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  • whitecollarslave
    02-24 02:29 PM
    For those who think that this is good and will not affect them -

    What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.

    If we don't do anything, illegals will be citizens while people with H-1 and even EAD will be forced to go back. This is the beginning of the end to employment based immigration.

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  • thomachan72
    03-28 03:11 PM
    A small amendment for this bill could make everyone including high skilled and low skilled happy.

    Have arrived here at the age of 75 or under;
    Delete the section Serve in the military or attend college for at least two years

    Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.

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  • gc03
    06-06 10:39 AM
    Good points.

    Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.

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  • msp1976
    01-11 11:34 AM
    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.


    No ..There would be no problem...
    In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year least 1 year they got to give...


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  • singhsa3
    08-20 07:05 PM
    Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?

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  • andhrawala
    08-23 09:20 PM
    Hi overseas,

    Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.

    At least, we can say that we followed the uscis instructions if we get any query.


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  • p_kumar
    01-24 04:38 PM
    Hi all,
    will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
    will this create an issue when we renew her EAD ? I wanted to renew with our married last name.

    Thanks in advance

    Ask your lawyer to inform USCIS about the name change.They will send all supporting documents like marraige certificate, drivers license etc. If you want to change it after getting the green card, you will have to file form I-90 and pay $300 fee.

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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.


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  • ambals03
    03-10 10:18 AM
    America's Technology Leaders Assert Innovation Key to Nation's Recovery and Global Competitiveness -- WASHINGTON, March 9, 2011 /PRNewswire-USNewswire/ -- (

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  • munshiviral
    10-26 01:26 AM

    I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

    Will there be any limit on how long can I work from out side of US, if I can?

    is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

    Any help is appriciated,




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  • eb3_nepa
    02-24 01:25 PM

    Could NOT see the document though

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  • cbpds
    05-27 05:13 PM
    I know someone who did not pay the bill but returned to US without any questions

    disclaimer: may vary from case to case

    My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.

    Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.

    I negotiated with hospital to pay 15000 and paid off hospital bill.

    I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.

    Does this 500 dollar collection notice will effect my mothers next visit?
    If I pay now does it matter anyway?
    Is there any chance of deportation?

    Please advice...


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  • ash0210
    12-17 09:40 PM
    Can any senior Guy/Guru confirm this...

    "USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?

    If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act.

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    11-05 06:27 PM


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  • waitin_toolong
    09-22 12:46 PM
    Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!

    what do you base this on

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  • EB3_SEP04
    07-13 07:37 PM
    yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.

    karanp25, I am assuming that was meant to be sarcastic.

    I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.

    some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.


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  • Gravitation
    01-02 01:00 PM
    On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).

    What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.

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  • chumki
    12-17 07:06 PM
    My situation is I got LAID off.

    I had to change employment.


    Should I file Ac-21 ?

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  • anandrajesh
    12-08 11:39 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....

    Count me in dude... i am not a member in the state chapter...

    12-03 12:29 PM
    I did H1 stamping out of Mumbai in May 2010, not as recent as you would like. The 221G threat level was high as usual. Same jobs for 8 years and its full time position, probably aided smooth sailing. No documents were asked, just couple of questions about designation and pay. The consulate network had gone down that day so was advised by the CO there would be delay in visa printing on PP. Got the PP after 10 days instead of usual 3 days. This was 4th H1 stamping in same consulate.

    07-20 03:25 PM

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