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Thursday, June 23, 2011

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  • Canadian_Dream
    09-13 04:02 PM
    I hope my previous post is not taken in any negative sense. I was only expressing my opinion. I believe in what IV is trying to accomplish and I have contributed to the cause. I was only implying my reservations to the fact that SKIL bill will be on some sort of fast track just because we are all waiting for 5 years. I was only saying requesting a small measure will go a long way to help us all, instead of looking for a big pay day from Skill Bill.
    There is a talk of border security bill that could be vehicle for our cause, provided we ask for reasonable measures.

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  • tonyHK12
    03-30 09:02 AM
    thanks dealguy007 and msk for supporting IVs campain for legal immigration

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  • saibaba
    12-02 02:33 PM
    One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.

    He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.

    He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.

    Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?

    I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.

    Looks like he can get paid by the new employer by 1099, is that correct?.
    Also I’m skeptical about using EAD while keeping your H1 with original employer.

    I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?

    Has anybody done this? If so can I know what are the pros and cons?

    If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.

    Can someone pls share your knowledge?


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  • JazzByTheBay
    12-13 04:16 PM
    25K "members", 30K goal, 24 (excuse my French.. ) freakin' days... and once the momentum from this round of lobbying dies down, we're back to square one, with the begging bowl.



    As far as the fund drive is concerned I disagree that without the VB we would have not reached our goal We over 22.5K in 6 days. The VB provided a push but I am sure we could have collected the remaining 7.5K in 24 days.


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  • gc28262
    07-18 09:00 AM
    Paskal, You are right - I do not understand. But mostly I cannot understand because as an organisation - you do not explain. Frankly, all I can do is register my disappointment at both your response and your attitude.While I get it that IV is actively involved in doing things over the years aimed at resolving this issue, I might feel that I could respect and maybe even understand these efforts better if IV kept its website up to date and all members who sign in updated on what's happening.

    I have often seen threads on this site that have members complaining that IV is not doing anything - to which invariably the response is that one should join the donor forum. On the other hand we get newsletters from admin that ask up to tighten our belts etc. - and get more involved. Well, that cannot happen unless IV provides more updated information on what IV is actually doing, veiled references to behind the scenes activity and years of hard work are not enough to involve all those who have signed up here to become 'more involved'.

    As for this discussion going nowhere I could not agree more - you see to have an open discussion or indeed debate - there must be at least 2 willing participants. And since you have already decided that you do not have time for the Qs of a mere non-paying member of this forum, I do not expect any better.

    By the way, the way ahead is not to close doors, but to welcome questions and encourge those on this forum with curiosity to be more active. More often than not, I have seen that those who Q on this forum, are mocked, ignored, and treated as if they are wasting CORE's time. Sad for a forum that hopes to involve a wider audience in this issue.


    As a new user, I would try to understand what IV stands for, What political forces IV is against and have some political wisdom before I start asking IV to disclose everything in a public forum. There are valid reasons why IV is not revealing everything in a public forum. If you are interested in resolving your own GC issues and that of others on this forum, you should not ask IV to disclose all the strategies and thoughts in a public form.

    There are many IV members who are old members of IV who trusts IV core leadership blindly even though we don't know IV strategies or thought process completely. One thing many of us can assure you is that IV core works with best of our interests in mind, they are a bunch of dedicated and smart people who understand how to plan our advocacy effort wisely.

    I would suggest you trust IV core leadership with their advice and directions as it is better for our own interests.

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  • brb2
    02-07 08:54 PM
    Post doc is a position not a US educational qualification and hence not a benefitiary of SKIL bill. The SKIL bill included US Master's and Ph.D's.
    With your US MS you should not have any problem. Would require 3 years work experience to allow one to self adjust. We will need to wait and see what happens when it is introduced again in the new congress.

    I hope USCIS has your thought process. Your thought process means that there is something in SKILL for US MS. I used to think that SKILL is only for non US MS.

    Have you seen SKILL? Does it have anything for US Ph D and Post doc? You can have a US Ph D without US MS and you can be US post doc without US Phd? I wonder if they are SKILLed? Thanks.


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  • gc_for_desi
    04-14 03:00 PM
    I've filed for my 140 with a substitute labor in July of 2007 under EB 3. The labour had a priority date in 2002.

    My company has around 50+ employees and has been doing good from over 12 years. All the employees are being paid as promised from the start.

    I joined the company in Jan of 2006 and was being paid in time and as promised from day 1.

    There was an RFE raised on my 140 filed with substitution with rgrds to Ability to Pay. The proferred wage mentioned in the Labour was 75K and my company had the ability to pay in 2002, 2003 and 2004 based on their financial documents except for the year 2005.

    In 2005 the company started a new division and hired several people, basically they were restructuring their company for the future and there net or gross whatever income was in -ve, They spent a lot of money on training, hiring etc.., which are reflected in their financial documents.

    They were back too good numbers in 2006 and 2007 while i was working for them. In 2006 my W-2 show salary less then the proferred wage in the labour and at that point of time the company nor myself had any idea that we would substitute this X labour for me, But the companies numbers were good to support the difference of amount in 2006.

    In the year 2007, i had a good hike, but was still below the proferred wage but only by 3K, and again the company had enuf finances to support the difference of amount.

    Starting of 2008, i got another good hike and am way above the proferred wage.

    Now the RFE was raised for Ability to pay from 2002 to current date, the current date being March 2008 when the RFE was raised.

    My company submitted all the docs required and for the RFE and also clearly explained the reasons for the numbers being bad in 2005. They submitted my w-2's for 2006, 2007 and salary stubs for Jan and Feb of 2008 along with their tax returns, etc from 2002 to 2007.

    Now the Response has been file on March 28th and am awaiting the decision, has anybody faced any similar situations and what could be the results you guys predict.

    Would the USCIS consider only 2 months of my salary stubs in 2008 to qualify my case as being paid more than the proferred wage or would they scrutinize every other thing....

    Any replies are appreciated.... Thanks

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  • Maverick1
    11-14 12:02 PM
    I don't give a damn who he is, or how strong he is. All I care is me and my family might get mugged by the poison he's spewing, and how to stop him in his tracks. That's enough of a motivation to do my best to stop him.

    That's why I say it - You are the victim. You should care.

    Did I make myself clear!

    So you made the problem statement which every one around here knows. What are your action items for poor souls like me who do not know how to take on, a person with successful TV show , using a placard and a megaphone ? What would be your solution ?


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  • adobe howm
    08-26 12:04 PM
    I dunno about which bank is the best but I guarantee this ICICI does sucks! they act like as if they are ruling NRI. and of course like anyone else we had a very bad experience talking with their home loan dept too. Honestly - If I may say something about this....I can say this with 100% confidence that sooner or later we all will witness their demise. count on it.

    The point is that they cannot JUST do this to us(NRI) or I can say it is we who made their success if they are really. but by the sheer power of community like this - we can definitely teach them a good lesson by just quit banking with ICICI. guess what you will be proud of what you did in the very near future. SBI still IS doing reasonably well and you still can get better rates though.


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  • newbie2020
    05-25 08:18 AM


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  • sledge_hammer
    07-18 12:37 PM

    I didn't know this...

    Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.

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  • SGP
    04-01 01:48 PM
    $$$$$$$$$$$$$$$GOOD AFTERNOON GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    Dear IV Members,

    If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
    As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
    If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.

    For background click here -> Announcement about April 2011 Advocacy Days (
    Contribute to Advocacy Event on the Capitol Hill ( (All one-time contributions will go towards organizing the Advocacy Days event)


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  • msp1976
    02-11 06:50 PM
    visves, Longq, alisa...

    We have a difference of opinion on how the law is interpreted....

    I believe that visves interpretation is correct....But there is always a small chance that longq does followup with a lawsuit, USCIS would budge...

    if longq wants to gather some EB2 India/China and have a crack at suing USCIS as a personal level....( i.e.not using IV's resources).....I guess no one can stop him...I am EB3/India....So that suing does not benefit me anyway...

    The common denominator for all of us is increasing the total numbers......

    If members want to pursue certain things on their own at personal level..I cannot do anything ...after all it is a free country...

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  • walking_dude
    11-21 09:52 AM
    Don't debate. Send the E-mail NOW!

    We can debate in pleasure later. I have created a poll to keep count of how many have responded to our request. So far it's just a handful. Wish IV members were as dedicated as the anti-immigrants at ALIPAC.

    Folks, your silence is killing our cause. Don't fret and fume later when you get the 'Leave Immediately. You application is cancelled' notice. Remember then, you were responsible for you sorry state due to your silly inexcusable inaction.

    It's useless to discuss with bigots at ALIPAC. They don't want to understand us!. Why do you think they didn't link to our website? There's so much you can do to those who run away from the truth, and hide their heads in the sand like an ostrich.

    When we cannot make the 'Great Egoists' of the anti-IV immigrant crowd to see reason for a cause that benefits them, what chances we have with bigots who have a vested interest in opposing us?

    I am still debating whether to call in or to write - but I will definitely do one of the two. I just read the other thread linked to by 'internet' above & thought I would say a couple of things to the losers at alipac who worship racists like tancredo and lou:


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  • bugsbunny
    04-05 04:29 PM
    @krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

    @PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

    @apaul thanks for your analysis paul it helps me understading the situation even more.

    to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

    Thanks to all those who have given me intelligent advise

    Next time someone says they cannot reply to your emails...record the phone conversation :)

    Unfortunately there will be others who will also make these mistakes....but tell us who the company is and spread awareness in the area you come maybe others can be spared

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  • grupak
    06-13 12:45 PM

    2. I have told this before but would like to repeat now... I don't contribute because there is nothing for CP filers here. VISA recapturing is the only effort that would benefit CP filers but anyway the chances of that bill passing is close to 0.

    In my opinion, the biggest sufferers are people in EB3 India or China and who have opted for CP (now guys, don't start lecturing on CP vs. 485. We have heard it enough).

    willwin I understand from your posts that being in CP with retro dates is very tough. No point in trying to compare whose situation is tougher.

    We have a few bills that will help everyone. Instead of getting disheartened, follow you handle and participate in IV efforts.

    The way I see it, if we take action, chance for success increases no matter how minuscule it might seem.


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  • waitnwatch
    04-26 03:14 PM
    Please click on the "Contribute Now" tab at the top of the page and follow on from there. It will automatically take you to the Paypal link for contribution. Thanks in advance for contributing.

    How do i do it?
    Give me the paypal email id to send money to.

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  • pappu
    04-28 10:09 AM
    One more point:

    Know when your GC and passport expires so that you can renew it. :)

    Getting a GC does not mean you can ignore all your immigration issues.

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  • glus
    07-11 07:46 AM
    If they have to log this information then they may encash the cheque for this work. :eek: :eek:

    USCIS can't cash the checks. A check submitted with AnY application can only be cashed if and when the agency decides that the application can be accepted and processed(initial processing.)


    04-22 05:19 PM
    Well per=country limit is part of the iNS law. So its legal.
    From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
    INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
    So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
    A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
    And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.

    1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
    2. The last para is just your OPINION, so I let it pass

    3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point

    01-28 05:15 PM
    Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?

    Here is the pdf link again ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf

    I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.

    Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.

    Just harping "illegal memo" does not change anything.

    Not a legal advice.

    Referring to the document.

    1. AAO is under USCIS ( I assume )
    2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.

    Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.

    Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.

    Anyways let us wait and see.

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