Kama Of Kingstone

Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

This madness has to stop !

I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.

ajthakur,

U r covered under AC-21 if I-140 is not revoked by your previous employer.

Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.

Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.

Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.

RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.

Bottomline you need a competent attorney for answering this RFE and invoking AC-21.

to IL senator

Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?

I deleted my original post since you answered:-) thanks!

This brings up an interesting possibility for me. My first I-140 has been approved over email (awaiting physical receipt), although the Successor in Interest I-140 is pending.

Does the I-140 receipt always contain the A#? I will have to wait to see the physical receipt notice!

What i have heard is that the recent I140 approvals (2006/07) contains A#.

Well, the funny thing (or perhaps not so funny thing) is that there's plenty of talent out there stuck up in some immigration-related issue or other, many a times for no fault of theirs.

Particularly the folks who came in around 1999/2000 and weathered the downturn.

OK, so you thought positive, and set your roots, bought a house investing all your savings or at least a good chunk earned during the most productive periods of your life, and poof - it's gone, thanks to the real estate mess.

Yes, you can't live your whole life being over-cautious, but knowing you're not permanent in this country until you have permanent residence (GC), and trying to set your roots by buying a house is being overly optimistic, imho.

(Of course, those who lucked out in the real-estate boom and actually made some $$, good for you guys - I envy you... :) - but I don't know many of us who did. Do you??)

For those who didn't buy a house, be glad your life's savings are not wiped out in this downturn. Most likely, you may also have sufficient cash reserves to survive the downturn. And looking forward - times like these are the best to get new skills or add more breadth/depth to existing ones.

Hopefully President Obama and the new administration will reward the audacity of hope displayed by us legal immigrants, yearning to break free of this immigration quagmire!

(If not - your country really isn't that bad - many folks back home are more than surviving! In fact, many of your friends back home probably did too well for themselves and are probably living a better lifestyle than poor you with all your accompanying immigration frustrations and insecurities... ).

Best to all - let's keep plugging at it by supporting our collective efforts through IV.
jazz



I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.

If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.

luvschocolates: Ignore what everyone has said and do exactly what is written on RFE you got. If you do not do it, your 485 will be denied and you risk deportation if you do not do what USCIS has asked you to do. They are very powerful and I hope you understand this.

If you are not able to afford it by money there are volunteer organizations that will do the medical exam. The medical exam will cost about 300-400 $ but you can reduce the cost by taking shots at public hospitals/facilities and by taking help from volunteer support organizations.

Also if the family of the person you care for really loves you, they have to understand that this is the cost of keeping you to take care of the person. So they have to pay. I know you dont want to ask them for money, but talk to them , they might be willing afterall.

You also need to prove evidence of valid entry. Do you have a copy of your original boarding pass , airline ticket etc? When you entered US through airline, they would have given you a green I-94 W card. A small green card to keep as a proof. Do you have that? If so send in the photocopy of that. If not , for the nerdy institution USCIS is, your chances are slim, so you will need to consult an attorney.

Again, there are volunteer organizations that help people who can not afford costs. They should have local presence wherever you live.

Do not listen to the mean attitude of guys on this forum, let USCIS be the judge on your case and not the guys on this forum.

Now hurry up and start getting the paperwork done. You do not have much time to respond.

I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
I have been on L1 2 times for about 1 year duration each time.

My questions are:

1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

Please reply... Thanks in advance...

i don't..... becoz i' not in sarah palin brigade of mindless freaks who have to find someone to blame others for the sake of it..... we live in a complicated world..... just becoz we applied with uscis..... & just becoz they've to approve applications..... it doesn't mean
backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....

y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....

- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.


-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....


Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.

We all understand that blaming is not going to help anyone. But what else to do.

Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.

Can you please brief us regarding what action IV has taken...

If you had contributed for the FOIA effort you would have known the actions IV has taken in donor forum. Its a shame that people like you dont contribute and have audacity to come back and demand answers.

a)My 6 years H1b is over by May 07.
b)I-140 Premium Processing pending.
c)Got offers from other two company.

Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?

Thanks,:(

GK,

I think you do have a point. Let me do some research and contact some attorneys as well on this. Will also check with the IV leadership on their thoughts on this point.

Cheers,
Rayoflight

bump, action item, please notarize and mail. Please keep this thread active!

imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.

Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).

coopheal,
I think it is a good idea, just contributed, thanks!

Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net

IV Leaders and Core are working on it...but feel free to call her / email her.

Here is the link where I posted in Chinese

http://www.mitbbs.com/mitbbs_article_t.php?board=Immigration&gid=14675155&ftype=0&dingflag=1e link where I posted in Chinese
Thank you very much. pls help us further by posting in various other chineese websites. We want this organization to have more members from other nationalities.

Greg's post is from today at 3:00 PM. We all know that our bill was not even mentioned by then so I think Greg's post may be incorrect. May be he just meant the the committee is considering the bills today.

My 2c

It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.

Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!

Jaime - you nailed it. People must concentrate on what they have to do. I started this thread for gettting a general perspective, because I seen articles about Blue Card and my dad also told me to look into it.

This thread has been very informative. Let folks keep blogging their prespectives

If US does not benefit from giving the visas, are they doing it as a part of social service?
All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. !

Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

You are OK.. they problem should have come in 2002 when you changed ur H1B not now and max they will ask for 3 year W2. Don't worry..everything is fine.