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  • desi3933
    06-28 11:37 AM
    However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?

    on what basis?

    You need to show legal ground to file the case. First, read I-9 form.

    From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.

    Why don't put your question in attorney forum?


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  • diptam
    06-27 10:11 AM
    I know - some companies are like that. My company is a chutia, harami desi body shop ... They does it with everyone i believe ...

    Sorry for the words !!

    The VP signed the letter and asked me to let him know when I get green card. He will throw a party to celebrate!

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  • vivache
    03-11 10:37 PM
    I've seen some posts here and people complaining that the GC process has a stranglehold on their lives.

    I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.

    But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
    But at the end of the day it is your life ..
    Simple options are:
    1. Wait .. since there is no other alternative
    2. Push through IV activities .. so that you are involved
    3. Check some other country ..
    4. Go back to India. (not saying in a bad way)

    At the end of the day .. peace of mind is more important.
    The only reason 99% of the people are here is becuase 1$=44.5Rs.
    Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .

    There are always answers.

    I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.

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  • arunkotte
    10-24 05:17 PM
    Lame duck session is conducted with the current members, so the result of elections does not effect lame duck session but The next congress will.


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  • simple1
    05-01 03:14 PM
    exactly, spouse/derivate doesn�t get affected at all (other than a shorter or longer delay, depending on calculations).

    Anyways, regardless EAD/AP or green card the derivate cant leave the country longer time. There will be no diff for her.

    They have no strings attached EAD. Look at ours/primary? Can a programmer-EAD take up Project manager Job? Categorically No.

    If the primary gets greencard earlier both (primary with GC, spouse with open-ead) can work/move any place they want.

    Plus it is fair this way for some primary waiting in the queue and there is no law tying EBdependent with EBquota.

    Again, I am waiting to hear a forum-Attorney or IV-core�s interpretation.

    I support finding the fact...

    Following two concerns were raised but the answers should satisfy....

    1) Spouse may not get EAD/AP?
    The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
    Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
    The document only says that the visa must be used from family quota and not from employment quota.
    How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

    2) Spouse may get GC long after?
    Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

    In any case let the correct rules be followed.

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  • desi3933
    07-10 12:24 AM

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)

    Not a legal advice.


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  • hydboy77
    05-08 04:13 PM
    This is nothing but blatant discrimination. There is always a great fight among Americans about affirmative action. Affirmative action is not reservation quota like in India, its about trying to do something to help minorities. There are no fixed quotas in affirmative action. Even for this there is fierce debate.

    Now we have to make our case to the American public and politicians. Even if a nominal affirmative action can rile up the whole American society from state and local politics all the way to the Supreme Court how discriminating is it for half of million Indians who are tax paying legal workers to get only 7% of the yearly visas. This is outright discrimination. Maybe the framers of the law did not see this situation coming but thats exactly what happened and we should make our case for the removal of the 7% limit. Only then will American dream triumph. Ignore the ROW people (I am not insulting ROW by saying ignores them) obviously they have a good thing going so they will oppose it, ignore them and highlight our plight. we EB immigrants are not diversity immigrants, we came here on h1b or f1 which has no country limits, when we are hired we were hired based on qualifications not based on country of birth so why discriminate in the EB green card visas which are purely for employment purposes. Let’s devise an action plan which highlights our pitiable situation, for example here is my case

    Came to US in 1999,
    Graduated with MS degree
    Living in US for 10 years now and still nowhere near a green card.

    I am not articulate enough to capture our suffering in an essay\letter but we should formalize this and do a campaign like flower campaign or write 100's of thousands of letters and try to get media publicity like during flower campaign to highlight our plight, otherwise nothing will come out of it. I have not seen a single article about the exact reason for the green card delay for Indians. there are only general articles but nothing specific about this 7% limit which is causing this problem. Unless this is exposed Indians will end up in this mess for ever untill we die or are kicked out with endless Employment verification letter, birth certificate rfe etc etc etc.

    The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...

    More... (

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  • nmdial
    11-17 03:22 PM
    All the best!!


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  • guy03062
    05-05 11:22 AM
    Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.

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  • ganguteli
    03-06 04:21 PM
    If you are saying that you want a temporary fix then I am sure a lot of people who are in the initial stages or are on just H1 will not support you. Do not say that it will indirectly help them because line in front will be reduced. They want more greencard numbers and no wait times.

    You are trying to help folks who are near greencard in last stages only. Such narrow aim should be made wider to get more support.


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  • mhb
    07-06 07:50 PM
    Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.
    TSC reached 07/02 @ 10.23pm signed by L. Amrstrong

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  • desi3933
    08-29 10:33 AM
    That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't believe I had been unethical.

    The bottom line, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.

    Any update on your lawsuit?


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  • Pahrump
    12-10 03:46 PM
    Hallo I am new to IV. B'cause I live in DC I will go and visit as many congres and senate or I will certainly visit their office workers. How do U want me to prepare to talk to these ppl? Waht papers do U want me to take along?

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  • anzerraja
    07-20 12:29 AM
    Garika , Thanks !!!

    $100 from me too


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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.

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  • apahilaj
    02-03 07:44 PM
    I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us


    What is your 485 notice date and which state are you residing?


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  • ravish_kaipa
    12-10 01:48 PM
    Hi Proud American
    I just feel so sorry about your understanding of the modern economics. If you think , by asking foreign born workers to go back you can get more access to the so called "wealth" you are talking about , its time you enroll for an Economics 101 . It is your proud America that has long been shouting from the rooftops about the need to have more open borders, facilitate global transfer of knowledge and commodities . Anyway , I dont think I have to even argue with you as you need lots of orientation before I get into a meaningful debate with you . I am happy for one thing thou , that inspite of zealots like you America has had great visionaries in tha past that made this country the only existing super power in the world , else it would have been like another Eastern European country .

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  • getgc2008
    08-25 02:17 PM
    I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance

    Post Decision Activity

    On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.

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  • gcbikari
    11-17 03:34 PM
    Done for GA.

    03-26 12:08 PM
    Hi All,

    just want estimate and plan PD is 16-June-2003 EB3 India. When can my date will current.

    Thank you.

    06-17 10:56 AM
    Pure unadulterated wishful thinking... if I may !

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