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  • Libra
    01-17 06:22 PM
    need to be on top

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  • coolstonesa
    02-28 09:37 PM

    I will try to be there. Thanks for arranging.

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  • vrbest
    10-03 04:35 PM
    Got my EAD Card. My wife's approved on Oct 1st - My son's approved today.

    Took close to 90 days with NSC.

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  • logiclife
    12-13 03:23 PM
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.


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  • gemini23
    08-29 10:35 AM
    Mr. Plassey,

    What gives you the right to talk in such a nasty way to a guy who is already in distress. Please maintain minimum decency when you talk to others. If you dont have anything to offer, you dont have to post. But dont be rude to people.

    I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

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  • anilnag
    11-30 01:43 PM
    It says good news can come as early as end of this year. Thanks to all for bringing this to lawmaker's attention.


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  • Sakthisagar
    10-28 09:49 AM
    Yes I agree, our history and way of working is also different maybe better/worse, but defenitely way more experience! I don't think I would want to change any thing about family , friend relations and the way we help each other. Even some of the ways we think, has a lot of advantages.
    we always manage to get things done. There are a lot of unseen riches that are not realized completely.
    we should defenitely avoid aping the west, but pick the good stuff out of it.
    being open minded and having freedom of expression is good up to a certain point!

    There is freedom and education even in India, I agree infrastructure needs improvement.
    India is 3rd in the world if you account for purchasing power parity. Don't trash India so soon. have you looked at how people lived in the US 40-50 years back? While I agree Indian IT should do more quality work and treat employees fairly. He no longer works with Infy, he just made generic comments.

    There is no freedom and especially education in India. in US even if you are a 60 year old you can join a university but in India things are different. Freedom, what kind of freedom you are talking about. with the political idiots creating havocs for high thinking people. Hey come to reality do not dream
    This time is different, I do work in the financial industry.
    I would hate to say this - but was every recovery in the last 2 decades mostly due to a bubble that was created - dot-com, low interest, housing?
    There are not many bubbles left to create, and the debt was never this high.

    Recovery is bloked mainly do to Politics understand that first.

    The growth of India should be more compared to Canada, that has a conservative financial system with lot of regulation. AKA no vegas.

    Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
    STOP religious Conversion and propoganda all over the world all the countries will live happily.

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  • shana04
    02-13 10:15 AM
    I know what the job title and Job duties were stated in the Labor certification and have acopy of my Labor certification application with me, but if you can give me the format of the letter for AC21 that would be great.

    Please let me know


    check post #22


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  • pappu
    02-21 02:45 PM
    This is the first time I am hearing about this. If there are more such instances/OP can provide his full details, IV can ask USCIS if this is true.

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  • prioritydate
    08-06 09:21 PM

    They are processing cases based on I-140 approval date. It is clear now.


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  • sandy_77
    04-25 09:31 AM
    Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.

    Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
    Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
    I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
    Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.

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  • GoneSouth
    01-31 11:52 AM
    USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.

    - gs


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  • dilvahabilyeha
    07-27 05:55 PM
    Read the two stories for break.


    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high

    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."

    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar

    Several days later, Kumar received an email from his Mother which read

    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...


    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !

    I am not saying it's a good one and also not saying it's a bad one, but the real fact is, you got nice creativity ;)

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  • JunRN
    12-18 03:07 PM
    Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.


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  • gcgreen
    08-12 01:12 PM
    I do not know how feasible this is, but if in your employment letter, there is a description of responsibilities, and additionally a statement like: "The job being offered to XXX falls under O-NET classification 15-1031," then you are completely covered, because the employer is positing that the job being offered to you falls under that classification. Again, don't emphasize technologies etc., just the job description and mainly classification.

    The AC21 language is very clear: "same or similar occupational classification"

    It does not say job responsibilities or job title. These are interpretations of that term and used to DETERMINE the occupational classification. So as long as the occupational classification matches or is similar, you should be fine.

    Also, the O-NET classification is from SOC which stands for "standard OCCUPATIONAL CLASSIFICATION." It can't get any clearer than that :-)

    As always, my cautionary statement: I am not a lawyer, just applying common sense interpretation to the terms.

    In that case, both my old and new job (responsibilities and titles) fall under 15-1031.00 if we take into consideration a broader classification where job duties are the same but technologies are probably 60% same but some technologies mentioned in my L/C are obsolete and my current employer does not list those technologies.

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  • micofrost
    06-02 02:07 PM
    Two from our family.
    Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.



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  • alisa
    03-29 01:31 AM
    This is the most important thing right now.

    Members needed in Wisconsin. Please PM me.

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  • ronhira
    07-21 10:36 PM
    hey meatloaf, what's uuuuuppppppppppp!!!!!!!
    r u not going to post anything here, i though we were buddies.... me ... ronhira.... u meatloaf..... we all friends.... i not english speak.... u can tall..... teach me somthing.... u proof-e-soor

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  • Sakthisagar
    08-20 12:11 PM
    I have one question on this for some reason if EB-2 Perm is not approved then can we still reatain the EB-3 priority date?? and the EB-3 status.??? I have a masters and 5 years of experience and same situation almost like yours.

    10-26 08:28 PM
    Hi Guys,

    I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)

    Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)

    10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.

    I got a mail just now, with the following text in it.

    "The status of your request is

    Your case is on hold because your appear to be inadmissible under the current law

    Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.

    Such an exercise of the exemption authority might allow us to approve the case."

    What does this mean, any one has some idea about it.

    This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?

    06-24 07:18 PM
    I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?


    I do not have any update on any meeting right now...I'm sure that once something becomes available, we will all hear...!

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