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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??


    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??


    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.

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  • sc3
    07-14 04:21 PM
    People in Eb3 visa are not our enemies most of these people are our friends. We all have friends in both categories suffering. The issue exploded because of the contents of letter drafted by pani_6. It was pitting eb2 vs eb3. We all agreed all along that entire immigration system needs to be changed but here we have a letter that says dont give visa's to eb2 because we are not getting any. That I feel is unfair because all these days these spill visa's were going to ROW and people like pani_6 were perfectly happy but once their friends from eb2 (Ind) started to get them he was crying fowl.

    I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.

    And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.

    Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.

    IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.

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  • gapala
    06-05 08:03 PM
    If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.

    And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.

    Do not take that snipet out of context.. Innovation, research and development, that you have talked about was in the past. Do you know that Boeing has a R & D Lab in bangalore? So does many globals.. They are already doing modelling and simulation at those centers :). When they made it difficult for innovators to get here.. jobs left US to go to innovators.. .Same will happen with Technology soon :)

    By the way, all those your points are valid but will have a negligable impact on Housing market or economy in short term.. atleast until next cycle.. Unless US reform immigration policies for a 21st century knowledge revolution.. create well paid jobs for best and brightest in the world right here.. who can earn, spend and not borrow.. (EB category) ... Housing problem will also resolved... But US is lagging way behind. this is my opinion as Obama Administration has not thought so far beyond providing food coupons, housing rescue and medicare... Based on what is on the card, there will be lot of blue collar folks... nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

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  • GCwaitforever
    07-17 06:22 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    Members of Immigration voice are already on H-1B and would like to become permanent residents. Family members come on a dependent visa H4. H4 numbers are not counted in the overall H-1B numbers as H4 dependents can not work. H-1B numbers do not have any country specific quotas and already exclude spouses and dependent children.

    Increase/decrease in H-1B numbers should be market-driven. This is my personal opinion.

    The bigger concern is becoming a permanent resident. Green card numbers are limited. There are country specific quotas. Spouses and children are counted in the total numbers. Because there are more H-1B people from India and China (mostly graduates of US universities or come on H-1B directly), the queue is longer for these people and it takes even longer to get a VISA number for these folks.

    Instant Green card is the Utopia. There are other practical solutions for this problem. I listed them in sequence of my personal preference. Others may choose differently.

    1. USCIS processing efficiency: Many of the delays are due to USCIS and related agency processing capability. If we speed up this and increase effiiciencies, the wait would be lesser.

    2. Allowing to file for Adjustment of status (I-485) without current priority date: This gives the employees a work permit and makes it easier for their spouses to pursue their own ambitions. After six months of filing for I-485, the employee is a free bird to choose different employer, for a similar job position.

    3. Pre-adjudication of Greencards: This completes the ordeal of USCIS paper maze even when VISA numbers are not available. Applicants will get Green card when the VISA number is available and in the interim they will get the work permit.

    4. Recapture unused VISA numbers: For the past ten years, USCIS never used up VISA numbers allocated per year because of processing inefficiencies. They should be recaptured and applied to the people waiting in queues longer.

    5. Not counting spouses and dependents: When they come into this country, spouses and children are not counted in H-1B numbers. It does not seem logical to count them against VISA numbers while giving permanent residency. Spouses and children should be skipped from this count.

    6. No country based quotas: Again the same argument. When H-1B holders come into this country, they are not discriminated by country of origin. While applying for permanent residency, they are in strict quotas. Why put this restriction for Employment-based immigration? It is not logical and there should not be any country specific quotas.

    7. Exempting STEM: This is in the SKIL bill under consideration. Those with Ph. D, and Masters in Science/Technology/Engineering/Mathematics are allowed to adjust their status without waiting for VISA numbers.

    8. Increasing VISA numbers: This is a quick fix solution. What guarantee does it give that we do not find ourselves in this immigration mess again after five/ten years?

    If AFL-CIO supports these initiatives, it would be great for the cause of Immigration voice.:)


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  • sumanitha
    01-07 06:23 PM
    Dear Rayyan..

    I dont know if you are a male or a female...

    One thing you need to know is there is no wrong to worship male's organ.. If that doesnt work.. no matter what.. your l(w)ife is sucked..

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  • waitnwatch
    08-06 02:05 PM
    Ha ha ha ..................

    I just got a red dot with the following comment for explaining what INA and CFR are

    "Why ar eyou after BS + 5 years exp?"

    To the person who served up that comment ........I'm not for or against anything or anyone. I am just trying to put a legal and logical basis on the discussion. I think everyone working hard in the US deserves to get their green card sooner than later. This discussion will not influence USCIS in anyway so we might as well try to hone our arguments and thrash out the logic instead of lambasting each other on a personal level. I guess all of us here are educated enough to do that.


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  • ssa
    07-14 02:13 PM
    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...

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  • apt7
    05-16 12:04 AM
    What will happen to the hundereds and thousands of consultants working in firms like Mircosoft, IBM, JP Morgan, Oracle etc and all the other big and small firms? I bet there will be no more BAUs (business as usual) in the all those companies..


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  • desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.

    Not a legal advice.

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  • senthil1
    04-07 11:35 AM
    If H1b quota is increased last 2 years it could have done easily as quota was reached much before the start of year. Without union support same thing is going to happen this year as last year. IV members has to wait years to get gc. They will use H1b as shield to gc reform and no one will get anything. Possiblity is H1b and GC provisions can be passed without much visiblity when CIR is passed. Majority of US people does not want unlimited immigration in any section whether legal or illegal. Opinion polls show that. US people wanted moderate increase in immigration and that is reflected in congress but pro immigrants want unlimited number in legal and illegal. That is the problem

    I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.

    This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.

    Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.


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  • qasleuth
    03-31 10:29 PM
    did u mean to say 2007 or 2009 on your receipt and notice dates?

    sorry...:eek: 2007

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  • yabadaba
    08-11 01:43 PM

    you will have to type in cable news in the employer name box

    and change the state to Georgia


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  • Macaca
    11-29 08:43 PM
    Breaux to leave Patton Boggs to start own firm with son ( By Jim Snyder | The Hill, November 28, 2007

    Former Sen. John Breaux (D-La.) is leaving Patton Boggs to form his own firm with his lobbyist son, John Breaux Jr.

    Breaux has worked at the lobbying firm since retiring from the Senate in 2004. He said in a statement that he may continue to have an association with the firm, which was co-founded by fellow Louisianan Thomas Boggs.

    �Tom Boggs and the Patton Boggs firm have been a professional family for me since I retired from the Congress almost three years ago. It has been a rewarding experience in which I have learned a great deal from my colleagues, who are also my friends, but the challenge and opportunity to start a new business with my son is something that I cannot pass up,� Breaux said in a statement sent to Patton Boggs employees.

    Breaux and Patton Boggs were continuing to discuss how Breaux could continue to serve as counsel and provide strategic advice to the firm, according to the statement.

    Breaux�s announcement comes two days after the surprise retirement of Sen. Trent Lott (R-Miss.), who is expected to begin a lobbying career. Some lobbyists have speculated that Lott and Breaux, both known as dealmakers in the Senate, might go into business together. Lott�s son Chester is also a lobbyist.

    Chester Lott told Bloomberg News that his father was considering lobbying with Sen. Breaux, and said the two have a �great relationship.�

    Thomas Boggs praised Breaux in a statement announcing the former senator�s departure: �We have all benefited immeasurably from our personal and professional association with John, we wish him well in his new venture, and look forward to continuing our personal friendship and professional collaboration for many years to come.�

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  • pappu
    06-07 12:06 PM
    There is some excellent information on this thread. Pls add it on

    as well
    There are some new Miscellaneous topics created in the wiki. Please help us by adding content in those titles as well so that this valuable information helps everyone. Do add links to relevant IV threads wherever possible.


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  • bharol
    01-06 11:26 PM
    Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion.

    There is a reason for that. The organizations which claim responsibility for such attacks have names like Jaish-e-Mohammad, Lashkar-e-Taiba, Deccan Mujahiddin... Now I don't have to explain the meanings of their names. Then they say they are doing Jihad!

    Why would somebody not call them Islamic terrorists?

    Now that does not mean all followers of Islam are Islamic-terrorists.

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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?


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  • Refugee_New
    01-07 10:56 AM
    Satan (Lucipher) is trying to take people from god. He will not repend. He is taking more followers evry day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

    This is what your so called peaceful religion preach? And you blame it on my religion?? How funny it is?

    No matter what you believe and where you belong, its your deed whether good or bad that will decide your destiny.

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  • Refugee_New
    01-06 04:37 PM
    Slow down chief, not so fast.

    There are two ways to give coverage to an issue. One could be decided based on how many people are affected, second could be based on how may people care for that issue.

    Exactly, its about how many people care about the issue. This doesn't bother/don't care attitude is what making people angry. If you care death of 4 people and don't even bother to care the death of innocent school kids, then there is some problem with people who claim to be peaceful and peace loving nation. Its called double standard and hypocrisy.

    There needs to be correction in your post. When Pakistanis terrorist attacked mumbai, world community blamed Pakistan and not the entire muslim community.

    The problem is, the way muslim community responds to such world events, due to the sense of the guilt of their twisted belief system, they think that the world community is blaming every muslim, but that is actually not how the world community responded. Also, because of the urge to defend terror attacks by a terrorist, muslim community tends to justify terrorism and terrosit attacks. We saw many "educated" (HIGHLY SKILLED) members, who were apparently muslims, on this forum justifying terrorist attacks conducted by Pakistani terrorist who happen to be "muslims". Because, the overriding factor for a lot people following islamic faith is the religion of the person performing the bad deeds. And if that person happen to be a muslim, most of you guys tend to justify bad deeds including terrorist acts. This behavior results in world community responding to you in plain and simple terms that terrorist sympathizer is encouraging more terrorism and hence you perceive that expression as if the others are branding your entire community as terrorist, but again, this is not true either. Its the direct result of your sense of guilt and your urge to be terrorist sympathizer.

    Exactly, its about how many people care about the issue. If terrorists kill innocent civilians, first thing they'll say is "Islamic Terrorism". Don't tell me media around the world didn't use this term. Anything and everything blamed on religion and people following the religion. But When you kill muslims in hundreds, you won't say even a single word.

    Don't tell me members of this forum didn't blame muslims and their faith.

    Its your twisted belief that all muslims support terrorism or they defend terrorists. Its your twisted belief fed by biased media and biased religious and political leaders. I won't blame you.


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  • Refugee_New
    01-07 05:09 PM
    You know what is your problem?
    From Ottaman, Genghis khan, Temur, to recently Laden all did terrorism to innocent people. When any person or nation protect this terrorism, you guys calling them terrorist!! Bush senior and Bush junior punish terrorist act, you are calling them terrorist. When Israel give answer, you are calling terrorism. When Narendra Modi react against Muslim terrorism, you calling him Terrorist. You guys only like people who don't give answer like current Indian government.

    Before blaming muslims try to understand the fact and know atleast a little history. When you have time just read this.

    news article written by Oxford professor of international relations Avi Shlaim served in the Israeli army.

    07-14 10:10 PM
    why did you not sue your employer saying that he improperly filed the petition in EB3. you should have done it long time back and you can still do it. If you do not want to do it, you should have switched employers and refiled in EB2 with a different employer. personally I do not prefer to work for any such employer who does not understand the true value of your skills. such isolated experiences are not a justification for circumventing EB preference laws.

    Why do you write 'I know this mess is depressing for EB3 folks' ?
    Is IV not with Eb3 folks? Or are they not important.

    Let me clear somethings.
    Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.

    What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
    Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.

    So, why would you not fight for us?

    If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?

    Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.

    08-05 07:42 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.

    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...

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