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  • IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public.

    Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!

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  • :) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...

    Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...

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  • I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.

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  • thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

    Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.

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  • Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.

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  • Hi
    Does any one have contacts in websites like, so that we can put a banner and advt many companies when they lauch new products they put it there. For Eg Airtel similar to Reliance India call, has put a banner on

    What makes you think that they will do it for free? Unfortunately, I tried contacting some websites. I couldnt elicit a resposne even. their prominent audience are outside of India and in Indian cities. How ever they dont seem to be concerned. We might need some back door connections for these people to get their attention and spread the word.

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  • find another job..and restart ur GC..
    apply for the time it gets approved..u may be eligible for 140 per the new rule...

    but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...

    i think you are cutting it tooo close..pal!

    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?

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  • I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa

    The day you file your I-485, EAd/AP is your Receipt date.
    You can change employer without jeopardizing your I-485 process after 180 days of Receipt date.
    You get EAD/AP in a few months from receipt date
    you get your GC once your I-485 is approved which could be anywhere between 6 months and 6 years depending on one million factors..

    Don't know what happens once your Gc is approved.. I heard it's good to have it, so I'm running after it like everybody else :)

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  • Her 485 has been filed FOUR years ago sir.

    She is NOT in H4 status anymore the day your I-485 is approved.

    She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.

    Consult a good attorney asap.

    Not a legal advice.

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  • It might be difficult to switch to F1 from H1, especially after getting into the greencard process. Since the F1 visa is a non-immigrant type, you might need to demonstrate that you have no intention to immigrate.

    Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.

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  • I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.

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  • Hi Cool Blues,

    My case is also similar to yours. I also received denial today without RFE. Can you plz mail me to lreddi123@@@@@gmail so that we can discuss more . Consultancy name starts with letter

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  • In case his I-140 was approved then there are no problems for this scenario right?

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  • Thanks for your response ...

    contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.

    so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?

    Hope it is clear for you ....

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  • Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.

    My PD is Aug 06 .. post yours :-)

    Can we start one for EB3 - India too?

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  • I have similar question. My visa on the passport has expired in Dec 2005. But we have valid h1 extention approval. what I have to select for the question "Are you applying for same visa class that expired in the last 12 months?"
    'yes' or 'No ' for this question.

    If I select 'no' it is not showing any appointments dates :confused:

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  • True, it covers only Citizenship (naturalization) applicants. However, it's worthwhile to explore if this lawsuit can be extended to cover GC applicants or ACLU is willing to file another for GC applicants too . It may provide a chance to those on IV still stuck in Namechecks.

    Class-actions may be slow, but they provide benefits to all future GC applicants (if successful) unlike WOM cases which benefit only the applicant.

    ACLU Press release -

    ACLU Immigrants rights project E-mail -

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  • Why not?
    We have nothing to lose....a similar effort was passed last time when Clinton had left office......also the CHC might not whine this time as they will have the senate pretty much behind them next yr to do what they want.....
    Also they might actually want us now out of the line if the illegals are supposed to line up next........

    the job as an USCIS IO seems nice after getting my GC.....:rolleyes:

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  • Idea is good. But, I can see the rows being edited every now and then. So, how secure is the data really?

    It is not secure, all forum people have access to it.

    damn! i have the same issue. will u pls post the answer when u have it.

    my laywer doesn't know what to put and my employer is not cooperating!

    I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...

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