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  • gc28262
    01-22 07:19 AM
    MurthyDotCom : MurthyBulletin (http://www.murthy.com/bulletin.html)

    Conclusion
    �MurthyDotCom
    Employers whose business model may be viewed by the USCIS as within the third-party placement are likely to face RFEs in their H1B petitions. Such employers need to review the factors set forth in the memo as indicators of control, and anticipate the need to prove control over their employees or modify their practice to incorporate the factors to establish a direct employer-employee relationship. This memo is significant to the IT consulting industry, and could disrupt many other business sectors. Absent this source of workers, the end clients would be forced to change their business models with regard to how they meet their short- and mid-term IT needs. The impact would not be limited to IT consulting companies, but would also be felt by their clients, which include many of the largest U.S. companies and even the U.S. federal government.
    �MurthyDotCom
    The Murthy Law Firm recently has responded successfully to RFEs on the employer-employee issue. To the extent appropriate, we will utilize the new memo and USCIS update as additional guidance on acceptable evidence in such matters. The memo appears to change prior, established practice and law. It is inconsistent with other federal statutes in defining the terms "employer" and "employee." A challenge by H1B employers may be required, unless the USCIS reconsiders or modifies its position. We at the Murthy Law Firm remain available to assist our clients in connection with H1B cases, including issues that will arise as the result of this memo.
    �MurthyDot





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  • wandmaker
    11-25 12:00 PM
    My H1B going to expire Jan 2008. I am not planning to renew it. My PD is current (india-eb2 2004 jan). I am planning to travel in March 2008. Do I can travel with AP, without valid H1B papers. ? Do I need to renew my H1B ?
    Please reply.

    You should have AP approved to travel in / out of USA, and valid EAD to work after your H1B expires (though you continue to work for the same employer). It is recommended to keep H1 status as long as you can, just in case anything happens to AOS - Again, it is a personal choice to renew H1B. I dont forsee any exit/reentry problem due to not renewing H1B. Good luck!





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  • whiteStallion
    04-18 04:50 PM
    Hearty congratulations...





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  • krupa
    04-04 08:58 AM
    I got RFE on 485. My attorney filed reply for the same and it reached the USCIS office on 5th March 2009.

    I observed LUD's for my I 485 on 5th and 6th March and after that from 13th to 17th March 2009 all five days continuously LUD's.

    I do not have any application like I-129, EAD or AP pending for approval and my PD is not current.

    Any clue guys?



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  • gctest
    10-04 03:47 PM
    i have a fan following...yay
    and i will keep writing "lower case i" coz it bothers you so much :D:D:D

    Guess what the latest news is :D:D:D


    gctest is a perfect jackass, think he is also a complete fraud.

    If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.

    Then he says his dependents got approved on his EB2, while his case is rotting (????:D)

    The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
    The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)

    Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.

    His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.





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  • trueguy
    08-11 02:43 PM
    I guess it has less to do with estimates, and more about looking at the landscape. If there are significant portion of responses are above your date, one might, for example, choose to initiate porting/reclassification process if one qualifies for it.


    Good thread. I am wondering the reasons for lack of response between Jan and March of 2002.

    I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?



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  • sundarpn
    06-01 10:31 PM
    Cool.

    How does one go about writing to the senator's office for an individual's case?
    Can you share how you went about this?

    thx

    Folks - another update on my case.

    As i had been following up my case with the help from my Senator's office, they requested USCIS to give a written decision on my MTR.

    Here is the written decision that USCIS gave

    "On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.

    CONCLUSION: It is concluded that the grounds stated for denial have been overcome.

    ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."

    I hope this encourages people to go ahead with AC21





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  • spdy_mn
    06-13 07:09 PM
    Jesus! That looks sooo risky. Yes indeed my PD is May 06. Now the question is what if (I know a big IF), but what if, I apply for my 485 (hoping that my 485 will be on EAD/AP for a long time) BUT my 485 gets approved rather quickly and I am not able to marry before that happens -- do I have *any* way to tackle that issue? Or would it then mean that my wife cannot come in US for n number of years after marriage?!

    Jesus Christ! Does anything happen without a twist?! :)


    Shishya, I am in the same exact boat as you are. No information in hand bro. Waiting for someone to shed light on this. Will talk to the attorney tomorrow morning.



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  • zoooom
    08-13 02:07 PM
    Mail Sent...Thanks!

    Guys we will not need to take the poll if all of us send these letters..



    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    From,

    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,
    OK-2#####

    Dear Sir/Madam,


    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories


    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.



    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.


    God Bless America!

    Thank you for you attention,


    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary Subcommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072





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  • deba
    06-13 07:48 PM
    Anybody got any idea on my situation?



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  • VMH_GC
    07-19 10:19 AM
    Message from Pappu:

    Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.


    In my opinion, we should reimburse AMAN for all the cost he incurred during last few years.





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  • nonimmi
    05-24 01:11 PM
    http://www.informationweek.com/news/showArticle.jhtml?articleID=199701809

    Chill out yaar! Nothing will happen.
    In this CIRcus everyone joker is trying to impress people. So each one comes up with new new "idea"s. They better goto the show "Big Idea with Donny Deustch" and share their stories.

    We'll see where it goes. You know whats going on for 2 years. It is just a timepass for these lawjokers.



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  • tonyHK12
    03-29 06:50 PM
    Just donated $50 for the effort. Thanks to all the volunteers in this effort.

    thank you





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  • ajmalnasar
    06-15 06:14 AM
    To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.

    Adding to the replies to other post

    (i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
    Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
    (ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
    Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
    (iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
    Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.

    Hope I answered your doubts.



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  • seahawks
    11-19 04:47 PM
    just found out, mine is pending too.. geez..





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  • pointlesswait
    05-23 03:20 PM
    looks like ur sunny side is up and its still raw!..;-) (2 posts)

    my point is: citizens matter..not voteless aliens..
    we cannot have the same game plan as numbersusa...

    all i am saying is..maybe we need a newer and innovative approach to get our voices heard.. One speaking head ..not a herd!



    Paskal, Nixtor and other moderators, please run a quick check on dbcd.
    I suspect he is same as pointlesswait.



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  • greencard_fever
    10-29 12:45 AM
    @ ndialani - Got your pvt. message. I will email you the letter to USCIS sec. Napolatino and the name of the IO at TSC.

    It's good to see that a lot of people who are not even current are proactively working on their cases and getting everything ready.

    Good luck!

    Hi Caliguy,

    congrats for getting greened...i saw you efforts and you deserve it...i am impressed and motivated with your efforst..can you share me the latter format which you had wrote to Napolatino..i would appreciate your help...thank you.





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  • anandrajesh
    02-13 04:42 PM
    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.

    Show some Courage Dude. Take up a role in your state chapter, go meet the lawmaker, Educate them on the difficulties we face, write to the reporters & highlight our issues. Contact the Core and ask for responsibilities. I am sure the Core would be happy to delegate some of the responsibilities to you.

    Why dont you do all of this, before criticizing everyone who is involved in the noble effort?





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  • gcisadawg
    04-09 03:17 PM
    not sure, but one doctor said its absolutely OK to get a TB test during preg...so we looked for an other doc...

    OK, it seems like it depends on the doctor. Anyways, i'll check with my immigration doctor and see what happens.





    h1b_alex
    04-05 04:09 PM
    @GCmuddu_H1BVaddu why is there such a hatred in ur mind against me being not an Indian
    i was just asking a simple help, and all you have to say is to find out about my nationality, never mind i never asked help from your kind anyways.

    @krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

    @PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

    @apaul thanks for your analysis paul it helps me understading the situation even more.

    to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

    Thanks to all those who have given me intelligent advise





    satishku_2000
    07-27 02:41 PM
    If the current wage is consitently higher than proferred for past 2 or 3 years, is that good enough to prove the ability to pay?