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

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  • gps001
    06-26 04:02 PM
    Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?

    ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?


    In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.

    BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused: (page 4)

    If you travel before the advance parole document is issued, your application will be deemed abandoned if:

    A) You depart from the United States; or
    B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.

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  • permfiling
    02-08 05:44 PM
    Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..

    My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know .

    The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.

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  • amsgc
    06-12 08:47 PM
    Mark Kirkoreiean's (or whatever his name is) thesis is that not everyone who gets a green card through EB is a genius, and that is not good for America. "Einstein" here doesn't understand that it takes more than a genius to make a company successful, and thereby create more jobs for your average Joe. If you are in the business of developing cutting edge technology, you certainly need some very smart people in your labs. But the guy who actually gets the product out of the door is your moderately above average skilled employee who knows how to get the job done. The whole argument that America needs the "best and the brightest" only is terribly flawed. And what better example than this Kericorien (or whatever his name is) character himself. In his testimony, he suggests that EB should be limited to EB1, and that too, to about 15K. Great, these 15K people will be able to do the job of the 500K gainfully employed individuals whose EB application is pending. Super! Good luck with selling that Mark.

    After reading what Mr Mark had to say i must say i m furious but at the same time i understand what he is trying to do viz Misguide!

    Folks like Krikorian thrive on donations made by misguided people (in the name of not-for profit and enticing them with tax exemptions). You don't have to be an "Einstein" to figure that out but you have to be at least EB3 category :D

    Reminds me of the Simcox guy of the minuteman project who raised millions and fooled a lot of people in the name of border fence which turned out to be a cow fence at best.

    And now a little prayer to calm down Soul!
    "May Mark Krikorian always be surrounded by Illegals and us EB2 and EB3 category immigrants" :D

    P.S- I generally don't mix Illegals with us.. but I made an exception just for Mr Mark, I'm sorry if that offends anyone.


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  • sc3
    10-22 04:29 PM

    I said in my earlier post that I will think about it. This is what I have to say.

    There are things that can be measured in single dimension say on x-axis. Say you have to buy a car and you have to ask yourself a question � which car do I like to buy? Say you like Honda as compared to other cars. Your likeability of Honda or such cars could be measured on the positive side of the x-axis and likewise, if you don�t like some car, that can be measured on the negative side on the x-axis. Now, there could be another dimension to the situation, say, what is the car model in question, if it is a civic or maybe accord, accord, CRV, Odyssey, Element or whatever. Now if you ask yourself that question again � which car do I like? This time you need two dimensions to answer the question which Honda model you like and which you don�t like. Foe the sake of clarity you can do this on the X&Y-axis. But say if there is a choice of multiple colors. You would have to now think/plot a 3-dimention model, say a cube, because you may like a model of Honda in one color but you may not like the same color in another model. Now there could be other combinations, say which year make or whether it is a sedan/coupe or the cost factor or resale value, mileage, new/old, dealership, goodies, experience of your friends/well-wishers etc. etc. etc. So there could be multiple dimensions analysis to answer a 7 word question - which car do I like to buy?

    The reason I say this is, even situations which otherwise seem simple require multiple dimensions of analysis. And there could be many more dimensions that we do not know or we do not understand. But say, you ignore all dimensions to every situation, and judge every situation in a single dimension analysis - whether or not you like something or not? If you don�t like it, that something has to be wrong. If you like it, that something is right. It can be easily identified on the x-axis. Simple, isn�t it. Life would be so much easier; it would be so much fun.

    But here is the problem. With single dimension analysis of every situation, we will all be wrong most of the time. Since our childhood, maybe that�s why we were sent to school to get educated so that we could gain the knowledge & wisdom which could help us to apply more than one dimension to every situation and we could gain the ability to evaluate and analyze things around us �intelligently� � in multi-dimension.

    Your single dimension analysis of -ve comments situation is, you don't like them and that's why the entire system HAS to be wrong. You see what I am saying.

    It�s ok to express in the any forum and if you don�t like a forum, as in this case you don�t like reputation system, you have the choice to totally ignore it and not look at it at all. But you chose to look at the reputation system maybe because you continue to be mindful of your reputation on the anonymous forum, but then you continue to complain about the existense of the red dot system. It�s the choice you make. And then you apply single dimension analysis � if you don�t like a comment, there is something wrong with the guy who posted a negative comment and the reputation system and the IV and everyone around us. And because you are not happy, you think it is ok to curse everyone saying that the entire immigration system cannot be fixed because IV has reputation system. You know, I have to tell you, you are pretty good.

    The reason I say all this is, I have fundamental difference with the folks who do not like reputation system but continue to look at it and complain about it, even when they have the choice not to look at the reputation system. The problem doesn�t end there. Every week there is someone complaining about the reputations left for that guy, and I just have an intellectual disagreement with that behavior. And I do not have anything against you or anyone else, I am sure you are a good man with a kind heart.


    Good points Sanju we should weigh the +s and the -s of the rep system, however you are missing the core of the complaints. Which is that people giving reds are usually (though not always) doing it as a personal attack (you suck, F*'s etc.), whereas every green that one receives is usually on subject matter (I have not seen a "you stud"!! kind of +ve reps ;) ).

    Also, what it wrong for people to complain about the system? If people have the right to give reds, why shouldn't the forum be allowed to complain about it? And if the popular opinion is against it, then the system can be dismantled.

    At both ends (the extreme left and the right) it is always "my way or the highway". Neither one recognizes that there are people with different view points, and that everyone should be given an opportunity to air their own views (live a life of their choosing etc.).

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    05-15 02:17 AM


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  • styrum
    12-19 03:48 PM
    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05

    Still his main problem was that the employer had requested a withdrawal of 140 (apparently doesn't matter when it was actually revoked by USCIS) before 485 was pending for 180 days.

    Resume: make sure the petitioning employer doesn't revoke 140 before 485 is pending for 180.
    As far as actually working for them: You don't have to work for the petitioning emplyer since it is for a "future" position. But if you never do and then (after 485 has been pending for 180 days and provided 140 was not revoked) port to another, how do you show you ever had the intent to work for them? The same answer to the same Q10 in the same memo says: "Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate." So what will be your "additional evidence" of your intent if you never worked for the original petitioning employer? Looks like working for the original petitioner (not neccessarily for all the 180 days after 485 was filed but as long as they don't withdraw 140 before 180 days is up) is the main proof of your intent to work for them and their intent to hire you permanently after you have GC.

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  • stuckinmuck
    05-15 11:49 AM
    I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:

    In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.

    Sad to say, Wipro, Infosys and the rest in their flock are no better.


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  • PG75
    09-29 11:33 PM
    Hi folks,

    Need some help.
    During e-filing of AP, certify page has a TITLE field. Any ideas what needs to be filled in it ?
    I am filing I-131 for myself and spouse.


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  • rockstart
    01-15 08:08 AM
    I have sent the letter to WH and cast vote.


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  • ajju
    02-12 08:14 PM
    Just call IRS and they will talk to your employer for your W2. This has happened with me and stupid indian company "Hexaware" shipped it to me overnight past year after I called IRS. Guess what I also got useless call from so called "Big shots" to apologize for the situation and withdraw the complaint.

    Employers cannot hold your W2. If you can prove with paystubs that you could not file tax returns because they refused to provide W2, IRS will get them. I am sure they wouldn't want to get into trouble with uncle sam just because of ego.

    Unfortunately IRS doesn't help.. And employer get benefit of doubt for lost mail :-) But they'll send you a form to fill and submit instead of W2... At least thats what I experienced... I also thought that employer cannot withold W2.. But yes, they can... due to lost mail concept :-) They'd send W2 copy to IRS without fail.. just the mail to employee would be lost...

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  • rajuseattle
    05-12 11:26 AM

    Reality is DREAM act is directly connected to HISPANIC votes for Democrats, EB community doesnt have any VOTING rights, neither they get any support from the folks who are already GC/UScitizenship holders.

    Once people are out of this GC mess, they all start talking about anti immigration and that's the reality, u go to any indian community around and see how much support you have from those folks who have GC/US citizenship.


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  • leo2606
    09-19 08:02 PM

    You think right after the rally USCIS will distribute Green Cards at the union station ticket counter? How stupid you are talking, look at you.Ask yourself the following question.

    1) How did I ask these stupid questions?
    2) Am I contributing/contributed a penny for IV's efforts.

    Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.

    Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...

    Question remains open:

    1. When are they going to increase the GC quota?
    2. When congress id going to do something?

    I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............

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  • nshah1968
    04-03 09:45 AM
    Send fax # 10 and # 11.

    Thanks for all great work.


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  • nefrateedi
    07-19 12:05 PM
    Thanks for the responses. How about this question ?
    Is it out of status if one gets paid from 2 companies with
    2 H1bs , like, If one is on bench but getting paid by that company, starts working with 2nd company on transferred H1b, so it is like double pay for about 2-3 weeks .

    If you're getting paid while you're on bench with Company A, and Company B has transfered your H1, and is paying you as well, that's not a problem. The problem arises if you're on bench and are not getting paid. On H1, one has to be paid even if he/she is on bench.

    Hope this helps answer your question.

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  • fcres
    07-19 02:25 PM
    (3) Note also the USCIS memo that went into effect by mid June:
    This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page).

    Could you please post the correct link? This one is not working. I wanted to check about the initial evidence


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  • glus
    12-28 09:48 PM
    Anyone invoking AC21 with unapproved I-140?

    It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.

    Hope it helps.

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  • mammoy2k
    09-10 12:49 PM
    When I used term misguide, I was reffering to "I-140 Approval". Here is another attempt to clarify:

    If you concurrently filed your application and if it is more than 180 since you filed and your I-140 is not approved yet, then can you use AC21? The answer is yes as per Yates memo. Even though your I-140 is not approved at the time you invoked AC21, USCIS while adjudicating the petition should determine whether the I-140 was approvable at the time of filling? Please read the memo, if you have not done so.

    In nutshell, I-140 approval is not required for invoking AC21, if application was filed concurrently and has been pending for 180 days or more. Attorneys ask you to remain in your job, so as to minimize the risk.

    Kindly see the context of the post and please read the post completely before going ballistic �

    I am not talking about the requirements for concurrent filing. Yes, everybody knows that I-140 and I-485 could be filed together, hence the word �concurrent�.

    However, approved I-140 is required for invoking AC-21 to change employer after 180 days of 485 receipt.

    If you want to change employer without consideration to the salary, be my guest. I am simply trying to relay what I have learnt from discussions with 4 top attorneys in the country. If you have any doubt, speak to an attorney. But you are welcome to do whatever you find is best for you. I have changed employer using AC-21 and simply attempting to provide the information about practical implication/ramifications of AC-21 from my experience and knowing. As always, you are welcome to do whatever you deem fit in your case.

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  • saimrathi
    07-06 03:18 PM
    Are you saying it will now be mentioned in tomorrow's (7/7/07) news telecast? That might be lucky for us then...

    as per NBC our news podcast has been bumped to tommorow as they got breaking news tonight. cannot put affiliations under the name as it might be against their policy.

    08-23 03:26 PM
    Just Thought

    There is 200k application without 140 approval, this is including july filers.

    there is lot of chnace for those who got their I-140 approved, even their PD '2006.

    you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.

    I think EB2-jan2007 and EB3-Aprl2005 in October VB

    - satish

    That is wishful thinking.I know people with more recent priority dates got cleared in june but it will go back to PD system from now on again,how else can they do it.The reason why (to eveyone's surprise) they made everything current was to clear some of these cases which were filed long ago(I-485) but were stuck due to the retrogression.This is obviously not going to happen again for sometime since they now have hundreds of thousands of more cases.

    06-21 11:18 AM
    Isn't concurrent filing still available?

    Yes Concurrent filing available,,, but no premium processing for I140.

    check with your lawyer.


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