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Saturday, June 25, 2011

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  • chanduv23
    10-15 07:29 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The world is flat. Any job that CAN be outsourced, will be outsourced. Now, it may be India, but other places are catching up. No matter how efficient you are and how much knowledge you have, if your job CAN be outsourced, it will be outsourced. Companies hire specialists who do the ourtsourcing process. Almost all layoffs are a result of moving the jobs out or closure of partial or complete businesses.

    For outsourciong, all we need is a high speed internet connection and a skype software as a bare minimum.

    Yes, this is a constantly changing world, none of the jobs are stable and things keep constantly changing. Read the book "The world is flat" by Thomas Friedman and you will understand what it is all about

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  • Dipika
    03-28 09:41 AM
    guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.

    hoping big forward move.:D

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  • furiouspride
    08-03 06:22 PM
    When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

    Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

    (do some workout like fun sports (Gym is for the dedicated ones) to stay active)
    Eat drink n be merry is all good. Just that you cant overdo it. O/w you will be on your way out @ 40 or worse yet, will have to deal with diabetes, cholesterol, hypertension etc. in the later part of your life. Key is to eat right and exercise. Cliched I know but I don't see too many people around sticking to this simple rule :)

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  • zCool
    04-05 02:56 PM
    So lets understand this..
    You joined someone on the promise that they will sponsor your GC with approved labor..
    They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
    So either you paid him before joining and hence feel entitled to this approved I140
    You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
    Go eat in some other dust-bin..!


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  • EkAurAaya
    03-19 06:43 PM
    no ones ever sold a house on H1B or EAD? :confused:

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  • asanghi
    09-15 02:15 PM
    We can send these to Nancy Pelosi & Harry Reid. I am in. However it will only be effective if we manage PR well. The only reason flower campaign worked so well was because it was all over in the news. So I guess we should either copy some reporters (which I think may be too much data for them to appreciate) or make a press release through IV.


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  • JK747
    07-16 09:25 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.

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  • somegchuh
    09-22 04:39 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.


    Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.


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  • raysaikat
    11-29 05:01 PM
    The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.

    What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.

    In other words, the status is determined by I-94.

    Usual warning: Use any of above at your own risk!

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  • waitingmygc
    05-21 06:16 PM
    Attorneys or Gurus please:

    I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

    1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

    2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

    3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?



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  • willigetagc
    08-19 09:27 AM

    I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

    PD: 10/2002
    I-140 - Approved Jan 2007
    Category - EB3, ROW

    relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.

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  • Munna Bhai
    01-10 06:00 PM


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  • pointlesswait
    04-07 09:33 AM
    i think ur employer/lawyer was retarded to send a check dated far as i know.. check have a validity of 90 days..(atleast most of them do)

    anyway..tough luck brother !

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  • ita
    01-15 10:30 PM


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  • acsouza
    03-20 07:15 PM
    Yes I believe the HR department is wrong in this case.
    The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.

    I am researching this further once I get some more information from DHS I will be arguing with HR again.

    Thanks Euclid.

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  • calgirl
    08-07 11:46 PM
    When did you contact the Senators office and how long did they take to retrieve this information for you?


    I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
    Well in my case USCIS did not give me any information.
    So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
    Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
    So i have stopped calling USCIS and directly call the Senator office.
    Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
    So may be you can try calling the Senator office and ask them to followup with your case.


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  • little_willy
    09-14 03:45 PM
    The interview with Jay about the rally just started.

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  • seaken75
    09-26 12:16 PM
    I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?

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  • sunny1000
    06-26 12:05 AM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.

    you can also call the USCIS CS number to see if they can help you.

    Wish you luck.

    01-10 02:57 PM
    Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."

    Anybody in the same shoes?

    Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.

    Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)

    took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.

    good luck to you!

    03-09 12:36 PM
    No surprises here...from Murthy Bulletin:

    2. Employment-Based Visa Number Predictions

    We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.


    Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.


    Employment-Based First Preference / EB1

    Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

    Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

    This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    Double Dipping

    Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.


    We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

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