Saturday, September 24, 2011

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04-21 07:21 AM
I see your point, the topic above is debatable, and however, I am in your corner. Pallet Racking (

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05-18 01:46 PM
Absolutely great. Love to be a part of IV.:)

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09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.

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12-14 10:13 AM
RFEs these days? Especialy for I140s?


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09-04 08:52 AM
What's pixel stretching ?

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03-31 02:59 PM
If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.


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03-09 12:36 PM
No surprises here...from Murthy Bulletin:

2. Employment-Based Visa Number Predictions

We are often asked by our clients at the Murthy Law Firm to predict the movement of immigrant visa numbers. We have some useful information for MurthyDotCom and MurthyBulletin readers in this regard. Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA), which was attended by several attorneys from our firm. Mr. Oppenheim was kind enough to share his office’s visa number / Visa Bulletin expectations for 2007.


Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.


Employment-Based First Preference / EB1

Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).

Mr. Oppenheim explained what he referred to as the “trickling effect” of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.

This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.

Employment-Based Second Preference / EB2

The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

Employment-Based Third Preference / EB3

No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

Double Dipping

Another problem important to note is one of “doubling dipping” for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.


We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. [The most recent Visa Bulletin chart is always available to our readers on MurthyDotCom.] The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.

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11-25 05:56 PM
You should be ok, just send them the papers again


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07-19 09:05 PM
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.

The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!

Hi Rajenk

thanks for the information

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10-10 11:26 AM
Thank you!

I am not quiting my company but I am moving to India. In that case what will happen ?

Your valuable inputs are greatly appreciated.

Thank you very much!

I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.


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04-01 12:11 AM
Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
"snathan", can you tell me what are the options for me now in this situation?

I believe you should be able to go back to your employer A and work with him as you still have valid visa with him. But check with attorney.

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07-18 09:32 AM
See below:

Taken from

07/18/2007: Reinstatement of Original July Visa Bulletin and Uncertain Impact on Pre-July "Tagged" EB-485 Applications and Processing Time of I-485 Applications in the Future

The other EB-485 waiters will turn out to be a big victim to the DOS/USCIS decision yesterday. Since there will be no visa numbers available until October 1, 2007, the people whose EB-485 applications were "not tagged" before July 1 will experience a tremendous delay in obtaining the green card. When it comes to the delays in obtaining the green card approvals, the new filers in July and those filers before August 17 will also witness a tremendous delays and will have to endure a long and long journey to leave the pipeline of the green card process. Why? As we reported quite earlier in this visa fiasco, we even estimated that approximately 750,000 individual EB-485 applications can be poured into the system during this unusual period of visa number availability as affected by the upcoming filing fee increases and more importantantly the anticipated potential huge visa number retrogression ahead during when they may not be able to file their 485 applications because of the retrogression. After all, the system has only 140,000 numbers for the entire EB categories for each year. Go figure! What would look like the waiting time for the current EB-485 filers and the current EB-485 filers before July 1, 2007!
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D


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08-21 11:37 AM
Because they are sitting and looking at the Service Requests generated by the National Customer Service. There were 9000 of them a couple of days ago.

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04-22 12:19 PM
There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

A denial can happen when RFEs are not responded in time.

From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee

I think it is quite normal that we are getting barrage of RFEs from USCIS. This perhaps is not due to recession or economy at all. It is also not unusual in my opinion. You are simply forgetting the fact that during July-Aug 2007 , so many of us filed 485s together. So its quite natural that when these cases are being processed, we are getting RFEs to re-check for authentications and cases are being pre-adjudicated and approvals are pending for lack of visa numbers. Nothing unusual. En mass filing is resulting in En mass RFEs.


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10-31 03:50 PM
The idea here is to for the individual to hold the miles ( atleast the minimum required) to get a free ticket and the individual book the ticket for some one who would use it. Transferring of miles from one account to another has a lot of overhead attached to it and is not cost effective.

I have complied a list of people who pledged and will contact them when we will need the miles for travel/ticketing.

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07-16 11:24 AM
Can any one tell what is written on Eb3 I 140. I am assuming it will be
Sec 203 (b) (3)
but is there any text associated?

For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.


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05-17 04:58 PM
Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.

Thank you very much in advance.
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.

...recd info fm the attorney's office...

The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.

so, for may still be $900.

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Munna Bhai
12-14 10:15 AM
RFEs these days? Especialy for I140s?

Yes, too many RFEs and we can expect more very soon because of AC21 usage etc.

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08-03 09:41 PM
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.

I am waiting as well:) EAD abt to expire, not used though.Keeping my fingers crossed, and opened 2nd service request after 45 days of the first SR( did not receive any email for first one) and no response and took infopass appt for 5th august Do not know if NC etc has been cleared or not

01-26 10:34 AM
If I check my case online I see following

On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

On Receipt Notice I-797C -Notice of Action I see following

Received Date : June 25, 2007
Notice Date : July 25, 2007

I dont know why online case status says that "On July 24, 2007, we received ...."

Do anyone of you see such date mismatch.


Received Date : June 25, 2007 --- this is mail room received data
"On July 24, 2007, we received -- this is the day when your 485 app entered into their crazy system (by a lazy IO)

Gurus,share your ideas also..

06-15 10:41 PM
1. First USCIS has to collect tons of applications that will be filed .

2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.

3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.

4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.

5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)

6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.

Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...

Good luck with everything

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