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  • I was on 5th year

    Sorry Shana,

    I am a bit confused now, are you in your 5th year extension?.. In which year did your H1 expire?.


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  • This is their projection for coming months:

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two weeks

    Mexico: although continued forward movement is expected, no specific projections are possible at this time.

    Philippines: three to six weeks

    Deja Vu!!!

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  • What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????


    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."

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  • Your are thinking under two assumptions:

    1. There is nothing left for innovation in the tech field. so no new job creation is expected in the future.

    2. There will be more supply of tech workers which will surpass the job creation rate (if in any amount) thereby depressing the wages.

    who is to know that your assumptions are correct? :confused:

    Whereas the reality is the job creation has been exponentially growing because of emerging technologies and the will to immigrate to US is surely on decrease and add reverse brain drain to it. So for next 5-10 years it will become increasingly difficult to find talented people as they will be evaporated from the market because of 65K H1B cap for last 3 years and a huge outflux of talented professionals.

    I said this before in my previous posts and i will say it again. I you are worth your salt and know what you are doing, you will be worth your weight in gold in coming years. Stick to the fight and get your GC. :cool:

    (BTW, for these opinions, i am inspired by a recent book i read on globalization- The world is Flat by Thomas Friedman. I think it shall be a must read for every H1B to GC applicant)


    With the current rate of outsourcing happening around in US and the rate of influx of temporary workers coming in on mostly L1 and may be few on H1 B Visas every year through the outsourcing companies , i am sceptical about the future of GC aspirants. With the way of GC processing happening which are caused by restrictions /policies of governing bodies and no sight of positive relief in near future i am little apprehensive about the future.

    I feel that there might be no areas that are not impacted by Outsourcing boom . Most of the companies that i see and my friends work ,i see many of the operations are outsourced or planning in place to get outsourced.

    with the current rate of outsourcing and subprime mess which may cause slow down in economy , i am not sure if there would be any positions to support our AOS , when our PD becomes current. Some times i think , the fight for GC is even worth it.

    Every one feel free to post your views/opinions/Analysis on this topic ....

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  • Papu,

    The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.

    It would be really great if IV can contact USCIS and get an official guideline on this topic.


    There are ppl who moved 2 or 3 months after getting GC and have got their USC

    AC21 N400 Cases - 2010 (

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  • Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;

    Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.

    Pay stubs are for the current job, whereas GC is for the future job. You will need EVL fom employer. I suggest that you talk to YOUR attorney and he/she will tell you that.

    However, you can get EVL on the pretext of visa stamping, Drivers License renewal etc. Making your next move tactfully.

    Somehow, I do not see any good reputation for Desi Consulting Company on these forums. I worked for non-Desi company, so I am not aware of all these politics.

    Not a Legal advice.
    Premanent Resident since May 2002

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  • RD - July 23. Haven't received FP notices for me and my wife. Received EADs. eFiled AP - got my receipt but not my wife.

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  • I am planning to move India permanently this year end,
    What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.

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  • Yes, the video was submitted by mbawa2574 before. I also felt better after watching the news on a national TV. I think finally our problems are getting some attention. With the San Jose rally, Flower campaign and hopefully rallies in other cities (which should happen sooner before this issue dies down), we have a very good chance of getting a positive outcome.

    It was for about 2 minutes. The first time this issue got TV coverage I guess.

    Anyone captured it on video?

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    He says.........
    It doesn't really add anything new. It is more of a summary of prior memos and some thoughts on the latest DOL regs than anything else.

    finally it turned out to be a whole buncha nothing.....

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  • Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.

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  • I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?
    well you guys are the kings of jumping ahead of the line using labor can any of us be knowledgable on the unitednations or ppl like him who "help" the skirters of the law.

    svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.

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  • Bhai, Please read his previous post. He admit the thing. No need of a witness. He himself wrote in IV.
    misdemeanor charge and green card


    I may be charged with Misdemenor Class A for Domestic Battery around 15th of Nov/1st week of december(Court Dates).
    Am I screwed for green card? I applied for 485 in July, got EAD.

    Will there be a Deportation process involved? I am prepared for the Worst hpoing for the Best...

    Guys, need your advise....

    The Charge sheet is on Class A Misdem..

    This is my first offense.. I have not had any offence at all...

    Will being on Probation cause a issue. I spoke to my Immigration lawyer.. he said I will be called for a Interview...
    He asked me to tell the Criminal Lawyer to try to get supervision. but he said not to plead guilty...

    When I relayed the same to my Crim lawyer,, he said it will be difficult to get Supervision if we plead not guilty...

    So does it mean Misdemeanor does not qualify for Deportation?

    I am cofused whether to plead guilty or not...

    Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...

    Looks like you already received GC and you have great & lot of time to get into other issue.

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  • I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.

    Maybe your I140 was withdrawn by the company A.

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  • This is my first post so forgive if I am not in the right place,
    But I have situation where in I need your inputs to decide.
    I am working at a clients place and they willing offer me a full time position.
    My Labor is approved Oct 2007 and Filed for I-140 receipt pending.
    In this situation should I change my job or should I wait for I 140 to be approved or wait till I apply for I 485 , but as you know the priority dates have retrogressed for EB2 and I heard that they will be unavailable shortly.
    I always wanted to get a full time right from my Masters but ended up as a consultant as I had to get my H1 done.
    Please Advice!

    You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.

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  • After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.

    All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...

    I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities

    Perhaps it is wise only to dream....

    The desi companies, while their methods may not be employee friendly, also add value in the chain and that is why they exist. So I don't know what you mean by "actually make something".

    And no I don't own or am affiliated to one.

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  • Ehmmmmmmm ..............:whistle:

    True. Sorry.

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  • Very good initiative.

    I will be sending the following note to my senator and have already posted it to I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

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  • Hi Shirdibaba,

    Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.

    1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.

    2. Find out from attorney if he charges any fee for this. If so please don't go with him.
    take an info pass and find out the details.
    This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)

    Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.

    This is my guess.
    Since Visa number is not available USCIS is using the term "Inadmissible at this time" That means simply not approvable because PD is not current.

    When we got our green cards they use to stamp the passport with seal "Admitted on "

    PD: May.2004
    Name Check pending.

    E filed : July 1 2008
    FP : Aug 28 2008
    CPO : Sep 3 2008

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