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  • eilsoe
    02-07 08:39 AM
    this voting went pfft....

    nothing for 2 days...!

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  • kart2007
    05-15 03:26 PM
    I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:

    In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.

    Sad to say, Wipro, Infosys and the rest in their flock are no better.

    Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.

    For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.

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  • BharatPremi
    11-06 07:42 PM
    On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..

    No.. They are also stuck till primary gets clear.

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  • sapota
    10-11 05:02 PM
    bcos I was there stuck at BEC with no result in sight for 4 years.

    My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.

    I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.


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  • needhelp!
    02-11 11:19 AM
    Thank you zachs..

    I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.

    Dear friends,
    Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.

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  • Berkeleybee
    03-09 04:46 PM
    Report back
    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.

    Great summary Bluekayal!

    A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

    (1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

    (2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

    (3) Background checks
    (a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
    (b) FBI conducts a finger print check
    (c) FBI conducts a name check.

    So I don't know what she meant by FBI can do it. They already are.


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  • seeking_GC
    11-25 06:09 PM

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  • H4_losing_hope
    02-21 12:38 PM
    I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.

    thanks for your efforts!


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  • Sachin_Stock
    08-25 10:14 AM
    While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.

    That has always been a standard practice. That is part of PERM Labor process and is NOT new.

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  • nrk
    11-11 02:14 PM

    The first part is cleared out for you.

    I don't have enough experience to comment on the other issue.

    All the best

    Hi folks,
    We had the appt wt infopass the other day.I guess it was just like others,some kinda error and that happened opening the SR wt TSC.They said our case is preadjudicated.and said we may want to check on the case by making an appt wt the center but maybe NOT calling and opening a service request.What a waste of time n energy, all the agony we had to go through!!

    NOW guys i have some other issue/question to ask u all.
    After the EAD is approved do u necessarily have to be working for the same employer who sponsored for you? Ours is like future appointment.The USCIS wanted some docs from us this June re the appontment/work related.And yesterday when we asked that officer she said our case is preadjuticated as of Oct 2009.So far we have taken couple of paychecks frm the sponsoring company.But then we have our own small business also that has kept us going.And we were thinking of taking more paychecks after the GC is approved.Does that make sense to you guys? or are we at fault?
    PLS Suggest??


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  • obviously
    02-12 09:59 PM
    hi. sorry to hear that you are going through this harrassment.

    i would recommend the following strategy:

    1. file a case of harrassment with the state DOL / agency.
    2. contact an immig attorney and have them 'on your side'
    3. contact the IRS via registered mail and document your case, with FACTS, not OPINIONS or EMOTIONS. send a copy of the IRS letter to the State DOL.
    4. further, file a complaint with the DOJ (if applicable). check out their Website.
    5. finally, send a 30 day demand note (if applicable in your state) stating YOUR demands against the former employer, asking for immediate cessation of all activities which can be considered as coercive, amounting to emotional stress and harrassment. if possible, get a Doctor's medical advice and keep that on record.
    6. eventually, think about getting a lawyer to do this case 'pro bono' . some might do if you can get good local press about thsi case and effectively 'market the lawyers costlessly'. of course, all privacy goes out of the window.

    good luck.

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  • saurav_4096
    01-04 03:07 PM
    Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!

    My take on this situation....ask your freind to apply for concurent H1b' works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!

    May be he can apply for blanket H4...


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  • nozerd
    04-13 11:35 AM
    This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
    To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.

    What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????


    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."

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  • wahwah
    06-05 02:59 PM
    andy garcia,

    its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.

    it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:

    In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA ? 204(j).

    The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).

    and by the is the Q1, Section 1 page the memo is talking about....

    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under ?106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it’s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]

    You can read it 10 ways, but the CIS has only one interpretation(see bold below).

    An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a ?106(c) AC21 portability request.


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  • illinois_alum
    10-02 01:41 PM
    I have it just says Texas Center....efile for AP seems to have many Texas offices in the drop down..which one to I choose..

    Whcen I call USCIS 1800 number, they say that my case is pending in Mesquite, TX....and that does not show up in the Efile Drop Down.
    On May 29, 2009, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.---------------


    Mesquite means TEXAS SERVICE CENTER. Enter is exactly as I have here. If you look in the drop down list, there are multiple field offices for Texas but one TEXAS SERVICE CENTER

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  • Googler
    02-28 04:07 PM
    The fine print matters as always:

    "A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days."

    They'll define normal processing times in some weaselly way of course -- like that random date they show in the processing time charts. It is not the normative 6 months timeframe, since the statement implies that an application that has a current PD and has been pending for 180 days (cos its name check is pending for 180 days presumably the application has been pending 180 days) can be "within normal processing times."

    So current PD + 180 day pending namecheck = 47K.

    And current PD + 180 pending namecheck + outside "normal processing times" = 10K.

    The 10K is from the Ron Gotcher post on Imminfo (

    Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.


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  • rolrblade
    07-19 11:06 AM
    Preponing visa interview without very valid reason cud be harmful. u never know, if they catch ur wife telling a lie then ull be walking on thin ice.

    I disagree with this statement. Your most compelling argument of preponing your visa interview is that they have opened slots which were not earlier available and you would like to finish this process and keep some time incase some additional documentation was required, you would have the time to get it. Also, there is NO RULE that says you cannot prepone appointment.

    Also, I suggested you get a fresh appointment at Mumbai (your original appointment was in Chennai - correct?)

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  • unitednations
    03-11 03:28 PM
    It is not so easy to convince Sen Grassley.

    Gotta love this system...

    Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.

    They did not have any legal obligation to answer his query. They answered his questions by non answering it.

    Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.

    uscis/dol start investigatin and denying cases and study it and find fraud.

    now; Grassley is getting his way and starting to change policy.

    Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.

    At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.

    See how Microsoft answered differently when they got the query and compare to these guys.

    This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.

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  • sandy_anand
    11-02 12:54 PM

    In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!

    I guess people are in a bad mood on a Monday! Gave you a green :D

    11-29 11:38 PM
    If this turns out true, that will be great !!!
    One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.

    07-17 02:07 AM
    I just don't like the tone of after getting work with a valid permit, then suddenly, one turns against those who are applying for work permit for the fear that they may take his job.

    The anti-immigrants also fear that the immigrants are taking their jobs or lowering their wages atleast.

    I'm sorry if I hurt your feelings but that's what I think and just my opinion.

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