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  • kommisetty
    08-21 03:21 PM
    Even though i didn't get my GC yet this info is helpful.;)

    PD : 2005 Oct. I-485 Still pending :confused:
    Hi guys,
    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??) law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    I just put it here so that everyone would not have to try the link and may be this information is useful to someone.

    Good Luck.

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  • sanju
    02-17 05:16 PM
    Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.

    Employer will send the W-2. They will in big trouble if they don't. Also, there could be possible more scrutiny/audits of their accounts.


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  • saatiish
    08-20 03:13 PM
    Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china

    if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?

    I thought there was a country limit on how many gcs are approved for a country per year. So even if there is a spill over - can a backlogged country like India use it because of the limit ?

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  • balasundaram_s
    07-12 03:51 PM
    Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....


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  • savigans
    10-24 05:01 PM
    I'm in a similar situation:

    EB2 LC Priority Date: August 25, 06
    I-140 pending
    Received I-1485 receipt notice and EAD
    I-485 Reciept Date: August 1st, 07

    I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.

    My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.

    Thank you for all the great work you guys do.

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  • krishnam70
    02-15 03:19 PM
    Mr S Hammer

    This is not a flaming forum. There is no need to take an advise given to a person personally and then call other people names and take a high pedestal. If you are in a position to take an advise take it or leave it.

    Now to your observations and my responses.

    1. I am a full time employee too with a fortune 500 company working for the past 6 years with the same company since I got laid off first after working for another American company for 3 years. So there goes your argument for working with a desi company.

    2. Never been on bench due to the above reason

    3. you probably were in your high school or early college when I started my programming career back in 93 and now work as an Enterprise architect. So just chill out and don't try to categorize people based on your limited understanding. Don't even attempt to talk about my skills and what I know and don't.

    4. You just equated one simple post of helping a fellow person by advising him to be here for some more time to get a job to 'faking my entire career and labeled me as a fake'. Shows how mature you are

    5. Its good that not a single line in your resume if fake.. then you should not be offended at all by my statement.

    6. Oh BTW.. I do happen to have 2 Master Degrees from US of A and more than amply qualified to apply in EB2 category but due to the HR policies of the company could only apply in EB3.

    Now cool down and take your frustration elsewhere..your time will come..


    What makes you think that everybody fakes theirs resumes? You are talking like its just a matter of fact that faking resume is the only way people get jobs (and what is this project business????). I now know that YOU got your job by faking your skills. And shame on you for doing that!

    You conveniently missed out the 4th reason in your list
    The employers filed for H-1Bs kowing very well they did not have a job to give to the candidate. The immigrants would come to the US, get "trained" to lie their way into a job, pratice more lying, fake reumes (like you have), then get into a project, get fired in 1 month or 2, go on bench, unpaind, find another project by practising more lying, and so on.

    My friend, I take my statement back when I included you in the genuine candidate group. You are no better than the OP. You fakers deserve to end up in prison!

    To answer your original question: not a single line on my resume is fake. And I'm not working on "projects". I have a full-time job and I'm with the same employer for the past 4 years!!!!!!!!!

    Get out of your desi consultancy world for a change and see how the world outside of your little fakers club works. Not everybody is lying their way into "projects".


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  • wandmaker
    02-11 05:31 PM
    How about, those who made incorrect predictions to pay $50 to IV?:D

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  • techbuyer77
    09-17 12:48 PM
    Hi everyone, I have been approved on 9/6/7.
    only 92 days after AOS filing.
    My sponsor, I did work with them from 2002-2007. They agree to file i-485 in the hopes economy would get better. However house builders are doing very bad now and they cannot take me back after approval.
    The question is, does this spoiled my chances for citizenship?


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  • krishnam70
    02-15 12:51 PM
    My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

    1) What consequences the employer would have to face if they fail to report correct wages on W2?
    2) Does IRS is concerned about missing wages that are 1-2K?
    3) Do you think I should complain to IRS?

    I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.

    Due diligence
    Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.


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  • Sunny_Bhaaji
    12-28 01:12 AM
    RFE for I-140

    I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the it to our company lawyer or me....Please advise


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  • rb_248
    09-18 06:33 PM
    My H1 B expires this December. My lawyer has filed for extension. Looks like I will get my extension approved only in Jan. He mentioned that I can work on a pending H1-B extension for 240 days. Is this true? Also can I get my DL renewed using the H1-B receipt notice? Gurus please advise.

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  • rb_248
    09-10 06:37 PM
    Its not a problem dude...

    You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....

    Dude are you trying to rub salt????


    Karthik - That was a genuine question. I lose a lot of stuff. So, I had to ask. May be my timing was not good with VB releasing today and all. I am not trying to rub salt. Anyways, good luck.

    Dude, if i had a GC i would hang it on my neck like flavor flav 24/7.... :)

    anyways, congrats on your GC

    Ha ha ha ..... that's funny and thanks.


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  • espoir
    12-13 10:03 AM
    I concur with everyone in the thread. Its a hoax.
    Look at the email address ""

    US State Department doesn't send emails via ".com" domain
    If it doesn't have ".gov" at the end of the email address, don't even bother to read the contents.

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  • Canadian_Dream
    10-19 01:43 PM
    I am not sure if this is that simple. There are no clear laws that state what would be the implication if:
    Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.

    I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.

    If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.

    If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
    If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.


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  • gc_on_demand
    11-13 01:17 PM

    we can send email to all state chapters

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  • logiclife
    06-14 06:07 PM
    20 amendments is a lot of amendments. If 20 amendments bring 20 additional votes, but if 6 votes are lost due to these amendments, then I guess the cloture will still fail.

    Last time the cloture motion got 45. They need 15. In getting 20 amendments, if they gain 20 -25 senators, they will also lose some. So its still not a done deal. And who knows if one of those 20 amendments is like the Byron Dorgan's bill killer amendment. That amendment to sunset the guestworkers program in 5 years is the biggest bill killer that got approved on wednesday by a vote of 49-48.


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  • dvb
    10-12 09:44 AM
    Hi All,

    Could someone provide some guidance regarding my situation:

    1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
    2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
    3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
    4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.

    Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.

    Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?

    Also, any implications of my situation on the I-485 process ?

    Thanks a lot for any input!


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  • rb_248
    09-11 01:15 PM
    The frustration in the EB3 community is very intense. I hate to see this become a feud between EB3 and EB2. We all are in this together. Please stop hating. Just 1 post brought my reputation down from 4 greens to 2 reds.

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  • jungalee43
    04-04 08:46 AM
    Stay on path. All great leaders in history have gone through such criticism before the world recognized their greatness.

    05-26 09:10 PM
    Maybe he had it confused with the Indian Parliament. :)

    10-04 11:17 AM
    I signed the G-28 for 485, EAD & AP. Attorney received the receipt notices for all and he just emailed the case no(s) and A #.

    When I ask him to mail me the receipt notices, he says its not their general practice to send them to clients and they are really not useful when I start getting the FP notice etc...This is really weird!

    Folks - Is it possible to get a copy of the receipt notices by calling USCIS?

    Thanks in advance!

    They are scared that you might change lawyer??

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