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  • Marphad
    02-12 10:51 AM
    I support this fully. Where is all time Gandhigiri supporter "ItIsNotFunny"?

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  • santa123
    07-01 11:48 PM
    Hello IVans,

    According to Attorney Murthy on June 27, 2008,
    "It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"

    I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.

    Does anyone feel the same? any thoughts?

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  • americandesi
    03-13 05:34 PM
    This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.

    Here is an example with company X which has ability pay for up to 50 employees at any point.

    X applies 30 I-140s in 2005 [less than 50]
    X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
    X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.

    One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.

    Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.

    This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.

    Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.

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  • rajeshalex
    09-24 01:45 PM
    AC 21 doesnt restrict for future employment. Purpose of AC21 is for an employee not to stuck with an employer in case of delay in GC. In this case there is a substantial delay from USCIS and hence you can use AC21.


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  • yibornindia
    11-19 06:02 PM

    Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?

    There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?

    I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:

    Thanks all for sharing.:)

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  • qualified_trash
    05-31 02:08 PM

    this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.



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  • smuggymba
    03-15 09:34 AM
    L1 has been in use for past 12 years...and the L1 holders have been working at client sites.
    TCS never does grean cards, WIPRO rarely does, that too in 5th year of H1. InFOSYS rarely does. CTS is the one who does many H1s, L1s and green cards, green cards in EB1.
    When consulting companies are misusing H1s, why cant companies like TCS,WIPRO,CTS,HCL misuse L1s...Nobody is honest in US. Nobody is working honestly in US. Less than 1% in US are honest. And those people will be working as developer forever.

    After 5 yrs...if u have 2 project outside india - u get EB1 in Infosys (of course not all but many do).

    Do 1 project in USA and one in Europe and you get a tag of "Global Project Manager" and hence qualify for EB1. I personally know 3 ppl.

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  • cnachu2
    02-04 01:15 PM
    Yes i did. It was the same way for my dad when i was on H-1B.
    I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.

    He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.

    I hope this helps.



    I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?



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  • meridiani.planum
    03-14 12:33 AM
    I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?

    Yes, some of them do.
    And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.

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  • purgan
    01-06 11:20 PM
    What the failure to pass the Appropriations bills means to American science...


    January 7, 2007
    Congressional Budget Delay Stymies Scientific Research

    The failure of Congress to pass new budgets for the current fiscal year has produced a crisis in science financing that threatens to close major facilities, delay new projects and leave thousands of government scientists out of work, federal and private officials say.

    �The consequences for American science will be disastrous,� said Michael S. Lubell, a senior official of the American Physical Society, the world�s largest group of physicists. �The message to young scientists and industry leaders, alike, will be, �Look outside the U.S. if you want to succeed.� �

    Last year, Congress passed just 2 of 11 spending bills � for the military and domestic security � and froze all other federal spending at 2006 levels. Factoring in inflation, the budgets translate into reductions of about 3 percent to 4 percent for most fields of science and engineering.

    Representative Rush D. Holt, a New Jersey Democrat and a physicist, said that scientists, in most cases, were likely to see little or no relief. �It�s that bad,� Mr. Holt said. �For this year, it�s going to be belt tightening all around.�

    Congressional Democrats said last month that they would not try to finish multiple spending bills left hanging by the departed Republican majority and would instead keep most government agencies operating under their current budgets until next fall. Except for the Pentagon and the Department of Homeland Security, the government is being financed under a stopgap resolution. It expires Feb. 15, and Democrats said they planned to extend a similar resolution through Sept. 30.

    Some Republicans favored not finishing the bills because of automatic savings achieved by forgoing expected spending increases. Democrats and Republicans alike say that operating under current budgets, in some cases with less money, can strap federal agencies and lead to major disruptions in service.

    Scientists say that is especially true for the physical sciences, which include physics, chemistry and astronomy. When it comes to federal financing, such fields in recent years have fared poorly compared with biology. The National Institutes of Health, for instance, spend more than $28 billion annually on biomedical programs, five times more than all federal spending for physical sciences.

    For 2007, Congress and the Bush administration agreed that the federal budget for the physical sciences should get a major increase. A year ago, in his American Competitiveness Initiative, President Bush called for doubling the money for science over a decade. That prompted schools and federal laboratories to prepare for long-deferred repairs and expansions, plans that appear now to be in jeopardy.

    Among the projects at risk is the Relativistic Heavy Ion Collider at the Brookhaven National Laboratory in New York, on Long Island. The $600 million machine � 2.4 miles in circumference � slams together subatomic particles to recreate conditions at the beginning of time, some 14 billion years ago, so scientists can study the Big Bang theory. It was already operating partly on charitable contributions, officials say, and now could shut down entirely, throwing its 1,069 specialists into limbo.

    �For us, it�s quite serious,� said Sam Aronson, the Brookhaven director. For the nation, Dr. Aronson added, the timing is especially bad because the collider has given the United States a head start on European rivals, who hope to build a more powerful machine.

    �Things are pretty miserable for a year in which people talked a lot about regaining our competitive edge,� Dr. Aronson said. �I think all that�s stalled.�

    Another potential victim is the Fermi National Accelerator Laboratory in Illinois, where a four-mile-long collider investigates the building blocks of matter. Its director, Piermaria Oddone, said the laboratory would close for a month as most of the staff of 4,200 are sent home.

    Congress and the Bush administration could restore much of the science financing in the 2008 budget. Scientists say it would help enormously, but add that senior staff members by that point may have already abandoned major projects for other jobs that were more stable.

    Other projects affected by the budget freeze include:

    �A $1.4 billion particle accelerator at the Oak Ridge National Laboratory in Tennessee meant to probe the fine structure of materials and aid in cutting-edge technologies. Its opening might be delayed a year.

    �A $30 million contribution to a global team designing an experimental reactor to fuse atoms rather than break them apart. Controlled fusion, if successful, would offer a nearly inexhaustible source of energy.

    �A $440 million X-ray machine some two miles long at the Stanford Linear Accelerator Center in California that would act like a microscope to peer inside materials, aiding science and industry. Construction, begun last year, would slow.

    �It�s pretty bad,� said Burton Richter, a Nobel laureate in physics. �There�s going to be another year of stagnation. That hurts a lot.�

    The National Science Foundation, which supports basic research at universities, had expected a $400 million increase over the $5.7 billion budget it received in 2006. Now, the freeze is prompting program cuts, delays and slowdowns.

    �It�s rather devastating,� said Jeff Nesbit, the foundation�s head of legislative and public affairs. �While $400 million in the grand scheme of things might seem like decimal dust, it�s hugely important for universities that rely on N.S.F. funding.�

    The threatened programs include a $50 million plan to build a supercomputer that universities would use to push back frontiers in science and engineering; a $310 million observatory meant to study the ocean environment from the seabed to the surface; a $62 million contribution to a global program of polar research involving 10 other nations; and a $98 million ship to explore the Arctic, including the thinning of its sheath of floating sea ice.

    Missions at the National Aeronautics and Space Administration are also threatened, with $100 million in cuts. Paul Hertz, the chief scientist at NASA�s science mission directorate, said potential victims included programs to explore Mars, astrophysics and space weather.

    Physicists said a partial solution to the crisis would let the Energy Department do what it wanted to do all along for 2007: move $500 million left over from environmental cleanup accounts into the physical sciences. That would require Congressional approval but no budget increase.

    Raymond L. Orbach, the department�s under secretary for science, in a recent statement seemed to call for such legislative relief.

    �A yearlong continuing resolution takes away many of the opportunities for advancing science,� Dr. Orbach said. �We urge Congress to continue critical investments in America�s scientific leadership.�


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  • gveerab
    09-12 05:19 PM
    Last month I filed using E-file system and got the AP within a month, I am very happy with E-file system. I used for both EAD and AP. Some people said we need to give fingerprints, if we file using e-file. But I didn't receive finger print notice.

    Below are the answers for your questions

    1) AP is a permission to travel, if you are not planning to travel plans need not renew. But it's good idea to renew, for emergency purpose. You need not worry about expiry date, it's not a Visa. EAD also same, I applied after my first EAD expired and got the new EAD.
    2) I am not sure about your second question, but if you use e-file,system will take care for u.
    3) You need not enter Attorney's name, you need to enter your name in self filing section. All the future communication including approval and receipt will come to you.


    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.

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  • lskreddy
    08-14 12:05 PM
    all the best to you! If you are serious about this, then you may want to go easy on visiting iv and start checking out:

    I spend a few good hours a week on that site. :-)

    Some of the writings are pretty motivating...


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  • gc_check
    02-04 12:16 PM
    Yes, I did get 10 yr multiple entry visa for my mom. Sponsored my mom for visa in late 08, Dad no more, and was very worried since she is a widow and couple friends mom's visa was denied with similar circumstance. I'm on AOS, also used AC21. Did included all the documents, including copy of EAD, 485 RN and EVL from current employer. My mom works for central govt, in addition to docs I submitted she also took a NOC from her office and also a leave approval showing 3 months leave and copy of document showing property (only home) ownership in India. But nothing was asked/reviewed except a couple question about the sponsor(me) like work, duration of stay in US, last time in India, etc and was issued a visa. Ensure the paper work is done correctly and placed in order. The better the paper work, fewer the questions. Good luck.

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  • ragz4u
    04-11 02:09 PM
    Bumping this thread. Only a handful have sent an email to us. Other folks, please consider volunteering


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  • ivgclive
    04-23 06:09 PM
    I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
    Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.

    You are most welcome.

    Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.

    It is like "I filed I-485 last week, anybody on the same boat".

    Wait for few days, get the letter, read it, understand and ask questions.

    Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.

    Go ahead.

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  • txh1b
    04-14 05:02 PM
    It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.


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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.

    Just to remember


    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck



    My Profile
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)

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  • xyzqwer
    01-23 07:12 AM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck

    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

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  • sledge_hammer
    04-13 02:17 PM
    What line of work are you in? Either send me a PM or post here.

    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.

    08-02 05:55 PM
    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?


    Same day passport collection - you gotta be lucky to get it on the same day.
    Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.

    You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.

    06-20 02:48 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.


    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.

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