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  • dc2007
    12-17 12:57 PM
    1. Good health (which we often take for granted)

    2. US born kids (at least they are citizens, if that's important to you)

    Not married no kids
    3. US education (a different experience for sure)

    No us education

    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)

    No savings no big salary
    5. Good work experience (this is transferable and more or less ensures a decent future)

    Yeah just started career
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    Dont know about that

    Been herr from 7 years..


    What are you doing for 7 years in US if you have not studied here and just started career ? or I have mis-understood what you said above?

    But to me if you are not saving some money while in US, its not worth it staying here, away from family/friends.

    Good Luck

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  • sankap
    07-10 04:43 PM
    No, I've not "come down from legal standpoint to employer standpoint!" Your assumptions/inferences are based on generalizations. All I meant was there are many perspectives/interpretations for "permanent." Yes, if you're an H1B on a FT job, there are high chances are that the employer thinks that's a "FT and permanent" position--even though GC is filed for future job. Why don't you ask your employer that question when you were/are on H1B, pre/post-I-140 petition? That is, were/are you working there as a temp or "perm?" on H-1B? And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?

    Now you have come down from legal standpoint to employer standpoint! :D

    The answer to your question is No.
    Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.

    Again, you are mixing H-1B job with GC job.

    Let me ask that question again (because you got confused last time)
    Look at the I-140 application for GC (Page 2, Part 6, Question 5)

    I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"

    Did your attorney put No for this question for your I-140 app?

    You still believe that no job is permanent. If so, all I can say, more power to you.

    Have a good day!

    US citizen of Indian origin

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  • sparklinks
    09-02 06:36 PM
    Try to call them or you may write a letter to them. I really hope and pray you get your EAD card soon. I also had applied in June and received few days ago. Good Luck.
    Thanks buddy! I opened SR, I opened expedite process.....made so many calls but no use. :(

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  • a2006
    05-02 01:57 PM
    The derivative files using primary's PD. read all posts in this thread, the I485 form and INA. it is clearly in the law.

    This thread is discussing about quota. not PD.

    In essence none will be affected ( ofcourse EBdependents and existing FB2A may get delayed slightly , that is ok)
    Ok, I am still trying to figure out what you said about non retrogressed countries/EB1. A person in EB1 files for labor and gets approved in a year. Suppose he has a priority date of 08, his dependents will have to wait for at least 4 years according to the current bulletin for Family 2A. Am I missing something here?


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  • samrat_bhargava_vihari
    06-13 09:50 AM
    Hi any body got FP notice with your receipt notice?

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  • diptam
    06-26 03:53 PM
    Good/Bad watever kind of lawyers i deploy they will be costly - but can they win such cases - Do you know of ??

    You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.

    Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).


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  • lutherpraveen
    10-16 09:25 AM
    Earlier only two of my I-485 checks were cashed, now all my checks (EAD, FP, AP, I-485) for my dependants and me got cashed.
    Will keep you guys updated on the progress.

    Since these cases are seeing daylight, I have question about FP. Anyone who has got FP (only for cases if RN received after 9th oct )?

    I am planning to travel in November hence worried. If you know approx FP dates please let me know.

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  • priti8888
    10-08 08:25 PM
    All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.


    You're kidding me...How is your suggestion more efficient..????
    So they should keep sorting and moving visa numbers from one application to another based on PD.??
    if thats the case they would have to wait to give GC on the very last day of the year...


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  • GCSeekerCT
    05-11 07:35 PM
    Vivek Ahuja, you and afew others are able to see the light of the day, and not have been blinded by false facade of the Obama administration. THis is a far far left amdnistration, which will never do anything to incourage Skilled immigrant population, because they need dumb masses to follow them like a herd of cattle...

    While I agree with your statement, isn't that the goal/view of probably most ruling parties ?

    they either will think we are too dumb to understand, or they actually way too smart in manipulating/tweaking/influencing the masses.

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  • gcseeker2002
    07-05 12:09 PM
    my 485 also reached Nebraska on July 2nd at 9:01 am
    by FEDEX.

    Is my boat Sinking or floating
    All boats have been sunk by the USCIS torpedo , one massive torpedo that sank 300000 boats to the bottom of the ocean, some even below that


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  • mgautam
    07-03 10:04 AM
    This is a superb idea. I am game for it. Someone in the DC Area will also need to coordiante press releases to media so there is coverage for this.

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  • pointlesswait
    04-21 09:27 AM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)


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  • 53885
    05-24 01:09 PM
    I guess I am the only one on this thread.

    I guess many are still focussed on evaluating MBS, discussing CIR draft.....
    instead of taking any action.

    Sent emails to 20 more, for a total of 50.

    I sent emails to 10 more senators.

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  • aquarianf
    04-23 12:21 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.

    If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.

    Also can you get in writing from you current employer that they will support you in case of law suite?


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  • abhis0
    08-21 11:00 AM
    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...

    Why do you have this hunch?
    It seems like all the LUDs on approved I140 from Texas for July filers is pointing towards their I485 being sent to Texas too. Hence, this unimaginable prolonged delay. Can we do anything about it except sulk?

    Let it run its course.

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  • nrk
    02-04 11:22 AM
    Hi Guys,
    I came to know that if there is a significant increase in the new salary compared to old labor salary, the chances of getting a query is more.

    Let us assume that if you old labor salary is X and if you want to take up a new job with X + 30% or more the chances for USCIS query is more.
    If the salary increases between the jobs is 10% there should not be any issue.

    Of course, these words are not from an attorney, i talked to a senior guy who is in this profession.

    Before you are planning to use AC 21, please consult with attroney first and they only accept the new job.


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  • Macaca
    07-09 12:01 PM
    � 245.1 Eligibility.
    (a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.

    Condi and USCIS are saying the above.

    Now lets see how the above LAW was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.

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  • gc28262
    06-28 10:48 AM

    I am not trying to make an argument here. I am saying what I am seeing in law.

    Security Clearance.
    I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.

    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.


    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.

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  • atlfp
    05-05 10:36 PM
    He introduced the bill because he knows the problem very well. So we don't really need to flood him to push him (to thank him makes sense). The focus should be try to get other Senators onboard.

    keep pressure on Cronyn to put it on debate by contacting him by fone or fax

    10-25 04:38 PM
    Most likely the majority of Americans have immigration roots from somewhere, like anybody else. I don't think that would be a compelling argument though. The US allows 1+ million to immigrate here every year.

    Rbharol, what really messed up for us is the high influx of illegal aliens. We, the Employment Base greencard applicants represent a small group. We used to be respected few years ago. We are not visible at all, even when we get stuck. It is understandable that the illegal aliens abused the system and we are paying the price for it. I am sorry but that is true. People generalized and we are now in the middle of this mess. It happens that after I posted this, I found the article below which reinforces my sad perception:

    Does the Workplace Welcome Differ?

    Are Americans more welcoming to Asian immigrants than to Hispanics/Latinos? C.N. Le, who directs the Asian American Studies Program at the University of Massachusetts, calls it "a complicated issue." She thinks that "Americans in general are becoming slightly less welcoming to immigrants in general. Part of it has to do with illegal immigration, but it spills over and affects legal immigrants too. There is always workplace tension between those who gets jobs, and those who get left out."

    Talk about this article and get advice on the Diversity at Work message board.

    Can somebody ask these people (who are opposing immigration), how many of them are kids, grandkids or grand-grand kids of immigrants themselves?

    Will they conduct a poll on it?

    04-30 09:54 AM

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