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Sunday, June 26, 2011

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  • delhis_007
    06-05 11:32 AM

    My PD is Jan 04. EB2 India. 140/485 filed in July 04. 140 approved Mar 05. Any comments?

    What is your PD and category?

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  • dixie
    07-03 10:23 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.

    Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!

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  • mariner5555
    01-15 06:51 AM
    if you want networking and be independent then you can join Amway :D.
    am joking ofcourse

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  • Axilleus
    10-23 11:36 AM
    I found that EADs from NSC are being issued for filers until Aug13, as of now. I guess the processing time is like a week and half of the week, for every day. So you could be getting in 3 weeks.

    Just wondering how do you know that EADs are being issued for Aug 13 filers?


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  • reachinus
    07-23 03:37 PM
    C. UHRMACHER @ 8,26am on July 2

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  • diesel
    04-13 03:56 PM

    What bill is that? Do you have the bill nimber?


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  • martinvisalaw
    03-09 12:30 PM
    My understanding is, while your AOS is pending, you're in parolee status.

    You are only a "parolee" if you used Advance Parole to enter the US. Some people don't get AP, or don't use it.

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  • MetteBB
    05-12 02:07 AM
    Why thank you! Looks nice and fresh doesnt it? Like you just wanna take a big bite out of them. :drool:



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  • vxg
    07-17 11:04 AM
    It is a hit or miss so have to keep trying i generally do not call them often but last month just had a hunch and got lucky. The steps are copied here from another thread.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at i.e. you will not get any useful information out of them.
    VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?

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  • reddymjm
    12-10 06:04 PM

    EB2-I wait for April Bulletin.

    Good to see EB3 movement.

    EB2I and EB3 I should wait till Jul Bulletin.


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  • xyz2005
    08-02 01:09 AM

    I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

    I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

    I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

    Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

    Please let me that is risky or will come back with RFE?


    Well few comments:
    - For LC you cannot use your current work has to be relevant prior one
    - Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
    - Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
    - For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.

    Thanks and take care
    Best Regards,

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  • Blog Feeds
    02-10 08:50 PM
    Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in recovery mode, and employers are careful before hiring. Yet, many Immigration experts feel the Cap will be met early this year, but when is the big question.

    With drastic changes to the Labor Condition Application ( (now taking more than 7 days to process), as well as unreasonable denials (, planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.


    On October 21, 1998 Congress passed, and the President signed into law, the much debated American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No. 105-277 (hereinafter ACWIA). This legislation was first introduced by Senator Spencer Abraham (R-MI), the Chairman of the Senate Subcommittee on Immigration, in response to the inadequate numbers of H-1B visas available in any fiscal year. As part of the Immigration Act of 1990, Congress imposed a 65,000 per year cap on these visas. In 1997, the cap was reached prior to the end of the fiscal year. The situation grew to crisis proportions in fiscal year 1998 when all 65,000 visas numbers were taken in May of 1998.

    In early March 1998, Senator Abraham introduced a bill entitled, "The American Competitiveness Act." The legislation was introduced on the heels of numerous reports and hearings concerning the high tech worker shortage in the United States. The primary goal of the legislation was to address the looming exhaustion of the H-1B professional or specialty occupation worker visa numbers. (

    The ACWIA went through many different stages before an agreement could be reached. A complete elimination of the cap had originally been proposed by Senator Abraham. The legislation was then modified to increase the number of H-1B visa numbers available during the government fiscal year; provide additional funds for scholarships in the computer science and mathematics areas; increase enforcement of the Department of Labor component of the H-1B visa process; and provide clarification on the prevailing wage requirements of the process. The legislation also addressed permanent residence by providing for an extension of the H-1B visa should a permanent residence petition be pending, and through restructuring the allocation of the employment-based immigrant visa numbers.

    This legislative game between conservative isolationists/liberal protectors of the U.S. workforce and moderate Democrats and Republicans supporting business needs and demands, caused chaos among U.S.-based businesses in need of skilled professional workers. From May 11, 1998 until October 1, 1998 U.S. businesses, research institutions and other organizations were unable to recruit foreign workers as temporary professionals. With the U.S. economy still booming and unemployment rates remaining at an all-time low, businesses, especially in the high tech sector, encountered many problems as a result of the cut-off in H-1B visa availability. These problems included, but were not limited to, taking employees off the U.S. payroll, sending employees back to their home country or to sites outside the U.S. as well as the termination of some critical development projects.

    Requirements in the Statute

    The ACWIA purportedly balances the need for increased professional visas numbers for foreign workers and the desire to protect the U.S. workforce. The following is a summary of the significant changes made by the legislation.
    A. Temporary Increase in the Number of Professional Visas Available

    There will be an increase from 65,000 to 115,000 visas for fiscal year 1999 and 2000 (through September 30, 2000). In fiscal year 2001, 107,500 visas will be available. Beginning October 1, 2001 the numbers will revert back to 65,000.
    B. Electronic Postings

    LCA notices may be posted electronically in situations without a bargaining representative. This provision was effective upon date of enactment.
    C. Attestations Required for Employers Dependent Upon Foreign Professionals

    U.S. employers of 51 or more employees, whose workforce is comprised of 15% or more foreign nationals in the H-1B category are considered dependent employers and must make certain attestations. Employers will also be considered dependent if they employ 26- 50 full time employees and have more than 12 H-1B employees or if they employ 7 -25 employees and have more than 7 H-1B employees.

    The dependent employer must attest that it has not and will not displace a U.S. worker within 90 days before and 90 days after filing the visa application. This attestation carries through to employers who place employees at another worksite. The H-1B dependent employer must also attest that it has taken good faith steps to recruit U.S. workers using industry wide standards and has offered the position to any U.S. worker who is equally or better qualified for the job the foreign worker is sought.

    H-1B employees with a Master�s degree or a salary of $60,000 or higher are not included in the attestation requirements and for the first 6 months following the implementation will not be included in the dependent employer calculation.
    D. Increased Enforcement and Penalties for Violations

    The Department of Labor may fine employers between $1,000-$35,000 per violation and preclude participation in the H-1B program for up to three years.
    E. Back Benching H-1B Employees

    Employers must pay H-1B nonimmigrants the wage stated on the H-1B petition even if the beneficiary is in nonproductive status. This does not apply to non-productive time due to non work related factors.
    F. Benefits

    Employers must offer foreign workers benefits and eligibility for insurance, disability, retirement and savings plans, stock options, etc., on the same basis as offerings made to U.S. workers.
    G. Additional Fee for Use of H-1B Program

    Beginning December 1, 1998, employers are required to pay an additional fee of $500 for an initial H-1B petition and for the first extension. These fees are to be used to support job training programs and scholarships for U.S. workers.
    H. Prevailing Wage Computations

    For institutions of higher education, related or affiliated non-profit entities or non profit or governmental research organizations, the prevailing wage shall take into account employees at such institutions in the area of employment.
    I. Academic Honoraria

    Payments of honoraria may now be made to B-1 and B-2 visitors for usual academic activity lasting 9 days at an academic institution or affiliated non-profit entity or a non-profit governmental research organization. No more than 5 honorarium may be received within a six month period.

    Employers based in the U.S. now have a temporary reprieve when hiring foreign professionals. However, it is uncertain whether the 65,000 visas for this fiscal year will be adequate to meet the demand for this year and next. Some government officials estimate that visas will be unavailable as early as the beginning of May 2010. In addition, it is still unclear what is on the legislative horizon, reform or not. Pro Immigrants want to come with a proposal to reform legal immigration. U.S. employers employing foreign nationals in any capacity would be well advised to carefully monitor future legislative and regulatory proposals on the horizon. All I can say is that if you plan on hiring a foreign worker, you better call your lawyer now!!!

    More... (


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  • Berkeleybee
    05-31 01:31 PM
    Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.

    Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)

    But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.

    What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.


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  • satishku_2000
    11-29 04:01 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?


    did you use AC21 and inform USCIS?


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  • nepaliboy
    02-11 10:01 PM
    I am also same boat. Not yet

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  • texcan
    08-13 11:18 PM
    I got LUD on two 140's for 8/12/07.

    Based on so many LUDs, my hunch is it might be data check for 485 entry.
    or it does't mean anything.

    if checks are cashed in a day or two, then it surely is 485
    or does USCIS deposits checks first.

    LUD on so many cases cant be a coincidence.

    my 2 cents


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  • same_old_guy
    05-24 02:32 PM
    This subject is treated as an elaborate chapter titled "The quiet crisis" in Friedman's book "The world is flat". A very good read. Here is an extremely well written article on education crisis staring at the US. It also touches on the broken immigration system.

    Feel free to discuss but kindly refrain from making extreme and judgmental statements.

    ************************************************** *******

    Credits: Thomas L. Friedman (NY Times). All rights reserved. Article has been reproduced in its entirety.

    The quiet crisis in US education

    By Thomas L. Friedman

    First I had to laugh. Then I had to cry. I took part in commencement this year at Rensselaer Polytechnic Institute, one of America�s great science and engineering schools, so I had a front-row seat as the first grads to receive their diplomas came on stage, all of them PhD students. One by one the announcer read their names and each was handed their doctorate � in biotechnology, computing, physics and engineering � by the school�s president, Shirley Ann Jackson.

    The reason I had to laugh was because it seemed like every one of the newly minted PhDs at Rensselaer was foreign born. For a moment, as the foreign names kept coming � "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" � I thought that the entire class of doctoral students in physics were going to be Chinese, until "Paul Shane Morrow" saved the day. It was such a caricature of what Ms Jackson herself calls "the quiet crisis" in high-end science education in this country that you could only laugh.

    Don�t get me wrong. I�m proud that our country continues to build universities and a culture of learning that attract the world�s best minds. My complaint � why I also wanted to cry � was that there wasn�t someone from the Immigration and Naturalization Service standing next to Ms Jackson stapling green cards to the diplomas of each of these foreign-born PhDs. I want them all to stay, become Americans and do their research and innovation here.

    If we can�t educate enough of our own kids to compete at this level, we�d better make sure we can import someone else�s, otherwise we will not maintain our standard of living. It is pure idiocy that Congress will not open our borders � as wide as possible � to attract and keep the world�s first-round intellectual draft choices in an age when everyone increasingly has the same innovation tools and the key differentiator is human talent. I�m serious. I think any foreign student who gets a PhD in our country � in any subject � should be offered citizenship. I want them. The idea that we actually make it difficult for them to stay is crazy.

    Compete America, a coalition of technology companies, is pleading with Congress to boost both the number of H-1B visas available to companies that want to bring in skilled foreign workers and the number of employment-based green cards given to high-tech foreign workers who want to stay here. Give them all they want! Not only do our companies need them now, because we�re not training enough engineers, but they will, over time, start many more companies and create many more good jobs than they would possibly displace. Silicon Valley is living proof of that � and where innovation happens, matters. It�s still where the best jobs will be located.

    Folks, we can�t keep being stupid about these things. You can�t have a world where foreign-born students dominate your science graduate schools, research labs, journal publications and can now more easily than ever go back to their home countries to start companies � without it eventually impacting our standard of living � especially when we�re also slipping behind in high-speed Internet penetration per capita. America has fallen from fourth in the world in 2001 to 15th today.

    My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal Democracy Forum. They are trying to make this an issue in the presidential campaign by creating a movement to demand that candidates focus on our digital deficits and divides. (See: Mr Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child Connected."

    Here�s the sad truth: 9/11, and the failing Iraq war, have sucked up almost all the oxygen in this country � oxygen needed to discuss seriously education, healthcare, climate change and competitiveness, notes Garrett Graff, an editor at Washingtonian Magazine and author of the upcoming book The First Campaign, which deals with this theme. So right now, it�s mostly governors talking about these issues, noted Mr Graff, but there is only so much they can do without Washington being focused and leading. Which is why we�ve got to bring our occupation of Iraq to an end in the quickest, least bad way possible � otherwise we are going to lose Iraq and America. It�s coming down to that choice.


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  • sweet_jungle
    11-16 02:38 AM
    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

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  • ursosweet
    07-17 05:32 PM
    by god's grace and efforts of IV and other unnamed people WE have prevailed.
    good luk everyone..

    08-21 01:16 PM
    I need help please!

    My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.

    03-11 03:01 PM
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