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  • starscream
    04-21 06:28 PM

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.

    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance

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  • eb3India
    11-30 11:44 AM

    I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV

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  • h1techSlave
    07-10 10:12 AM
    My opinion is that there is not much point in looking for a different country. Most of us have been in the US and have developed some kind of roots here already. So GC is needed and we deserve it.

    If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.


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  • Goodintentions
    01-29 09:16 PM
    Dear All,

    First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.

    1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India

    2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!

    3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs

    4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?

    5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!

    6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.

    7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record

    8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!

    Let us hope that something will work out before the end of the current term (2012)

    Best wishes!


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  • WaldenPond
    12-30 02:02 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.


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    08-14 11:20 PM
    I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.


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  • no_more_anger
    05-07 06:16 PM
    My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
    The move was parallel in job function and the pay was good.

    They replied to the RFE and then never heard back. In these economic times, USCIS
    is scrutinizing every doc that gets filed.

    Just an experience....

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  • pappu
    05-13 09:30 AM
    Please check the thread

    You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.

    In the meantime, please join your state chapters and get active.


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  • go_guy123
    06-09 11:14 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    WH-4 form is for complaining to dol

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  • qualified_trash
    12-12 03:43 PM
    You really do not have to say good bye to GC. If your labor has been cleared, you can apply I-140 Premium processing with your present company. Apply perm and I-140 with this new mid sized company. Transfer PD to new I-140 with new company. Go to India to start your company have them outsource to you. GC is for future anyways, work on your new enterprise in India for 1-2-3 years untill your pd becomes current (whenever that happens). At that point you have an option to file I-485. You can still continue in India, with an option to returning or decide at that point if you want to stay in the USA for 2-3 months every-year to maintain GC for 5 years to become US Citizen.
    very true!!


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  • laksmi
    07-03 03:29 PM
    you can go to any consulate in india to get you visa stamped, regarding PIMS verification no idea in india if you can verify before you go for stamping.

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  • sudiptasarkar
    07-29 05:23 PM
    I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
    My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.



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  • PD_Dec2002
    06-24 10:58 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.


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  • priderock
    07-20 10:45 AM
    I am not sure whether it will fly or not, but I always thought it is a good idea to consider how many years a person is in USA on a legally working status and contributes to Federal,State,local taxes and social security and Medicare , rather than how many years a person has GC.

    I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.

    PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(


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  • jugunu64
    01-12 04:02 PM
    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.


    Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...

    Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).

    When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.

    As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.

    Hope I answered your question....

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  • msyedy
    01-24 11:09 AM
    Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.

    Just ask your lier to apply for I-140. If he refuses to do that, ask him why?

    Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.

    Forget about the lawyer, It is the company issue here if they are paying for your GC.



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  • rick_rajvanshi
    08-19 09:39 PM
    Thanks everyone for replies.
    RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
    The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.

    Will keep posted on this forum.

    EB-2/ India/
    PD 06/2004

    Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?

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  • BharatPremi
    12-05 03:58 PM
    If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)

    Thanks but I'm not moving in that area.

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  • martinvisalaw
    01-12 02:19 PM
    My husband and I are British, not sure if that slows things up or down :)

    Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.

    05-06 12:47 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    02-15 06:54 PM
    You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.

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