Monday, June 13, 2011

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  • nish
    10-06 08:48 PM
    when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...


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  • bestia
    07-16 10:30 PM
    Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel they have not used any visa # at this time ? Am I correct ?

    If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.

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  • desi3933
    06-22 09:59 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.

    It is the last entry not the first entry.

    It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).

    If your attorney does not understand 245(k), may be you should consider getting second opinion.

    Section 245(k) applies for ALL employment based I-485s.

    Not a legal advice
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  • camarasa
    08-09 06:00 PM
    Immigration debate: Firms warn of lack of workers
    Federal crackdown could force firings across the state.
    By Susan Ferriss - Bee Staff Writer
    Published 12:00 am PDT Thursday, August 9, 2007

    California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.

    People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.

    Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.

    As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.

    The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.

    Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.

    Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.

    "This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.

    "I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."

    Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."

    Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.

    Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.

    Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.

    They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.

    While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.

    A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.

    "The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.

    Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.

    But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.

    "He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.

    "I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "

    Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.

    Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."

    Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.

    He predicted that dismissed landscapers will enter the underground economy.

    Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.

    "This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.

    He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.

    "Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.


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  • lazycis
    09-17 09:59 AM
    You can start working for other company only 180 days after receipt date for your I-485. The job has to be same or similar (profession-wise). If you are planning to change companies, it's better to do it before you get your GC, rather than immediately after.

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  • Caliber
    09-02 11:00 AM
    Yes lot of EB3 approvals for many in their SWEET DREAMS.. yesterday night...:)

    Dear Saralayar,

    I envy you.... for getting sweet dreams.

    I am will get only bad dreams..

    Good luck


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  • rocky17105
    07-29 11:19 AM
    of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.

    I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.

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  • pappu
    06-02 10:58 AM
    I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??

    I had sent you a private message yesterday. .
    Without verification we cannot give access to anyone.

    Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.

    Ryan, Thanks for responding to the PM.


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  • eb3retro
    02-15 11:25 PM

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    could you please update your profile? thanks.

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  • krishnam70
    05-08 11:28 AM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.

    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?


    I know cos it happened at my workplace



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  • lostinretro
    08-18 01:21 PM
    Correct me if I am wrong.

    They started premium processing for I140 so that they could stop parallel filing of 140 and 485.

    Just wondering if anybody ever complains of I140 being slow? :p

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  • chris
    08-21 02:49 AM
    My case was transfered to Vermont. (Same reason they gave " Speed up processing :mad: ).

    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?


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  • mhtanim
    09-07 05:29 AM
    What a joke! Their system does not work so we will have to pay the price!

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  • div_bell_2003
    01-09 04:40 PM
    USCIS will give you 2 years EAD if there is no visa available for you i.e. if your PD is currently retrogressed, although we got 2 years EAD in August 08 when our PD was current, which gave me a fair enough reason to believe the "no visa left for EB2 I/C" news that was floating around then :)

    What conditions to be met for getting 2 years renewal? Anyone...
    I am about to send my package to lawyer for AP/EAD renewal, URGENT!


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  • dealsnet
    05-07 01:35 PM
    Do not use some one's profile, if you want answer from any one. To make a new profile will take less than 10 minutes. If you don't have 10 minutes, then how other people spend their time to answer your questions. You want free advice, but you are not willing to join IV. This all shows the mindset of the people.
    Any way using some one's username and password is highly illegal. Ask IV moderator for permission to use some body's account. is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.

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  • sukhmeet
    05-14 08:37 PM
    Thanks Ruben and others,

    Yes the salary requirement is ok since i have greater than 60k anyway, what are other requirements as in our company 50% people are on h1b. Is having 50% as h1b with less than 20 employees is a problem now a days from extension point of view.

    Thanks again for your reply.


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  • sgX05
    02-12 10:04 AM
    All my 140,EAD,AP, H1 renewal approvals have all been from NSC, never had any application at TSC.

    So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.

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  • mdmd10
    08-29 08:37 AM
    yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.

    The truth will set everyone free.

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  • tinku01
    07-22 07:26 PM
    Bluez if dates move back then they will take effect from Sept 01 and you are already attending interview in Aug. Now as per law there no other bulletin can be issued for Aug again. If you rememebr same thing happend last year in July and then second bulletin had to be withdrawn. So don't worry have fun and enjoy.

    07-30 11:03 AM
    I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.

    Where was your I-140 applied (if it is not concurrent with 485)?

    Also, Q6 says the following:

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.

    Do NOT split hairs! You are okay!

    P.S.: BTW, are you working for Cognizant?

    08-12 07:27 AM
    People who follows Gotcher school of immigration follows CP over AOS. more details @

    I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!


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