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Regardless of the nature of the outcome from USCIS, I think we should all take 5-10 minutes out of our busy lives and all the "predicting" and dash off a quick note of thanks to Congresswoman Lofgren

Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)

im sure you can come back if you drive into Canada because your I94 will still be with you.

How u know that the chances are 95%? Why can't it be 5%? :D

Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)

Most of us might not be working for contractors / body shoppers like this but it is definitely for our own good to investigate these incidents in detail. We have to somehow find out the grounds on which these individuals were deported.
If these are the result of FEAR or "imagining" that their entry will result in US job losses then it is "utter ludicrous and idiotic". In fact the opposite is true. The pseudorecovery that we are seeing now is not genuine. The basic thing that has to happen is reduction of wages and increased availability of qualified people here.
Again we have a saying in "malu", "There is no point in chanting vedas into the ear of a buffalo that is taken to be slaughtered". If only they realize that admitting more qualified people will stabilize the wages and prevent offshoring.
I am upset not at these deportation but at the "idiotic" thought behind them; "keep them out and we can have more jobs and better pay"

let them work .. now EB2 is current.. we all will get GC slowly

I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?


There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

I'm assuming that you are from India and therefore don't need any visa to work in India.

Great!! It is very good for IV's and our future!

that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!

Hi
we are also on same boat

but I did not find any college [small/medium/big ] which are offering MS program for below 6k including all.. I found few colleges who are offering at 6k, but their degress are not valid in INDIA/USA as they looks like diploma mills.

In a 4 months search I found one college [regionally acredited], which will cost 13k including every thing.
I found one more state college which are offering MS in computer science for 12k
These two colleges help us to transfer visa to F1 and chances to get work permission in 4 months [part time]

bottom line is: if you find any college [regionally acredited, not online university] which are offering masters program between 6 to 9k, please update me through this post

Thanks
Ravi

thanks for the info .. i think i will schedule a medical appt for dec 10th.

Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.

My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php

My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.

They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.

What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.

Appreciate your help,
thanks!

until I started tracking some immigration debate's this year.

Congrats. Enjoy your GC. Do pray for us and continue to support our efforts.

I have been with the same employer for over 8 years. I am sure it will be 9 years before I get my GC. I am very happy with my employer and want to continue with them after I get my GC.

I have now created public spreadsheet for the status of the people on this forum. You do not even have to login to be able to edit it. The url is as follows:

http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en

I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.

How to add an enty?
it does not let me.

The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.

**********EDIT:
Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA

To view the complete data, please visit the link : i.e.

http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.

Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.

You can add your own row at the end . Also please please do not sort the data.

Hi,

We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.

I have two questions with regard to Experience letters -

(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...

(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.

I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..

I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.


Thanks and Regards,
PVGanesh

www.dbdsqd.com - a very simple site for a soldier of fortune clan, the bevel style was used at the client's request. Utilizes php and text files for the shoutbox. Since this site isn't really "dynamic" (no admin section), it only cost the client $50 plus $20 for a year of hosting.

I think then they go for a conference and agree upon a common point if not nothing is passed

Well, in the middle of negative comments, I have something positive to add here.

I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.

In any case, I have following comments/solutions for you:

1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".

2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:

If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.

If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.

Above applies to all the dependents as well.

3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.

Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.

So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....

Good Luck.

USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.

Go back to India, that is the best option in this kind of difficult times.