Saturday, June 11, 2011

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  • ujjvalkoul
    01-18 01:24 PM
    Just got email from Buffalo Can Immi Office - Just the Principle applicant needs to take the IELTS test.

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  • justareader
    03-24 04:23 PM
    Mark, That was awesome. Thanks for the effort

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  • akred
    06-01 02:41 AM
    The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?

    3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.

    Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.

    Also, check out the sample points assignments at the end of the fact sheet.

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  • alterego
    04-12 08:39 PM
    Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.

    I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.

    Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.


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  • h1bemployee
    02-25 06:20 PM
    You need to provide more details on bold words from your post. If you really need pointers from IV members.

    in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

    As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)

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  • Dhundhun
    09-21 12:26 AM
    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.

    Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.

    One of the best example of this type of question about an elephant ( Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.

    This is like a question what is project success?
    - For investor/owner, it is money
    - For management, it is successful completion perhaps in time and in budget
    - For engineer, it is promotion, recognition and sometimes rewards

    Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
    - Worst case a guy gets GC just one day before marriage - forcing seperations for years
    - Best case - perhaps freedom from slavery


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  • ganguteli
    06-12 09:52 AM

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

    Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
    You should find another job asap.
    If you cannot, then leave the country. If you overstay you will be illegal.

    And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.

    Read this
    1 in every 100 Americans in jail

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  • EndlessWait
    06-20 12:46 PM
    I believe H1/H4 has nothign to do with I485 application. You can file for her 485. Since she is on h1, you should mention h1 for Adavane parol. Since she has h1 stamped and can travel outside, advance parol is not required now. You can apply for AP any time while 485 is pending.

    and since we are filing for AP now, i'd mention H4 on AP. is it right?


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  • vallabhu
    11-13 04:21 PM
    I receive a confirmation for Address change after submitting online form and which I received some where around that time.

    My EAD and Advance Payrole are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.

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  • chanduv23
    09-04 04:21 PM
    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.

    yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.


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  • drirshad
    04-20 02:59 AM

    Thursday, April 19, 2007
    Crystal ball gazing ........

    Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes �

    Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June time frame. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.

    In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.

    Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.

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  • Raju
    06-13 08:59 AM
    I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.

    My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??


    Yes you can.


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  • guyfromsg
    07-19 05:41 PM
    Thanks for ur reply..anyone else has any input on this??

    From Greg's blog

    >>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<

    You should be fine. You have your choice up until month's end.

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  • fundo14
    10-15 03:30 PM
    Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .

    We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.

    Hope this helps you.

    Thanks mailmy_gc.

    We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.

    As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.

    what was the outcome of your response? everything went well after that, they accepted the response?



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  • chessboard
    12-08 03:14 AM
    congratulation to all winner... especially to winner who use the "stargate" background and put the text only...

    nice contest.....

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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.


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    11-29 02:59 PM
    1. Canadian Consulate General (payable to)
    2. You can pay in both currencies (USD and CAD)
    3. Yes, Buffalo

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  • s_r_e_e
    08-13 02:40 PM
    who is vld rao?

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  • cdeneo
    04-02 10:12 PM
    Related question:

    You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

    Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

    Would like to hear from others of what they think about this?

    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.


    09-20 08:52 AM
    This exact issue is clearly discussed by Mathew Q&A section at He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.


    01-27 02:00 PM
    Here is what my lawyer had typed for AC 21 letter

    Brief description of the job offer with job titile, brief description, and salary.

    A brief explanation of the company

    Inform USCIS that this job is similar to the one applied for GC process and mention about using AC 21 as it has been more than 180 days since 485 was applied.

    Attach copy of I-485 receipt, I-140 approval, EAD

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