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  • scorpion00
    04-17 05:57 PM
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  • BharatPremi
    10-25 10:37 AM

    Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?

    Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.

    1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
    his signature). Now if his file is in BEC this would not have happened so it is
    safe to assume that either he might have used substitution labor OR his file
    is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
    period there were lot many software glitches in the PERM system so many
    lawyers were almost hesitant to file under PERM. But assuming that his
    lawyer took decision to file under PERM, end to end process was almost 4
    months for PERM so either his file was reached before Feb 06 then only he
    could have labor approval in May 06. So there is definately something
    wrong there.

    2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
    (His signature)?

    Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.

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  • somegchuh
    05-14 12:55 PM
    I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs.

    That having been said, this highlights a very important aspect of the american society (or rather any culture) in general. You can become a US citizen but unless you are a european (read caucasian) immigrant you will become a hyphenated american. You can spend all your life in US and you will still be referred to as Indo-American/Asian-American at various points in your life. Some of it will be generic comments, some of it will be racist. Infact, you will always face more harassment from your fellow countrymen (e.g. desi consulting/desi manager) in US than from americans. An industrialist from Punjab visiting US gave me a fine example of this. He said, we employ 75% labor from UP/Bihar because they are cheaper and subservient. We make one of them the foreman and he's the one responsible for getting the work done. The same thing happens in US, the first line managers are Indians and so are the tech employees. [Off course, some of the Indians have risen to great positions on the corporate ladder and that is a testimony to both their abiliity and the general open-mindedness of american people.]

    The choice is yours. Do you want to enjoy the wealth of this great country and tolerate occassional racism or do you want to be in your own land and be not as well off?

    On a lighter note, as far as curry smell is concerned, I have heard goray complain about curries, Indians complain about how chinese ppl stink up the kitchen when they heat food. None of the smells are offensive, ppl just aren't used to those smells.

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  • mpadapa
    10-11 09:32 AM


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  • styrum
    02-08 04:12 PM
    I filed an apeal for my first PERM too and preparing to file another one (through another company - you can't file another PERM via the same company while your first PERM is in appeal). Your's is there for longer than mine. I heard 4 to 6 months would be the time. Please let us know when and how yours is resolved.

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  • sunny1000
    07-09 02:57 PM
    Aaj nahin uthogey toh kab uthogey....
    If not today, when shall you wake up????


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  • rockstart
    03-19 02:43 PM
    As per my understanding there is nothing much USCIS can do in terms of creating laws since that is what only Congress can do. Only thing that CIS can do is efficiently use the 140K visa numbers allocated. So the only issue for backlogged folks is how CIS uses the spill over numbers. Till 2007 these visa numbers went to EB3 but we still see that Eb3 is struck in 2001 levels. Where as just one year of giving it to EB2 moved them to 2006 and then brought back to 2004 levels. I feel the only help of EB3 is recapture of visa # or removal of country limits anything else will fall short of any help needed.

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  • immig4me
    05-11 11:50 AM
    I filled out the registration form. I would like to donate in addition to participating on the event days. How would I go about doing this? I want the donation to go this specific event. Appreciate a response. Thanks.


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  • mbawa2574
    07-21 12:32 PM
    Are they not supposed to make sure that they have enough senators on their side to pass this bill. Whatever we have won till this point is due to the efforts of core team and people who come to this website using media/campaigns. I have not seen results of any lobbying efforts by this lobbying firm. Am I wrong somewhere ?

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  • getgreensoon1
    05-06 09:33 AM
    Come on.. we are not talking about hiring.. No company is waiting in line to hire anybody coming out from Aspen University with Masters Degree.

    What we are talking here is whether One holding 3 yr bachelors Degree from India be eligible to apply under EB-2 category after completing Masters Degree from an accredited university.

    If the PERM Job description says " Masters Degree"

    GO home and stand in front of a mirror and ask yourself if your 3 year degree and a masters bought for 4k will get you a greencard in eb2.


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  • desi3933
    06-25 10:24 AM
    Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    >> Must an H-1B alien be working at all times?
    No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.

    Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.

    Not a legal advice
    desi3933 at

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  • mdmd10
    08-18 11:43 PM
    This guy Beck is such a joke!

    All we need is someone like him who goes around bullsh**g by making up some scare story and playing the media.


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  • apnair2002
    04-13 12:30 PM
    Please signed up for recurring contribution....

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  • Berkeleybee
    04-27 11:40 AM
    Hi BerkleyBee

    I totally understand that reporters may skew facts to their specific needs and know first hand that the EB-3 category is retrogressed across all nationalities. I am one of your members that is not from either background mentioned.

    I was responding to a post on this forum (and not the press in general) that implied that this issue affects people from specific ethnic backgrounds, which is false.

    I do have a general issue that people seem to forget that.

    I applaud all core member efforts, however negative this post seems.



    It is good to remind people about the facts every once in a while. :) Especially when they are carried away by the force of their own rhetoric. We always appreciate members doing that -- I just wanted to clarify that IV understands your point perfectly.



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  • rkg000
    08-26 06:22 PM
    regarding FP, there are cases where no FP notice came after July 2007 filing, like mine, thats more than 15 months. And recenlty my friend's wife who applied as his dependent got FP notice, but he didn't. He's july 2007 filer too. So, not sure if FP notice really means anything.

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  • WithoutGCAmigo
    06-18 12:11 PM
    So looks like only the renewal will have a delay. First-timers won't face much difficulties.

    my point is if dates retrogress and if processing EAD's and AP's takes a long time getting a EAD might be easy in the first 60-90 days but renewals will become more difficult.

    its ok for folks that are within their 6 yrs of H1b but for others it will be a big head ache. As someone already mentioned earlier, you might have to apply for your renewal EAD the day after you get your 1st EAD and so on.


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  • gunsnkars
    07-19 02:05 PM
    // you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //

    Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.

    If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.

    What say ???

    "you can apply and get your EAD and use it" what does that mean???your wife can still change her status after coming here on H-4 irrespective of whether you have applied/not applied your 485. EAD is of no use to you coz u r already working...It is only of good use if your wife can work!!!

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  • qplearn
    10-10 03:47 PM
    it might seem like eb2 has moved.. and it has from last month...but this is where we were at in april 2006 (may2006 bulletin -1st jan 2003) before the dates stagnated for a cupl of months, became unavailable and finally moved backwards in october.

    so basically no movement for 7 months.

    This is true but I was fearing worse. It could have remained at Jun 01.

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  • RandyK
    10-05 10:39 AM

    02-23 09:39 AM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Labor: July 2005
    485 File Date: Aug 2005
    I 140 Approve Date: <Mon> 2007
    On Bench: Jan 2008 to Jun 20th 2008
    Working with new employer since: June <last week> 2008
    RFE: Dec 2009 (for EVL) filed AC21
    second RFE on last 5 yr employement, W2 and Tax returns

    Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney

    1. When did you start using EAD

    2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.

    If you filed taxes appropriate to 2008 then you are just fine

    talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.

    Please provide all the facts before some one can help

    good luck and keep posted with updates

    01-15 01:33 PM
    The pattern of these killings is so strange that most of the people that got killed are from AP.

    My friends from AP, Be careful. They are coming after you :)

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