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  • vin13
    11-12 03:26 PM

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.

    Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.

    I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.

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  • h1techSlave
    02-04 12:07 PM
    Mirage, thanks a ton for taking this up and for amc for providing some very thoughtful analysis on the whole thing. I also appreciate the very critical comments from folks like senthil et. el. It is nice that you guys are criticizing the efforts right now so that we can tackle those issues and move forward.

    I am seeing enough enthusiasm for this effort. Let us move forward with this.

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  • imh1b
    03-12 02:47 PM
    Kumar123 is either a woman in late 30s not able to get married and thus so bitchy. Or a man who is frustrated in life, dominated by his woman and so taking it out on IV.:D:D

    Chill man. !
    At least you are EB2. Think about people in EB3.

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  • hsm2007
    09-20 07:37 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)


    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



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  • satyasrd
    09-09 02:10 PM
    Almost everyone I know these days applies in the EB2 category. If the gates open and EB2 is made current, I think it's in the best interest for EB3 to pack their bags and go home.

    Just my 2 cents

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  • zuhail
    03-10 03:58 PM
    I never supported the Idea of sending pizza, Burger or Briyani to anyone. If you are not aware, last year there was a bill introduced by congresswoman Loe. There was a huge outcry and number USA used that very effectively and that bill never took off.

    This is the best option but this is not the right time when the un employment rate is 8.1 percent. Read the other thread about removing country cap issue. The core is not supporting that also because of the current market and economy situation.

    All our applications are based on our Employment-- We are already employed and filed our petitions for legal permanent residency. How on earth would that affect the un-employment rate? We would continue to work in jobs in US until our I-485 gets approved. Just because delaying our approvals does not increase/decrease the un-employment rate. I am fully aware of the legislations introduced by the Congresswoman Zoe Lofgren. There were too many legislative bills in her agenda.

    We would succeed if we just focus a single item-- Visa Recapturing and NO other business.

    By the way Mr.snathan, are you an administrative member of the IV team?.


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  • bobzibub
    03-18 10:45 PM
    Nixstor did explained his actions and I concur... Controversial handles should be banned... Handle "TALIBAN" was banned and same member opened new handle "TAWLIBANN" saying his name is Tawlibann Foggs...

    Anyway we should close this issue.. I do find tawlibann's posts decent and non-offensive.. Only thing is we need to practice some respect to the communitity when chosing a handle... Its just not this.. there could be potentially other offensive handles.. So I'd say there should be a step/check in registration process to monitor/regulate handles... You won't like any handle offending your religious beliefs, dis-respecting your nation or humanity itself...

    Just my 2 cents... We should stop this discussion and focus on immigration issues...


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  • apb
    08-16 01:04 PM
    Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.


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  • go_guy123
    08-02 11:02 PM
    If you only joined the company for a green card, then what were you doing all these years when your employer kept your documents and did not file. Why didn't you quit the job....If not more, you are to be equally blamed for the situation you are currently in....I understand your frustration, take a deep breath and move on.....Good luck....

    Very true. One needs to be rational and take charge of one's destiny. Skilled based immigration is close to over now. The sooner one realises this, the less painfaul it will become. Yes I do agree it would be better if they make it more explicit like they do in the middle east.

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  • chetanjumani
    03-13 12:10 PM
    Thank You Googler, EB2 India in April is Dec 2003. Hopefully the logic to arrive at this is what you got to know from your Call with DHS employee.

    Hopefully all EB immigrants would be treated equally irrespective of their place of birth.


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  • ArkBird
    12-15 06:01 PM
    I may be little out of touch but I don't understand why DOL won't give EB2 classification to IT Positions?

    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

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  • srkamath
    07-13 02:31 PM
    It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.

    NO it won't !:);)


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  • Indirant
    02-01 08:15 PM
    I will be dialing in.

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  • pappu
    05-07 12:27 AM
    cool down...I did pay for that effort, I am not a member of donor forum though..

    If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.

    We have added everyone that contributed. Sometimes there is a delay of a couple of days.


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  • singhsa3
    03-03 04:22 PM
    That is option # 2
    How about another option for people who are going to buy shortly even though their GC approval is far far away?

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  • StarSun
    03-15 09:04 AM
    VA, MD, DC members please contact sukhwinderd for hosting members.

    Members who have air miles to donate, please do so now - contact vin13.

    Many members from the west side are requesting for such options.


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  • saketkapur
    11-11 02:12 PM
    Compete America Congratulates President-Elect Obama

    Last update: 4:31 p.m. EST Nov. 5, 2008

    WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees

    Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.

    "We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."

    Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.

    Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:

    Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:

    Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
    Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
    Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
    Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.

    For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.

    Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.

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  • nonimmi
    03-07 04:11 PM
    If AOS takes 3-4 years (read long time) USCIS will issue RFE (for EVL) anyway to re-confirm job offer - even if we dont use AC21 and change employer. That is standard procedure. So sending them employer change notification is not going to help us anyway. And if we change job multiple time during this 3-4 years sending them letters everytime may cause more RFE. But it is always better to have EVL with us if we change employer using AC21 and send them when asked.

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  • Jai_MD
    06-10 06:23 PM
    done and request fellow members who are on the sidelines to do the same!

    03-12 09:59 AM
    Priyah Dosto,
    Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.

    believe me I laughed for 2-3 minutes after reading your comment. Keep it up.:D

    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.

    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)