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  • arrarrgee
    07-17 12:25 PM
    As someone mentioned on the other popst..DREAM ACT is for the children of illegal immigrants...not for the legal ones...

    Yeah, we have to focus on long term relief. Getting AP and EAD is not a long term solution. I was hoping 'capturing unused numbers' or something better would happen with this July fiasco fix, does not seem to be happening now.

    Hopefully this DREAM act will trigger more amendments like 'no limits on STEM EB visas' to get into pending bills...

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  • SFSweta
    08-18 02:38 PM
    Hi everyone,
    I just called everyone on the list.

    The one thing I felt once my part was done was my sense of accomplishment - I helped - in the smallest way possible. Trust me - while I consider myself blessed when I read some of our members' story - I still feel like my battle to reaching this point is very poignant.

    Call - feel good on a Monday (which usually is SUCH the worst day ever of the week for me:).

    Thanks for your help with this and all the best with your greencard application...


    PD: July 2006
    RD: July 2nd 2007
    ND: August 10 2007
    I140 Approved March 2007
    I485 - LUD Aug 31 2007

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  • bigboy007
    07-18 02:30 PM
    Anybody has this situation?

    My case was sent by my attorney June 29th (current July bulletin) USPS certified mail.

    As per USPS online tracking record it was delivered July 2nd 12.45 PM.

    No receipt yet. So far sounds okay.

    But I got the copy of actual delivery receipt stamped by F.Heinauer (Director NSC USCIS) with the date 062907.

    It is a stamp so some of their employee clearly has stamped it.

    Now I am confused if that’s the receipt date they are going to go with and may reject the application.

    And with this many application it may take more than AUG 17th to receive anything back.

    I am very sure it was reached on July 2nd. It was only sent June 29th afternoon.

    And USPS is telling there is no delivery can reach so fast. According to USPS the guy who might have stamped the delivery did not changed the stamp date from 0629 to 0702 since it was a weekend.

    Anybody in the same situation? Any advice?

    To my best knowledge only thing that counts is date of delivery : For all July bulletin , the receipt delivery date shud be July 2 + , i believe anything received before this date will be considered cases whose dates are not current.

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  • needhelp!
    11-27 06:52 PM


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  • absaarkhan
    08-20 01:17 PM
    My Situation is Similar to Yours.
    So it looks like you were able to GET H1 TRANSFER / EXTENSION
    With Another Employer, Even After Entering US on Advance Parole.

    I have a few Questions for you I would appreciate if you can please answer them :

    1. When you Applied for H1B Transfer in Permium Processing, which I-94 #
    did you gave to USCIS.
    2. What did u or Attroney answered for Last Manner of Entry Question
    3. Are you within the 6 Years limit for H1B or beyond i.e. using I-140 Approval.
    4. Did u get any RFE for your H1B after using AP.

    Please let me know.

    Good job laying out all usecases "add78".

    In my case, I travelled back on AP as my visa extension stamping went pending in Mumbai consulate. Came back here with my I-94 indicating "Parolee" as my new status.
    Within 2 weeks, I changed employer as per AC21, they filed for my H1 transfer(premium processing) via Murthy Law Firm. I received a new I94 which put me back in the H1B status. During this 2-3 weeks I was in the US as a parolee I did NOT use the EAD, because you don't have to.
    Interestingly after 3 months of my visa application at Mumbai consulate (2 months after I reached US) I received an email from them asking me to submit my passport for stamping. Its unbelievable that they think applicants would still be waiting in India for 3 months and that their employers would still be interested in keeping them, but I guess after all this ordeal I realised, they just don't care.

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  • Maverick1
    11-09 03:54 PM
    I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.

    I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.

    We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)

    I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.

    One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).

    1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?

    2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.

    3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.

    4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)

    5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.

    I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).

    I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.

    Your 2 cents please !!!!


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  • Jaime
    03-20 02:14 PM
    Hey guys, thanks for the replies and the good advice, which helps a lot. It's true that prevailing wage for H1b and CG are different, so I don't think my employer is breaking the least not yet. (Logiclife, what do you think? Wouldn't the attorney had told them that they are breaking the law?) It's just a hard reality check to realize that all the "we care about our employees" is just a smoke screen.

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  • vsrinir
    09-17 10:32 AM





    I guess the markup session starts at 10:15 am. Whoever is watching this live, please post the update here in this thread.



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  • GC_1000Watt
    01-09 12:18 AM
    This shows that the backlog is more than the numbers on USCIS website. People need to stop wasting time on tracking and spend time in their office work. Backlog means more business money for lawyers and trackers. IV is very small. Unless IV had hundreds of thousands of members, they cannot do lobbying like AILA or Microsoft. EB3 India and now EB3ROW is in a pitiable state. All those EB3ROW who used to be happy will now see the reality. Thank god I ported to EB2 but the dates for EB2 do not move enough. I think anyone who can should port to EB2 ASAP. This is the only solution.

    You're right. No offence but no authority seems to be listening to IV suggestions. I agree that people at IV are doing great job, but the problem is nobody is listening. They just don't care. And this think will go on & on. I remember s'body suggesting hunger strike and at that point of time I thought that won't work. But now it seems we have to go extreme and do hunger strike and stuff to pressurize this crappy system.
    EB3 people don't think I am being selfish here. The truth is we have to work unitely and pressurize for visa recapture. That will be beneficial for e'body.
    Lets target the 'Asses' asking for a kick. Let's all kick ass.

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  • SunnySurya
    06-11 09:42 AM
    It is a very complicated case, I don't think any one on this forum is qualified to answer your questions, but the incident is indeed a tragic one.

    I don't think your GC will be affected though as it is a civil and not a criminal case.

    Thanks guys for the moral support and quick responses.

    More details are as follows:

    1. This accident occurred in 18 months back in CA
    2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
    3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
    4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

    So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
    All this happened within in mins or secs, I would say

    --> --> --> --> --> --> --> -->
    Myself car1 car2 car3 car4 car5 car6 car7

    In the above pictorial representation,
    a) car 1 hit car2 which in turn hit car3 (1st impact)
    b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

    I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

    Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

    BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

    As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

    So they are claiming the following:
    3 milliion for : other damages(emotional etc.....)
    200,0000 for: future treatment
    50,000 for: lost wages

    Thats is what the story of my life :(

    Hope this gives u more details to provide me with more suggestions.


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  • days_go_by
    01-31 01:30 PM
    Those who are celebrating .. consider this.. your employer decides for any reason to not continue filing I-140 or decides to let you go in 6th yr.. earlier you used to have at least possibility of sub labor.. now you are basically straight out of luck.. Also if microsoft needed some genius from China or India to join their team and the guy obviously deserves special consideration due to business need and/or his talent.. they are stuck..! It's not good.. yes desi folks were selling and buying these but remedy is worse than the defect.. they could have made changes to rules to make it stringent and almost impossible to get but no reason to place such arbitraty deadlines etc.. if H1B and GC is geared towards desi consulting.. it's should not and will not exist in the long run..
    Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..

    that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
    How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
    It is an unfair practice and should have been stopped long time back.
    It's never too late though.
    Selling labors became the business model of manyof these companies.
    Are they doing anything illegal? NO.
    Are they doing something ethical? NO
    So, the law has to change to give everyone a fair chance.

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  • pappu
    09-29 01:50 PM
    I recently saw one case where an H1B application was reopened. The LUD was updated even after being approved more than a year ago. The reason was that the company had applied for an L1 visa for another applicant and the case received an RFE and all other immigration cases of the company came under review. The new L1 visa case was denied but the old H1B approval for another applicant did not get any denial or RFE. So make sure you work for a good company and have a clean immigration case, else there are some scares along the way.Thanks Pappu.

    I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.

    As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.

    But an H1 which was approved an year ago, I have'nt heard of anysuch thing.

    There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....

    Lets see what the notice says..and I will update everyone of the findings...


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  • Green.Tech
    06-17 04:12 PM
    Please don't get bogged down by whether the bills will help an individual category. Everyone involved in EB GC process will be in a good position once these bills pass. So, please participate in IV's phone and funding campaigns.


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  • grinch
    06-03 07:30 AM
    It might be 'sweet' but I explained in my post above yours. I didnt ask for modifications, I asked for 'skins'.
    Meh it's still a skin :evil2:


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  • sayantan76
    05-23 10:18 PM
    one of the reasons we have not succeeded is precisely because folks want to use their own "intellect" and not do what "IV" needs when it really needs you.
    we do all of the above and more. if you like something more than the other that's perfectly fine and dandy. but if we can't collect a critical mass for an action, we lose effectiveness and shoot ourselves in the foot.
    in a group this large you simply have to help the commom action and agenda for success. each opinion is important but at the end of the day the common action must be done by all, as far as possible.
    paskal - i actually agree with your basic premise.....once the larger body agrees on a basic vision and strategic plan - the tactical manuevers to achieve the vision in line with strategy should be left to leaders.......

    but this principle generally works in two scenarios - either when the leader (or lead group) is appointed by a higher authority (like employees following the lead of a CEO appointed by board of directors which in turn has been "elected" by shareholders) or when the leader has been directly or indirectly elected by the constituents.......

    Let me give an entrepreneur starts a company with a great idea.....grows it and nurtures it with great love and passion......dedicates his whole life to the idea and the venture.......then the entrepreneur needs a larger canvas and more money to grow the vision further.......he takes the company public or gets private equity funding or raises the new owners/ stakeholders decide they need to change the management and decide to elect a person of their own choice........suddenly a rank outsider replaces the entrepreneur as CEO........the new CEO now has the legitimacy and owners' backing to dictate how the company should function.....

    I welcome red dots but take a moment to absorb what I am saying and whether the principle is wrong......

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  • GCwaitforever
    06-08 01:42 PM
    The US constitution guarantees the basic rights enshrined within it to all within its borders irrespective of nationality or immigration status. The claim that the undocumented do not have rights is one propagated by Lou Dobbs and other anti-immigrationists. This is why it is possible for an undocumented worker to file a discrimination complaint with the EEOC and win for example.

    You have to see my quote from the context of immigration. I never said illegal immigrants do not have any rights. Human rights are across the board. Every nation must follow these standards. Illegal immigrants can not sneak into a country and then demand that they should be given citizenship.

    Regarding undocumented workers filing with EEOC, please quote me few cases like that. I doubt if it is ever possible. In my personal opinion, when such workers are subject to deportation when found, where is the foundation in that case? Are you suggesting that non-citizens can apply for jobs in defence and aviation and complain to EEOC if rejected?

    I read few articles about (undocumented) women being exploited by the employers and USCIS/DOL treated these women as victims. That angle was more of human trafficking, not employee-employer relations.


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  • Macaca
    11-19 11:52 AM
    Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".

    Lou Dobbs Tonight 03/28/2007 ( "It's pretty remarkable. Four hundred thousand H1 visas each year."
    From How many H-1B visa workers? Counts vary ( VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien ( or (415) 298-0207) | Mercury News, 07/15/2007

    The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
    From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (

    Page 5: Number of H1B petitions approved for initial employment is 116,927. The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker.

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  • AmericanDreamZ
    07-12 02:27 PM
    I think that is what they will do in order not to look like fools.
    the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
    Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!

    The thing is I am sure most people here will not have a problem with paying the new higher fees. Infact it might turn out to be cheaper in the long run, cause as I understand it the new fee structure has the EAD and AP fees built in for a one time payment instead of yearly renewals. Like I said this is my understanding.

    If this is the case we will be better off with new fees, cause even if they do decide to accept the 485's there is no way the approvals are coming anytime in the near future. I am sure if they do accept the 485's the dates will retrogress to the stone ages. So we can avail free renewals of EAD's and AP's till then.

    But when i think about this again, If they do decide to go charge the new fees for all applications in July then wouldn't it put them in a worse situation, as it would become all too obvious that all this flip - flop was just so that could earn more money.


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  • sundar99
    02-22 10:00 AM
    Hi Sobers,

    Outstanding efforts. Also, not sure if you all agree ? if we get the NASCOM email id for karnik, perhaps we shud emphasise the SOCIAL SEC contribution made by us so that, they do not forget us at the last minute, since H1 issues will be followed up more religiously.

    Should we send out emails to karnik and crowd ?

    06-12 06:58 PM
    you are asking for EB2 guys in 2004,2005,2006,2007 to wait for EB-3 guys in 2001,2002,2003,2004. Point is well taken. Its a humane way of handling things.

    Perhaps they should not make EB1 current, let them wait a year or two while 2004 EB2 and 2001 EB3 get their green cards.

    Ask this question to yourself. If you were an EB2 person with 2004 priority with a spouse and kid, Would you be willing to wait few more years to get your green cards so that a 2001 EB-3 shall get his faster and may not care /appreciate your sacrifice?

    Your position helps yourself and nobody else. I dont have any problems 2001 EB3s getting approved before 2004 EB2's. Thats the way it should be, but not at the expense of EB2's. Feeling of entitlement is not adequate justification. USCIS has established a way to convert to EB2 status, if you have sufficient experience. You can certainly try that option.

    I just spoke my mind, dont care if i get red dots or not. Apperantly people here are way too sensitive to an opposite point of view.

    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.

    07-12 10:00 PM
    This is the press release prepared with help from the Core. Please send it out to your friends, journalists and other contacts.

    Best of Luck for the rally.

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