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  • uma001
    12-19 09:59 AM

    My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:

    1. To apply for the SSN she would need the original I-797 and the I-94, correct?
    2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
    3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?

    Thanks in advance.


    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?

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  • immm
    07-07 01:45 PM
    (Admins, please delete this thread if already covered)

    Our View: Feds play games with immigrants
    They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
    Last Updated: July 7, 2007, 03:16:02 AM PDT

    If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
    Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.

    But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.

    This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.

    Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.

    The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.

    It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.

    In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.

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  • singhsa3
    10-28 08:59 PM
    To all the folks that attended the conference at YMCA Center in Woodbridge, NJ on Oct 28th,

    Thanks for participating . Please provide your feedback on the meeting i.e What you liked and what you didn't like. This will help us for the future meetings.

    Also please become more active and urge you friends and colleagues to become more active in NJ state chapter.

    Any suggestion on promoting our cause will be greatly appreciated:
    Some of the areas to think about are:
    a) How often we should hold such conferences?
    b) What other topics we should include. ( For example Financial planning for the community, given the uncertainity in the process)?
    c) In what way we together can help increase our number?
    d) etc...etc...

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  • prolegalimmi
    03-06 03:18 PM
    This proves that the faxes sent via the webfax features are actually reaching the senators. I received a reply from Senator Specter's office too.

    As far as the content of the replies goes, this proves again that to a lot of lawmakers, immigration = ILLEGAL immigration. It is upto us to educate them of our plight too.

    Wam4Wam, can you call up your senator's office and speak to the immigration liaision? Explain to him that when you sent the fax to them, you had asked for considering pro immigrant legislation for legal immigrants.

    You can ask the liaision for a meeting too. We have all the necessary resources you need for such a meeting on our resources website. The CA team has been successfully using these resources. And please update this thread too so that others may learn from you

    Sometimes the senators, reps, have a prewritten document that they send out to anyone asking them about immigration reforms, that addresses the immigration issues. Notice how the reply faxes do not specifically address the issues we have raised, this is why.
    But replies from some senators and reps are genuine and they do talk about the issues we raise.


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  • crazyghoda
    06-15 02:34 PM
    If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

    OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.

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  • sobers
    02-24 12:36 PM
    ragz4u, pipped me to the post..hehe..:)

    Thanks, this is very informative!


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  • mvsreddy
    11-06 05:15 PM
    Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???

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  • MannyD
    09-07 06:36 PM
    Please respond so that we can get an idea of the distribution of EB cases.
    You have to be logged in to participate in the poll.
    Thanks to MrWaitingGC for the initiative.


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  • Sri_
    11-12 03:47 PM
    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(

    Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.


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  • phillyag
    02-12 04:02 PM
    My company is downsizing for sometime now...and I can be next.

    In that case can I move to EAD in the given situation ( as above) ?


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  • leo_loco
    10-21 08:31 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?

    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!

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  • qasleuth
    08-07 06:57 PM
    Sorry to hear your predicament.
    "Is employer legally liable for expired EAD of employee?"

    The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.

    Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
    In reality: It sounds more like they are looking for an excuse not to hire you.

    As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
    Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.


    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.

    Please help me understand if their concerns are valid and if not what is the remedy.


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  • kevinkris
    05-10 12:52 PM
    What is the source of the info? Why are you wasting your and our time..

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  • PlainSpeak
    02-23 09:00 AM
    To bring more details to my question:

    a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
    I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
    Morever my new employer will not provide me a Ac21 portability matching my labor cert.
    My role responsibility is following as per labor cert.

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

    Thankis in advance.

    The rule is that the job description should NOT change by more that 50 %. Though on the outside Lead Architect and Programmer/ Analyst/Systems, Software/Engineer/Developer look like they have different job description, you need a lawyer to tell you how much of a difference it is. My suggestion would be to shell out moeny and have a one time meeting with the lawyer to get his suggestion. Be prepared to have all talking point ready when you go to meet the lawyer


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  • cooler
    08-27 03:16 PM
    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???

    I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.

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  • STAmisha
    07-27 10:10 AM

    But here is my situtaion

    My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
    Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140

    Oprion 1

    Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC

    Options 2

    Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485

    option 3

    keep 1st 140/485 which was applied earlier.
    Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140

    option 4

    keep 1st 140/485 which was applied earlier.
    Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.

    Please advice whether all these options are Do'able and which is better


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  • Calouste
    08-01 08:06 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture

    I don't think the main goal of Ms Lofgren is to lower the fees. She tries to find out what USCIS is going to do with the extra money, something they haven't been clear about. If it was about the fees, she could have proposed this bill weeks ago. The timing (at the last day the old fees were valid) is intended to put more pressure on the USCIS, because they will have to start refunding applicants if the bill is approved and they don't provide the information asked for.

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  • anilsal
    07-07 02:15 PM
    We need to post every news article on DIGG and then as many of us as possible, should digg them.

    I think it may be possible that because of us digging a lot of the earlier news reports, smaller newspapers are picking up material.

    Go IV.

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  • gcwait2007
    10-21 12:13 PM
    I had submitted I-131 document along with I-485 & 765 on 8/1 and received the receipt notices already from TSC.

    I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.

    I have booked my travel tickets for treveling to India on 01/04/2008.

    What should I do now, to get AP (I-131) approved?

    Thanks in advance

    06-15 12:42 PM
    Most of the info you are asking is already available on IV Wiki. Please refer the relevant sections

    Dear Friends,
    Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
    One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
    I have some questions
    1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
    2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
    3. Any guidelines in order to correct the information in my original certificate.
    4. Any other vital information in this regard

    Thanks you all.

    03-17 10:43 AM
    Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
    pay some extra premium.

    wouldn't that be common sense....

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