101
    07-05 03:24 PM
    what a waste of time.People should be working side by side to make media,congress, sentors aware of the our problem. Instead of fighting about making the website free or not.





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  • EndlessWait
    07-25 10:50 AM
    Yes, I have this feeling already. Now, what happens if someone switches jobs using AC-21 and then this RFE is received? You have to submit the NEW employment / offer letter right? So how does this help the current employer to stop you from switching jobs?

    I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.



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  • belmontboy
    03-21 04:38 PM
    Unless you have clearly written promise that they will apply for GC, you cannot fight in court. Secondly, even if they did give you in writing, there is no time limit on when they can file.....they can effectively file labor a month before 6th year of H1 and have you out of status and therefore layed off.

    Taking advantage of employees by making insincere promises is not illegal, but is unethical.

    It's good to know about these companies so that other's don't end-up with the same problem.





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  • WAIT_FOR_EVER_GC
    06-10 02:03 PM
    Why r we fighting over pity things like EAD needs employment letter, their political position
    etc. Wait for pappu's update and try getting as many people as you can to support this issue. We need a good head count to win this.



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  • GCNaseeb
    10-12 09:20 PM
    See signature





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  • HarshJ
    10-13 12:18 AM
    PD Sept 2001
    Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
    I-140 RD Mar 12 2007
    I-485 RD Jul 23 2007
    Received EADs, APs and I-485 receipts Sept 23rd 2007

    Waiting !!:(



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  • logiclife
    01-30 04:37 PM
    I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
    Its frustrating.

    Yes. Many of the American companies, the fortune 500 companies would go without a qualified worker for months and months but would not hire H1B because they dont want to deal with keeping track of stuff and all the legal requirements and paperwork and dealing with USCIS and immigration lawyers.

    But you have to start somewhere and gain experience and hope that you will have a project somewhere, where you prove to the client (potential employer) that you are a valuable resource, and then they would sponsor you for H1 and then you can quit your desi employer. That is the standard M.O. for most people who are looking for a start. However, in most cases, since desi employers are also the GC sponsors of the primary bread-winner of the family, that opportunity of working for a better employer is passed up by many employees.





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  • BumbleBee
    08-15 04:11 PM
    Shocking !!!! :eek:

    Not really, Everyone is numb after July Visa Bulletin fiasco. Sep bulletin is better than expected, better than August atleast ( there are some dates in each cell, instead of 'U' all over the map ).

    Lets hope for Oct bulletin to bring a little bit of smile :rolleyes:

    Beeeee



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  • perm2gc
    12-27 12:34 AM
    One More

    http://www.chicagosamachar.com/default.php?ad_id=9049





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  • ash123
    02-12 03:41 PM
    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.



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  • sumansk
    12-20 04:04 PM
    :D;)
    I dont think you need to worry.. for you knwo what I am saying ...:D





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  • return_to_india
    05-26 09:42 PM
    ..... theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    .....

    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?





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  • Legal
    07-13 04:49 PM
    If they can approve ~ 150 k total EB cases per year @ ~12,500 / month, with EB3 used up for the remainder of this year, they can definitely process at least 25 k during Aug and Sep.

    They adjudicated lot more 485s than 25 K last year. This massive adjudication was the reason behind threatened withdrawal of July 07 bulletin.





    dilber
    06-06 03:53 PM
    We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.

    No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.

    Here are our dates for those interested in tracking.

    PD: Jan 29, 2004, EB2
    Ohio labor approved - Oct 2004
    45 day letter - Jan 2005
    Labor approved from Dalla BEC - June 2006
    I I140 regular, non concurrent approved - Sept 2006
    I 485 sent to Nebraska - July 13 2007
    EAD approved - Oct 2007
    I485 approval email - June,06, 2008

    Congratulations Bothi_Tree and good luck... Do visit us some times and help out with calling campaigns etc... Your voice just got way more important to the Law makers then ours





    uma001
    10-01 09:51 AM
    Guys,

    Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card