Thursday, September 15, 2011

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07-23 01:42 PM

You cannot renew AP while in India. The above link has good information.

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10-04 02:03 PM
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.


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01-16 10:12 AM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....

I appreciate your humor along with all other IV members who have enjoyed the joke so far. But humor wont help us, but our diligent and focused measures, if you have something more than humor please join us, if not please don't make fun of our measures.

I humbly request everyone to start calling.

Thank you

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04-01 10:50 PM
And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.

you dont have to marry. just remain as illegal and they will GC sooner.


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09-24 06:21 PM
I checked the site, couldn't find this info any more, probably its got archived. Thanks for your efforts in letting the group know.

No worries,

go and check here: The Oh Law Firm (

in the above link go locating the following news line, read and enjoy

""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

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09-12 02:03 PM
My ETA is P-### .... I used the link and my status is IN PROCESS


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08-21 06:08 PM
I don't understand , people are started getting receipt filed in july'14th, july'16th. They are not processing July3rd through july'14th filing?.

I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..

I didn't see much of filed between july'3nd through july '14th filings in this forum.


EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?

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07-01 08:21 PM
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

Good luck buddy!

We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

IV can help only if people are willing to be helped and ready to take action.

If this system needs to be cleansed, then why aren't we doing it?


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02-23 08:13 PM
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.

Thanks in advance!

1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.

So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.

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12-16 10:22 AM
Don't Panic but retaliate.

Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....

After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.


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01-09 03:30 PM
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02-07 03:31 PM
Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.

Thanks for your commitment...if you are frustrated by no movement in 6 months then imagine the plight of folks on this forum who have no priority date movement since Jan 2002 (9 years and counting)....most of them have literally became dormant with the long wait and some of them have become cynical and skeptical of the entire process and quite frankly about's hard to motivate and make them commit to supporting IV. There are few brave souls who refuse to give up and are fighting for the greater benefit of the entire community!


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12-25 12:35 PM
At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.

The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.

Sure i will let know the employer name. I am just waiting to have my H1B transfer.


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06-10 11:37 PM
The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.

EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.

Where they need to re-instate Premium 140 to give actual relief - they wont do anything.

I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..


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05-31 09:07 AM
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01-14 02:52 PM
You asked for any news at all and here is update posted today on

"01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

Hope you feel relaxed for the day


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03-18 05:11 PM
I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.

Can she get EAD or SSN?

Pls help.....

Unless you submitted I-485 for her she cannot apply for EAD. If you did submit I-485, yes you can apply EAD for her now by submitting form I-765.

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12-28 04:39 PM
Why did u give a negative marking for that?

just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?

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January 5th, 2005, 07:36 AM
Tthanks to all. Lecter those shoots are awsome ! I have never used this technique on portraits, although I see the intention is the same.
I must try it some day.
I just realised about the tilt. And about coloring some other parts...well although aesthetically might be a good idea, it would divert the attention from the main message of the picture, I think.
One other thing, there's a pun in the lettering on the wall; for those of you who don't speak spanish it says :


And finally, here's another example of selective coloring of which I'm quite fond. You may have seen it in the gallery...I call it "Enjoy Life". I'd appreciate your input on this, even though it's the same thread.


02-13 01:47 PM
H1B or not to Be is the question ?

join IV for the answers ;)

05-03 10:01 AM
Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.

They are organising a counter protest against Illegal Immigrants rally :

Amnesty foes respond

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