Thursday, June 9, 2011

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  • Vic
    10-11 12:42 PM
    Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).

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  • GCA
    07-12 12:25 PM
    Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
    Just on the lighter side...
    Definitely not when biting!!!..

    So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..

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  • gccovet
    06-29 02:45 AM
    For folks who are past the 180 day period:-

    When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).

    I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.


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  • anilvt
    08-11 11:10 PM
    I had infopass appt today and asked the IO abt the namecheck

    she said 180 rules hold and don't worrry abt it


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  • kprgroup
    11-25 11:28 AM
    so r u on EAD or H1B? wondering if you were able to continue working on EAD.

    its a gray area and even lawyers are not sure 100%.


    1. How long does it take to find MTR?
    2. What documents are needed?
    3. Did you informed CIS about job change?

    My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details

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  • Ramba
    09-16 01:20 PM
    The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.


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  • kramesh_babu
    09-10 12:04 AM
    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.

    Very true. That is exactly I did a month ago.

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  • gettinthere
    01-08 11:37 AM
    Thanks for the confirmation!


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  • gcnirvana
    02-01 06:28 PM
    Done. Thanks for sharing.


    Please take a moment to fill in the below survey from Barack Obama's website. I'm 100% sure that the results of the survey will reach the President. No sign-up necessary to complete the survey. To select 'Immigration Reform' as your number one priority, choose 'Other' and type in 'Immigration Reform'. You can see that Immigration reform is not one of the top priorities of the administration at the moment.

    Here is the Link:
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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.

    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02

    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.

    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.

    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.


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  • ksurjan
    08-14 11:56 AM
    I am also in the same shoes as you. Been here 9 years, filed GC in 2002, still no end in sight. I recently got a job offer from back home. Decent offer, I am told by friends, enough to sustain a good lifestyle and then save some. I am seriously comtemplating going back.

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  • pappu
    01-05 11:24 AM
    any predictions for Feb 2009 :D:D

    Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs


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  • priderock
    05-02 12:46 AM
    Link : (

    Very interesting read.

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  • shensh
    02-15 09:43 AM
    In order to apply under EB1, she must be L1-A holder which means her positions before/after the internal transfer are at executive or managerial level (some companies are very strict on their definition of "executive" level, usually not for someone with 3 years experience). Otherwise she can only get L1-B for skilled worker which is not qualified for EB1.
    Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.


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  • SunnySurya
    07-28 02:52 PM
    I am also confused now!
    [QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?

    I feel that many EB2 filers before June 2006 have got this LUD.

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  • prinive
    07-11 12:55 AM
    I would like say a BIG THANK YOU for the guys who started this flower campaign and to the members who made this huge success. The credit goes to the guys who started this campaign without any moral support from many members. Thank you guys. The community waiting for GC owe you guys a big salute.


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  • blacktongue
    10-05 11:07 AM
    How did they pull it off?

    If you file a lawsuit you can ask for documents.

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  • Raynstorm
    08-09 05:37 AM
    Hi David,

    a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
    Nice though!


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  • IWannaBeHowdy
    12-01 12:33 PM
    Hello Everyone,

    My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.

    When I do the case search on site, it says:

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to"

    I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.


    PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.

    03-11 09:58 PM
    That is the problem. There is no such thing in the flcdatacenter, but in onet online, there is a
    15-1099.11 - Information Technology Project Managers. This is not present in flcdatacenter.

    Here is the problem. So by this token, does it mean that IT Project managers either need to be classified as CIS managers or not get classified at all? This is absurd.

    The attorney is not giving out any suggestions on what to do as they already filed, got a high PW and appealed which got denied.

    The attorney is suggesting to refile, something I don't think is going to change the outcome.

    Any suggestions?

    Hi everybody,

    You can see same topic at the side bar of this site. You can find out some thing same your questions or use search box or this site.

    If you want to do more info, you also visit at: Project manager job description (
    Best rgs

    08-12 08:27 PM
    If you e-file EAD renewal, you will get FP notice. To avoid it, paper-file your renewal.

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