Wednesday 22 June 2011

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  • Ramba
    10-12 04:23 PM
    Your employer can do nothing about PW determination by SWA, if your employer has requested OES wage detrmination. The PW is mainly determined by the "requirements" not by "job duties/description". If the wage for your position is bargained by the union, then, your employer may counter with SWA by showing the bargain agreement to determine the PW.

    On the other hand, if your employer seeks only 3 or 4 years experience, then they may consider level 3





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  • sivananda
    03-24 04:10 PM
    Unless there is a gap of 1 year you should not be counted against cap.

    Thanks piyu7444.

    What do you mean by the above statement? Can you pls. clarify. Does that mean with in a year (Even before completing the 2 year F1 study course), I should find a H1 sponsor again fr not to be counted towards cap?





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  • vinabath
    10-25 01:55 PM
    I joined oct 2002 as developer and promoted as lead/manager in Dec 2004. I used experience and education(MS degree after joined) both for IS manager position.

    I got my labor in 57 days.





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  • jfredr
    07-05 08:30 PM
    did u get one i want my application atleast i can use medical report for one year in case it becomes current in an year (hope)



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  • radioxromance
    05-07 02:51 AM
    haha, no I'm a guy. But I do have the legs.... ;)

    Wait buy why do you ask? I bet it's another quote, and I totally missed it eh.





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  • vinabath
    03-20 04:06 PM
    How does RFE process work?

    Can they deny based on the RFE or will they ask for more RFE?

    I have included the details



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  • rag_1970
    03-04 04:19 PM
    HI! Any body please respond my question. My wife came to US on H4. After a year she paid $1800 to a recruiter and took H1B in the year 2004. She got pregnant and couldn't work. Her H1B came with an I-94 and it was valid till Oct.2007. Last May we visited India and went to consulate for stamping. As she never worked on H1B, she was again stamped with H4 and entered into US again on H4. Later she came to know that she lost her H1B status and H1B approval she has is totally invalid. Now again she wants to apply for H1B. Now recruiter is asking $3000. But still we are in doubt about H1B approval as we have the following questions. Any one please advise us.

    Her H4, I-94 is valid till Mar.23 2007. She is going to apply for H1 on Apr.2nd as Apr.1st is holiday. Is she going to get H1B approval with out I-94 as she doesn't have approved H4 I-94?

    If so, does she need to go to India for stamping?

    Is there anything we can do with our old H1B as its validity is till Oct.2007.

    Does she comes under 65K cap?

    Thanks in advance.





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  • LostInGCProcess
    11-20 12:50 AM
    WoW!! well said. I enjoyed reading your comments and quotes. I shall remember this one One dying man once said: "All my life I spend most time worrying about things that never happened to me."
    I gave you a green :cool:
    My Friend,
    People would be telling you to keep a job and just play safe. Hopping between jobs can get overwhelming and exhaust you mentally.
    My advice: Don't give a damn thinking the consequences and worrying about worst case scenarios. Go take a vacation, enjoy yourself and get a break from this everlasting conquest for better immigration status.
    Most likely you won't get a RFE, very few people get those. Even if you get one, you don't need to be employed to reply back. You can get a that letter from one of few thousand desi consultants sitting out there waiting to write anything for you.

    One dying man once said: "All my life I spend most time worrying about things that never happened to me."

    Please enjoy your vacation and when you come back reply to this thread and write "I enjoyed my trip."
    Then when you get GC come back again to this thread and write: " I got the green card, not sure what to do with it now."



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  • diptam
    01-22 01:00 PM
    That's a great input - so did you really give them any letter from new EMPLOYER ( whom you ported with AC21) which said that your future Job will pay you 150K/160K instead of 75K stated in LC
    OR
    you just gave them the paystubs when the RFE came before 485 ?

    Thanks much !

    My LCA salary was 75K/Year 3 years ago, but I submitted pay stubs 120% > LCA when I filed 485 and my petition was approved with out any issue...





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  • vinabath
    10-25 01:55 PM
    I joined oct 2002 as developer and promoted as lead/manager in Dec 2004. I used experience and education(MS degree after joined) both for IS manager position.

    I got my labor in 57 days.



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  • pitha
    02-15 12:34 PM
    The title of the thread is an oxymoron. My company is indifferent (if not happy) to EB retrogression. BTW I don’t work for a desi company, I work for a fortune 100 multinational. They took five years to finally apply for my green card. I don’t mean to discourage people from trying to get there companies support, I am just pointing some of the realities. The longer the green card process the better for them because you will stick around in the company until you get the green card. I have a lot of friends who work in blue chip companies where the company does everything it can to delay the green card filing to as long as it can. Of late I have been hearing a lot of blue chip companies including mine, say that they will not sponsor green card. This was one reason why 485 measure was so important and it could have brought a lot of benefits to people who were not able to apply for 485 because of retrogression.

    Anyway the suggestion is good. Every body do try. During CIR 2006 I went to my company HR to request faxing support for cir or any sort of support for cir. they did not do anything.



    Now that CIR is our only hope, we have to activate ourselves and work on that. It’s rightly pointed out on another thread that we need active support from employers. Some of us might have approached our employers already with requests to call/write to local congressman or support our (or other similar) organization. This thread is to share our experiences and to brainstorm on how to broach this subject with our employers and somehow make them contribute (in some way) on this issue. For smaller companies this might be a bit easy but for employees of medium and large companies this is not that easy. I recently took an appointment with SVP of our HR (who heads HR organization of whole company of size 10K employees). I explained to him the current visa delays and how its affecting us (carefully avoiding the subject of changing employers ) and how some new rules are being proposed. I mentioned about IV and Compete America when talking about which organizations are working on this. He nodded in agreement for most of my rant. At the end I requested him to call/write local congressman to support this (I mentioned SKILL bill not CIR). His response is a standard I will discuss with COO/legal and others such. But he later indicated that it’s a politically sensitive issue which company may not want to involve. I tried to explain by giving the example of how Microsoft is trying to help in some way. He agreed to discuss further but I got the impression that they will not do anything. I tried to talk on the same subject with our company immigration attorney – he gave me a blunt “you should approach appropriate company people and not me” response.

    Anyone here succeeded in convincing your employer to call/write in our support? If so what is the size of your company? And whom did you approach and how did you go about it? What were your talking points? Is it in anyway risky to approach higher ups in a company on this issue (in our company there are many people in the same state as I am; but none of them wanted to accompany me to the meeting fearing how it might affect them; I understand that position but I am wondering anyone saw a particular case of desciplenary action because of such requests) Any related info - please share.

    Note/Request/Appeal: please stick to the subject of “how to involve employers (small/medium/big) in our effort and any lessons learned in earlier attempts”. Thanks.





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  • golgappa
    07-15 04:27 PM
    what does processing time means?

    let say my application is processed..what does that means..

    Does this means,
    1. We are just waiting for the visa numbers to be available..
    2. It will not be opened anytime soon and the changes of getting RFE are very less..
    3. Switching to EAD will be safer.

    Can someone please elaborate...



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  • raj2007
    06-13 04:38 PM
    What's your old PD and what category?





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  • qasleuth
    09-18 04:40 PM
    Also when you do compaign like this that will be a more publicity. Even unknown audience also will be curious to watch what he is telling. So by negative compaign you are giving pubicity and viewers may increase and CNN will grow more. I never have a time to watch CNN. Once a while I watch only headline news. As usual we need to take good things from Media and ignore bad things if you do not want to contest. Just because once guy is humiliating by words we will not lose our self respect.


    Sure. If we were middle schoolers, we can go with that analysis.
    When some one is spewing venom, lets just change the channel. Not all viewers can form uniform opinion based on interpretation of facts. Media does not just present facts but also its own opinion. One sided biased opinion on skewed analysis is not a fair presentation. Lou's views/opinions have been debunked numerous times yet you want to "ignore the bad things" ? Why should CNN provide a platform for those thoroughly debunked views ? Unless they want to be clubbed with Fox and multitude of blogs on the internet who can say anything they want in the name of free speech. Facts or not.


    Compare what is happening in Countries Like Srilanka. People are getting killed worse than animals. But most in the world does not care. Where is the self respect?

    Exactly. Self respect should come from Srilankans in your example to show outrage not most in the world.



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  • aandrew_19
    09-18 06:04 PM
    I am wondering if after using AC21 with an approved 140, my employer(Original sponsor) can withdraw the 140? Or he cannot once I moved to another company using AC21.

    Any thought would be appreciated.





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  • sanju
    07-28 12:52 PM
    Hey evenonh1,

    Did you use Fedex or USPS or normal mail or hand delivery?

    What is the time of the receipt of your application?

    Is it AM or PM?

    Did you print the copy of your tracking mail?

    Which is your bank?

    What is your bank account no?

    What is your social security number?

    Do you have adequate funds in your account for the checks to clear?

    What if I do not have adequate funds in my account?

    Did you find the LIN/WAC number at the back of the image of your checks?

    What is the receipt date on the checks?

    When did they cash the checks?

    When did you bank clear the checks?

    Why did your bank take so much time to clear the checks?

    Do you think banks are conspiring with USCIS mail room?

    Did you mail your application packet or did your lawyer mailed the packet?

    What was the color of your shirt when you singned and mailed the application?

    Guys, can we get real and stop this insane behavior?????????????????????????????????????????? ??????????????????????



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  • widad2020
    04-05 11:18 PM
    congrats.





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  • eb2_immigrant
    06-18 06:43 PM
    I was told that my case is Pre adjudicated and it is NOT assigned to a officer yet. They could not give me information what it really means (Name check etc...). My PD is 12/05 India.

    Any reason to :) about it or does it mean nothing ....





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  • jfortune
    07-16 10:38 AM
    I'll help.





    hrushi_j
    08-19 12:03 PM
    I did some analysis for EB2 and EB3 India using as well as IV data. It provides a rough estimate of the approved and pending 485 applicants for India.


    Reading through the excel sheets, you can easily understand what approach I have used to come up with these numbers. Of course, I have made a lots of assumptions and the analysis may not be correct. I did it anyway :) .

    Here are the links:
    For EB2:
    http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdFJ5VXFOeFNJSzcxSE40Um1nQXZlQ mc&hl=en

    For EB3:
    http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdE5sQ2prMXIwaVR4ejZzWlRUemtRU 0E&hl=en





    senk1s
    03-31 12:26 PM
    In my opinion, there should be no repurcussions on immigration when filing separately.

    What is your CPA's take on this?
    FYI: I've always done jointly



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