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  • reddymjm
    06-03 05:01 PM
    dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B
    Then wait for 180 days to take advantage of AC21.

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  • SFSweta
    09-10 02:43 PM
    So there you have it - no vote on the bill today...

    I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.

    We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...

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  • satysh
    07-16 11:51 PM
    I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........


    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.


    "It is the theory that decides what we can observe."
    Albert Einstein

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  • tabletpc
    12-20 04:24 PM
    I din;t mean to be so funny as you have realzied from my response.

    My comment was just on the other post.

    Having said that let me also say that....everyone one is tensed in some way or the other just realted with immigration. That does not mean we should stop laughing. of course i don't mean to say this at others cost here..!!!!

    As of your situation....based on what i might be issued RFE..jsut be prepared for a right reason..if you have any.


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  • nb_des
    03-17 01:20 PM
    As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....

    Read this story...
    My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.

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  • amitjoey
    02-14 02:11 PM
    Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?

    Everybody stands in one single line not five line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.


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  • delhiguy
    07-09 04:05 PM
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.

    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.

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  • pappu
    05-08 11:58 PM
    I think it is a good idea, just contributed, thanks!

    insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.


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  • sammas
    07-12 05:16 PM
    Where does it say in the bulletin that it will move in the next bulletin?

    QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]

    If you look at my post, I mentioned the word "HOPEFULLY" and also I did not say that it is mentioned in the current bulletin. I was just trying to be OPTIMISTIC.

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  • pappu
    07-24 10:56 AM
    I will try to dig out the actual memo. But this is from the oh law firm page:
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."


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  • neoarch
    12-23 10:24 AM
    Hi all,

    I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.

    I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(

    I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(

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  • immigrant2007
    02-19 12:20 PM
    in case someone has already raised tis point then please pardon my ignorance.
    Not sure if anyone came across this in the same bill, for all those who will benefit by 5 year cluse they will be beneift but at the same time they will be excluded from the annual numerical limitation quota that means PD dates moving rapidly for as early as all who were here on 20-FEB-2004 (if the bill is passed today which we all know wont happen). So I guess not bad in giving it a shot for raising support for it
    BTW did anyone also looked at the exact text
    "It is 5 year of continuous physical presence"
    My question and doubt is how different is it from "5 year of legal presence v/s physical presence". People who didnt go to homeland for vacation are less than 10%.


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  • ak27
    01-22 06:10 PM
    I do not believe anyone has called yet... Please go ahead make calls to sentators. Core memebers were also suggesting that we get in touch with Congressmen/Congresswomen.

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  • nojoke
    09-19 02:33 PM
    nojoke, do you even have a job?
    why on earth are you so worried.

    Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
    btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
    also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.

    And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.

    yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
    economies fail, its how much time it takes to bounce back is what matters.

    I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.

    We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
    These Investment banks has presence in over 50 countries worldwide.

    You can run, but you cannot hide.

    You seem to be in this forum accusing me of discussing in this forum?:mad:Great. Get real. If I talk about the facts, it means I am spreading fear? If I stop talking about it, then the situation will magically go away? Nostradamus? I am saying what is in the news. Looks like you are predicting that everything will be fine and rosy. It is a free country. You want to disagree with me go ahead. Don't tell me not to talk about it.
    Don't be delusional. I will be happy if things work out well for us. And don't think not talking about the problem will some how make it go away.


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  • Lasantha
    07-29 01:04 PM
    I would definitely drink this beer if I can get my hands on it. Hopefully it will give me some brains! :D

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  • alterego
    07-15 10:30 AM

    "and the alien must have intended to undertake the employment, upon adjustment"

    That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
    This answer was speaking to that point.

    A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
    With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.

    Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.


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  • ss2005
    07-11 01:48 PM
    If they want to make money, they no need to say that abt 2 year EAD at all.

    And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.

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    01-17 03:59 PM
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  • refiling 485
    07-18 10:51 PM
    Hi gkdgopi

    Did you call texas office regarding July 2nd application? I have filed my application in texas office and they have recieved it on July 2nd.


    05-23 04:39 PM
    what the f**k ?
    Who taught you this definition idiot?

    Why we dont like gultis ? - eCharcha.Com (

    This link might help you understand the different definitions.

    07-29 03:02 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.