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  • GCOP
    09-24 10:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

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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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  • shana04
    01-09 12:00 AM
    We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.

    Nothing has been shared with us till I-140 approval.

    Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.

    I still doubt that USCIS will expect me to have these documents.

    Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?

    I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???

    One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.

    There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).

    One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.

    After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)

    To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.

    Good luck.

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  • ocpmachine
    06-15 05:09 PM
    I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.

    Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.

    Any ideas for those who got RFE for medical?

    I too got RFE for medical forms. My attorney asked me to get the medical exam redone as USCIS updated the medical exam requirements in 2008, now doctor has to include the x-ray report along with I693(this was not there in 2007) if tbskin test >= 5mm. Given all the changes i got it redone just to be safe and we are preparing to respond to RFE.


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  • ramaonline
    03-24 03:16 PM
    You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.

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  • yogirajd
    11-09 12:43 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.




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  • Sreeshankar
    01-25 08:42 AM
    Hello friends;
    Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
    Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.

    Thanks in advance for sharing any information

    Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).

    which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (

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  • buehler
    03-05 09:18 PM
    Wells Fargo might not be as bad as Citibank but is far from being considered as a stable bank.


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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.

    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?

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  • andhrawala
    02-13 04:09 PM
    Good one....kumar1...can't stop laughing


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  • jjava100
    01-28 11:56 AM

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  • punjabi
    10-19 03:30 PM
    Dear folks:

    Fist of all, a definition of PLEDGE:

    PLEDGE: A solemn promise or agreement to do or refrain from doing something. Example, a pledge of aid; a pledge not to wage war.

    More or less, all of us are aware of the importance of and how much IV means to us as an organization AND as an entity that strives to help us get out of the gut of current immigration situation.

    We also know that a day will arrive when we (and spouse/kids) will have Green card in our hands.

    If not next month, perhaps in another 6 months for some people. Or perhaps a year or two away and to some people, unfortunately, even longer.

    But we will get it one day.

    IV is a very active organization who is working hard in our best interest and it does not matter how you get the Green Card, IV will have, direct or indirect, contribution to it.

    There was a thread going around few months ago on "how will you celebrate the day you get greened?" Some prefer throwing a party, some prefer vacation, some would overload gallons of alcohol in their body or some would donate money to their respective temples or church.

    These are all good things to do. (OK. May be not the alcohol part) :)

    In addition to the above, I invite you to celebrate that day by flowing some donation to IV. Just as a token of saying THANK YOU. This will help IV to continue to fight for other folks out there.

    I invite you make a sincere pledge TODAY on how much money you would like to donate to IV on the day you get greened.

    Nobody is going to twist your arm if you decide not to donate, but I trust that most of the people takes pride in keeping their word once given.

    Even if 50 people among us get their green cards each month and each one of them decides to donate $100, it will amount to $5,000 to IV and it will help them fight for a cause for rest of the people out there.

    No pressure.

    Just an idea.

    I myself pledge for $250 donation today.

    Others are welcome to participate.


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  • hoolahoous
    07-15 01:43 PM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    dang !! if know the chick, I will send my video next time.. maybe I will get green card !!
    actually some people I know recently got their green card even though their PD was not current.. I will ask them if they sent their video.. LOL !!

    But it is really alarming.. USCIS seems to be making rules on the fly.. what next ? you need to send paper applications in different colors next time ?
    It is really not very funny when you have to leave your job because your EAD god delayed because of this new 'rule'.. happened to my cousin. he had to leave the job because EAD got delayed. not only that, since he is working at hospital, his residency got extended for delayed period when he was not working.. not fun ..

    in cousin's RFE the reason by USCIS exactly said that they had used the same photo in visa so they need to send new photos. My attorney also said recently he has seen USCIS asking for 'unused' photos in most of the cases, that's why he is requesting new photos from all his clients.

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  • kaisersose
    03-13 04:58 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.


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  • Michael chertoff
    11-25 08:22 AM

    Now Do u know who is this with Barack Obama...?

    Guys from Chicago should be able to tell for sure....

    Look here at the link

    Raja Krishnamoorthi - Wikipedia, the free encyclopedia (

    Wow..I am so proud of this inidan dude, he seems to be very close to Mr. President. Can you please ask this Indian guy to talk to President for our GC issue?



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  • dba9ioracle
    09-23 02:19 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.


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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"

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  • immilaw
    12-14 11:28 AM
    Here is the satement of Senator Salzar on ICE Action and the Need for CIR

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  • glores1970
    09-22 08:25 AM
    Anybody has information to offer for such a case ?

    07-28 10:04 PM
    Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.

    04-10 11:06 AM
    I will send an email after work with details.. Can't use webbased mail right now at work.

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