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  • inskrish
    08-22 07:43 PM
    I have this doubt also.

    If the priority dates are current in Visa Bullettin, the applications will be processed based on RD. If the dates are not current or unavailable, the applications will be processed based on PD. This is my understanding of the process.


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  • EB3_SEP04
    05-29 11:25 AM
    This is the third time an Indian American has won the competition in a row.

    BTW, the huge number of Indian American partcipants is not due to the fact that " Indian Americans" are brilliant... These children (at least most) are partcipating not becasue they have talent but they are being forced to by the aspirations of their parents.

    All the Indian American children are crying, sitting on the lap of their parents etc... See any other kid who lost, they were cool.

    How do you support your statement? and how many Bee contestants have you met/talked to?

    in studies you can not force someone, you can only help them stay focused, having lived in NJ for 6-7 years i have met dozens of india american teenagers, very rarely have i heard them going to so caled "teenage clubs" where they do all the kinds of nasty stuff. teaching kids how to stay away from things that would hurt them in the long run, and spending enough time with them is what most immigrant(not just indians) parents do.

    15 years from now when you see more than 50% neurosurgens are of indian origin, please stand at times square with a banner "these neurosurgens are not brilliant but they were forced by their parents" :p

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  • superdoc
    09-22 10:00 PM
    I think your plan may work out just fine. I would make a couple of suggestions:

    1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.

    2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).

    3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.

    4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).

    5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
    --If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
    --If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".

    PM me if you have questions about what I said above, and I will be happy to talk to you.

    Good Luck.
    very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!

    gave u $$..thanx

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  • gc_in_30_yrs
    09-09 06:39 AM
    I applied and waiting to hear from USCIS. I shall post when I hear from them. :)


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  • apnair2002
    05-14 08:12 PM
    Once it is I40 is appoved it will go to national visa processing .. .Once the pd is current NVC will send a mail to you to pay the fees. Once they receive the fees they will send all the documents to consulate . Usually i think it is 45 days to 3 months depending upon your luck. After that consulate will call you for interview.

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  • wellwishergc
    04-03 11:37 AM
    How are you sure that the "sneaking in" of our provisions with the 'undocument workers' provisions is going to alleviate our plight?.

    Note that the staff to support this overhaul is not going to increase overnight. Consider this - 100 people (just a 'supposition' - this is not a hard number) are working on 500,000 applications today; With the passage of provisions for 'undocumented workers', the same staff of 100 is going to work on 11 million 500,000 applications, atleast for the next 1-2 years. Do you understand the mess that this will create? It will be a similar mess as the 'Labor backlog center', where the applications of 2003 are still waiting for their certifications.

    Although I agree that we should work towards supporting the current provisions already in the bill, I still feel that issues such as 'I-485 application without PD current' and 'removal of hard country quota' are important, in order to ensure short-term reliefs. These provisions may not help your specific case, however it may help 1000s of other cases.

    Just my opinion from the limited knowledge that I have of, how UCSIS operates!!!

    Good luck:)

    I understand that you guys have done a lot with limited resources, but trying to isolate yourself from the issue of illegal immigrants issue is not going to help us either. We need to use the momentum of illegal issue to sneak in our provisions (which we already have with the advance degree provision, exception of spouses from cap,capture of unused visa numbers).

    I think you are wrong in stating that I do not grasp the issue that AILA is only interested in illegal immigration issue and not in EB3 retrogression. I know that more than you can imagine, which is why I have been urging the forum to stop asking every one to fax the senators with requests to remove hard limits by country or even concurrent filing of I145 when visa numbers are not current. I read on post by a junior member where that person DID GET A CALL BACK FROM ONE OF THE SENETORS OFFICE AND THAT GUY COULD NOT ARTICULATE THE ISSUE WHEN THE SENETOR ASKED HIM IF THE ISSUE WE ABOUT INCREASING H1-B’S.

    Exactly what happens when thousands of people contact senators instead of one fax from one organization with one point of contact just so that if some one actually calls back from the senator’s office we at least have some one who could explain the situation in a way that makes sense?

    Also, I know how difficult it could be to get an amendment in just as well as you and I also know the fact that the real interest is in solving the illegal immigrant’s issue. The reason for that is the issue that the U.S has is with ILLIGAL IMMIGRATION. The EB retrogression is really our problem, not some thing that is going to raise alarms in the senate. Which is why any amount of hue and cry is not going to change the situation? We should be glad that the advance degree provision, recapture of unused visa numbers and exemption of spouses from cap will make way for a few people and in the process clear up the backlog in EB3 category. We need to back this unanimously instead of trying to introduce new amendments in the last minute. No offence but


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  • java_jaggu
    06-18 11:13 AM
    I have a feeling that they will HAVE To process EAD's in 90 days( that's what the current rule says ) or reinstate the Interim EAD's - terminating Interim EAD seems like the dumbest move they ever made. If either of these doesn't happen, lawsuits are sure to follow. So, don't worry too much about it my friend.

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  • jayz
    06-29 10:27 PM
    Thanks Smmakani! Who did you email at Mumbai Consulate? (MUMBAI-IV) Do you think you can send me the email address?


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  • vadik78
    03-27 07:47 PM
    No matter which person we will go with, I think that we need to verify person's story before congress testimony. Not that I do not trust people, but we need to make sure that every detail is accurate; otherwise we risk of being called "liars" by the numbersusa. If we could obtain any documented proof of achievements and demonstrate the documentation to the congress, which will carry some additional weight...

    Just my 2 cents.

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  • asanghi
    04-16 02:50 PM
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  • LostInGCProcess
    09-05 03:06 PM
    If AOS takes many years, then keep the non-immigrant visa, so that no need to worry about AP.

    You are suggesting how to avoid it rather then try to acknowledge that there is a problem in the wording of AP. By problem, I meant the whole dynamics has changes over the years, so, its time they change to reflect today's reality.

    There may not be everyone who would continue to be on H1 while their AOS is pending.

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  • ssingh92
    03-15 10:27 AM

    You can request a copy of I-140 approval from USCIS using G-639 form (download from USCIS Home Page (

    In G-639 form, Fill out the following information

    I) Type of request
    -> Freedom of information Act (FOIA)

    5) Data needed on subject of record,
    --> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
    6) Verification of subject identity
    --> Notarized affidavity of identity

    Please let me know if you need any more information on this regard.

    Can someone share how to get Notarized affidavity of identity.



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  • senthil1
    05-24 09:00 AM
    Compare passing of bill with statusquo. Which is better?
    Main changes are legalization of illegal immigration , point system,H1b increase with restriction and slight increase of immigration and reduction of family based immigration. If any of these need big changes bill is in trouble and CIR is years away. If no CIR no relief for legal also. This bill with minor amendment is much better than statsuquo

    Yep!! This bill is really bad.
    It bleeds us dry.
    It bleeds the H1B program dry.
    It is evident that the proponents of this bill want it that way.

    Apparently the proponents see us as negative impactors to the US economy
    Apparently the proponents see the business community that use the H1B program as not "Pro-American".

    This is the beginning of protectionism.
    This is the beginning of isolationism.
    This is the beginning of blunting of America's competitiveness.

    The proponents of this bill must go back to school to study rich European nations and find out why they do not have vibrant economy like US has.
    And the proponents of this bill must go back to school to know what makes US unique and vibrant.

    After this if they still remain proponents, then GOD SAVE US!!!!!

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  • EndlessWait
    02-24 09:57 PM
    the trouble is that people / everyone (including me) ..are thinking more about solutions but not doing anything.
    for a change can We just Do Something about Immi mess and Think afterwards ????
    the sad part is that there is no directions from IV core and they seem to be in deep winter slumber

    has anyone noticed lately, ever since the July 07 fiasco... there hasn't been anything on radar from IV..what's happening..not trying to belittle efforts from IV..but guys most of us are waiting to hear from you..


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  • styrum
    02-07 01:55 PM
    Can somebody clarify what it means that "salary is large enough" for EB2?
    If a PWD was obtained from the state "workforce agency" and it has some number there, the job order has been placed with that number, can DOL and/or CIS later on (while processing PERM and/or I140) still say that the salary is "not good enough for EB2"? Based on which considerations and how are we and the employer supposed to know them beforehand then?

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  • kopra
    09-08 07:08 PM
    Dear valuablehurdle,
    You need to understand why your company is paying only 85K. Your base compensation is 85K, then you have another 10% on top of that as bonus. Also your Health/Dental/vision Insurance will be close to 15K payed by the employer. Also they pay Social Security at 8% base pay + Your H1B and other legal Expense for you and family. This will put your total rewards/compensation well above 100K.
    I am not trying to say that your present company is perfect, but these are the common expenses for a company , Thats the reason even if you get hired by the direct client your salary will not increase very much. Companies pay 180$ to the consulting companies for the following reason
    1) You are not their employee, so $180 per hour is all they pay ( No benefits, No H1b Legal hassles etc)
    2) They Hire consultants for a particular project for a set period of time. After the project is over, they can have the consultant "released" from the project.
    3) They dont want to hire independent contractors, cos, if the guy leaves in between the project, its the responsibility of the consulting company to replace your position with another qualified person.In your case, they need to find another candidate with your technical expertise, which is not very easy.Very few Companies wants to take that risk.

    You need to look at the total compensation rather than your base pay

    It was Hard-Hitting, Sanju !!!
    Anyway, I feel there are bad apples......but not all take commissions.

    Still, I am at a loss to understand the same company that pays $180 per hour to the American Consulting company will pay me only as much as $50/hr.

    What would be their logic?

    I would appreciate your replies...


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  • akgind
    11-01 08:22 PM
    You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.

    Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.

    I was very disappointed at infopass five months ago for 140. The person did not even know the difference between EB2 and EB3. So, I am reluctant to waste any further time. My job keeps me traveling out of town 3 days a week.

    Fingerprinting for my EAD was in June08, spouse and daughter in Sep07. Is there a separate Biometrics required for 485? How do I find out about NC clearance? Thanks for your help.

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    06-21 07:21 PM
    [QUOTE=zico123]H4 is a dependent visa and there is legal employment allowed on H4 status.

    I dont agree with the above statement.

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  • gapala
    01-15 11:00 AM
    What does that have to do with the price of rice in China????????????

    :D :D :D Dude, There has been several incidents in past 1 year enough so you can draw a pattern. Do not act in ignorance. We have to pay attention to happenings around us and be cautious of the surroundings.

    07-19 01:35 PM
    EB3 Fedex : July 02 - 7.55 AM NSC : PD-9/06

    04-14 06:48 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. They said the lay off was becoz of budget issues. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

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