Sunday, June 19, 2011

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  • Carlau
    06-19 10:42 PM
    What is EVL, is it experience letter.

    yes, EVL is Employment verification letter, is a letter saying that you work for the company since... as ... (the position from the database).. for your real annual salary

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  • vamsi_poondla
    10-10 07:33 PM
    also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.

    Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.

    And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.

    Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.

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  • prashant1_sharma
    12-01 12:01 AM
    Send you a PM also.

    Can you please send it to me also

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  • vkannan
    02-11 01:45 PM
    Looking at the .PDFs and the law on spillover, I agree with MPADAPAs analysis. Still hope that there would be spillovers from unused EB visa...sure it will be less compared to last year....but atleast feel/hope it would be enought to get through 2006....atleast for EB2 guys....


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  • rockstart
    06-05 08:25 AM
    I thought they were doing that for a while now? Am I missing something?

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  • nozerd
    12-28 08:16 PM
    Does anyone know why USCIS has not released any processing dates in December. The last posting (at least for TSC) says that it was released on Nov 18th and dates are as of Sep 30th.
    Is USCIS just going to skip December and consider a full month of holidays ?


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  • ksircar
    03-23 02:28 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.

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  • nfinity
    07-06 02:53 PM
    Contributions go well with congratulations...


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  • plassey
    08-22 03:25 PM
    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    My PD is Aug 2005. My employer by mistake sent the 485 application on June 27 and USCIS received on June 28. Today Aug 21, I received the rejected 485 full package back. Employer is following up whether it can sent back. Anybody has any idea of any luck in this case, or has to wait till dates are current again?:mad:

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  • pady
    08-20 04:01 PM
    I guess this link is for H1 violation.

    I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.


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  • dummgelauft
    08-03 07:59 AM
    Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
    And one way to try to manage this is by country limits.

    per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.

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  • pd_recapturing
    01-26 03:51 PM
    1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...
    Very accurate and to-the-point answers. Awesome post !!

    Can you please keep us informed about the reason as to why did the deny your I-485?


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  • roseball
    08-23 03:54 PM
    Suppose I have an approved I-140 in EB3, and I ask my employer to port to EB2, and the EB2 i-140 gets denied. Does it result in losing my PD?

    AFAIK, you do not lose your PD.

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  • Macaca
    07-02 07:31 PM
    Please blog at Employment Based (EB) Skilled Immigration Applicants (


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  • widad2020
    06-12 09:28 PM
    This report is just released: Very interesting comments
    The U.S. retains its global pre-eminence in science and technology,with a big boost from foreign students,scientists and engineers, a RandCorp. report said.

    U.S. Still Leads the World in Science and Technology; Nation Benefits From Foreign Scientists, Engineers

    Despite perceptions that the nation is losing its competitive edge, the United States remains the dominant leader in science and technology worldwide, according to a RAND Corporation study issued today.

    The United States accounts for 40 percent of the total world�s spending on scientific research and development, employs 70 percent of the world�s Nobel Prize winners and is home to three-quarters of the world�s top 40 universities.

    An inflow of foreign students in the sciences -- as well as scientists and engineers from overseas -- has helped the United States build and maintain its worldwide lead, even as many other nations increase their spending on research and development. Continuing this flow of foreign-born talent is critical to helping the United States maintain its lead, according to the study.

    �Much of the concern about the United States losing its edge as the world�s leader in science and technology appears to be unfounded,� said Titus Galama, co-author of the report and a management scientist at RAND, a nonprofit research organization. �But the United States cannot afford to be complacent. Effort is needed to make sure the nation maintains or even extends its standing.�

    U.S. investments in research and development have not lagged in recent years, but instead have grown at rates similar to what has occurred elsewhere in the world -- growing even faster than what has been seen in Europe and Japan. While China is investing heavily in research and development, it does not yet account for a large share of world innovation and scientific output, which continues to be dominated by the United States, Europe and Japan, according to RAND researchers.

    However, other nations are rapidly educating their populations in science and technology. For instance, the European Union and China each are graduating more university-educated scientists and engineers every year than the United States.

    Policymakers often receive advice from ad hoc sources. Although their viewpoints are valuable, they should be balanced by more complete and critical assessments of U.S. science and technology, said report co-author James Hosek, a RAND senior economist. The absence of a balanced assessment can feed a public misperception that U.S. science and technology is failing when in fact it remains strong, even preeminent.

    �There is a pressing need for ongoing, objective analyses of science and technology performance and the science and technology workforce. We need this information to ensure that decision makers have a rigorous understanding of the issues,� Hosek said.

    Among the study�s recommendations:

    Establish a permanent commitment to fund a chartered body that would periodically monitor and analyze U.S. science and technology performance and the condition of the nation�s science and engineering workforce.

    Make it easier for foreigners who have graduated from U.S. universities with science and engineering degrees to stay indefinitely in the United States.

    Make it easier for highly skilled labor to immigrate to the United States to ensure the benefits of expanded innovation are captured in the United States and to help the United States remain competitive in research and innovation.

    Increase the United States� capacity to learn from science centers in Europe, Japan, China, India and other countries.

    Continue to improve K-12 education in general, and science and technology education in particular.

    The inflow of foreign students, scientists and engineers has been a key factor that has enabled the U.S. science and engineering workforce to grow faster than the U.S. is graduating native-born scientists and engineers, according to the report. Researchers found that foreign-born scientists and engineers are paid the same as native born, suggesting their quality is on par.

    But a recent reduction in the cap on skilled immigrant visas (H1-B) has the potential to reduce the inflow of foreign science and engineering workers, and the report argues that curtailing the supply of these scientists and engineers can lead U.S. firms to outsource more research and development to foreign countries and locate new facilities overseas. Rather than protecting jobs, this could lead to reduced investment and employment at home.

    Among potential weaknesses faced by the United States are the persistent underperformance of older, native-born K-12 students in math and science and the heavy focus of federal research funding on the life sciences versus physical sciences. Another unknown is whether an increasing U.S. reliance on foreign-born workers in science and engineering makes the U.S. vulnerable. In recent years, about 70 percent of the foreign scientists and engineers who receive PhDs from U.S. universities choose to remain here, but the stay rate could fall as research conditions and salaries improve abroad.

    The RAND report was sponsored by the Office of the Under Secretary of Defense for Personnel & Readiness and conducted within the Forces and Resources Policy Center of the RAND National Defense Research Institute, a federally funded research and development center sponsored by the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the Department of the Navy, the Marine Corps., the defense agencies and the defense Intelligence Community.

    The report, �U.S. Competitiveness in Science and Technology,� can be found at

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  • nave_kum
    07-27 09:33 PM

    Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?


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  • mnq1979
    10-29 04:50 PM
    Thanks for the reply
    I don't have a muslim name. I am a Hindu so as my name.
    Dubai, Bahrain i went there for project implementations. kuwait was my office place and i traveled those places for work.

    But all those 3 countries are allies with US, people often consider Kuwait as US 53rd state. By any chance can we see that exempted countries list.

    when is ur info pass appointment?

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  • houston2005
    04-01 06:29 PM
    sent both faxes

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  • shreekhand
    04-14 08:14 PM
    Now, it is certainly ridiculous for you and your spouse to renew your drivers license's every 6 months...

    That said, it is not a wild assumption that a decision on a I-485 application cannot be made in 6 months, all of those who are not retrogressed get it in that time frame...

    Further, since the DMV actually checks the status with USCIS... (in most states) why would they care what the document says ?

    I just got back from a lengthy fight with my local and state DMV offices to convince them I'm legal to continue having a drivers license. I'm EB, in the adjustment of status stage since July 2007. DMV asked me recently for proof for status check. I took the pending I-485 receipt and while they told me it is an acceptable proof, they said they have a rule that if the document has no expiration date, they can only give you a driver license with validity 6 months beyond the receipt date of your document (with the wild assumption that any I-485 application is approved or denied within 6 months)
    I have nothing against local government and their agencies enforcing immigration, but if you won't give your staff the necessary training to comprehend what legal immigration status is then it will be a disaster

    11-03 02:49 PM
    Its christmas time in vacation.. they want less work not more- my guess is it will be set back by couple of years- ..May be they think other way around; Christmas gift - move it forward by couple of years. :mad:

    12-11 02:31 PM
    everyone has to go thru namecheck process. Once during greencard process and once again during citizenship process. (if and when you apply for citizenship.)

    To find out about namecheck, you can call USCIS and if you get an officer on the line (not the cust service representative ), then you can find out.

    You can also find out about the status of your namecheck with infopass appointment. That will take up some of your time.

    Thank you very much. I will follow up on that.

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