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  • krishna.ahd
    11-27 12:59 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Yes , as you are the one negotiating the deal (rate) on W2 or PERM with future employer and removing the agency ( your original H1B sponsoring compnay) between you and client, you should able to get better rate/salary. Again all depends on location, your experience and technology you are in.
    Good Luck.

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  • neelu
    09-15 03:32 AM

    I apologize in advance, if I should have posted in a different thread - if so please let me know and I can post there (and admins can delete this one).

    My priority date from Perm is Feb 2006. But I have an earlier priority date of Jan 2005 (I-140 approved). I dont know if that earlier date has been applied to my I-485 (which is based on the Perm labor). My case is in NSC.

    After seeing the October VB (acc to which my RIR PD becomes current in Oct), I opened an SR to see if they interfiled my two cases. I got a letter in the mail from USCIS, but no reponse in it to my question. Instead it states the following:

    "The status of this service request is:

    Your case is currently being prepared for review. If further information is needed, you will be contacted. Continue to check the USCIS website for case status updates."

    A few questions:

    1) What does "being prepared for review" mean? Should I expect more RFEs? We had responded to Medical RFEs in April this year.

    2) How can I make sure that my two cases are combined?

    3) Is there any preparatory action I can take before October 1st?

    I would appreciate your comments and advice on the above.

    Thank you in advance.

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  • logiclife
    07-13 11:49 AM

    Dear Members:

    Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.

    Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times ( and Washington Post ( on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.

    This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.

    Peaceful protest march by Legal Immigrants in San Jose, CA.

    The New City Hall
    200 E Santa Clara St
    San Jose, CA 95113

    Saturday July 14, 2007

    11:00 am To 2:30 pm


    11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.

    PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: ( )

    1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
    2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
    3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
    4) 2:30 PM: back to City Hall


    1) Abide by the laws.
    2) Stay on sidewalks.
    3) Follow traffic rules, show courtesy to other pedestrians.
    4) Do not block building entrances.
    5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.

    Plenty of water, snacks and sun block (if needed).

    Do not bring your own signs. We will have banners and signs ready for you.


    IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.


    Immigration Voice Core Team.

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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.

    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wi the wait through the USCIS process for other work visas.

    More... (


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  • sgorla
    01-29 06:37 PM
    You should not have any problem at the port of entry as long as you have a valid H1B visa stamp in your passport, and have a new H1B approval notice from the new employer.

    I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..

    Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?

    please let me know what all document etc I should carry during re entry?
    appreicated your help.


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  • Nitu Singh
    06-12 07:31 PM
    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!


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  • jvordar
    07-09 07:09 PM
    I140 copy is useful to argue that your extension is based upon I140 but is not absolutely required.. i was in the same situation abt 2 months ago.. my new employer was asking for I140 copy but then they filed with just the receipt # and stated that the copy is not available. i got my h1 transfer approved without any issue.. it all depends on the officer who is handling your case.. sometimes some officer thinks that it is your responsibility to provide everything, sometime some officer just looks up in their system with the receipt # provided.. but according to the lawyer from my new company they have never heard of the case where the transfer is rejected just coz the I140 copy was not provided
    my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
    hope this helps..

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  • punjabi
    07-27 02:10 PM
    Thanks for sharing!


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  • SertTurk
    07-19 01:59 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"

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  • sledge_hammer
    04-18 01:15 PM

    No need to worry if your employer is consulting company. If so, then in reply to USICS mention that you are employed by employer, but works/worked on different client sites for them which are in different states.

    Keep all your previous LCA ready or better attach copies of all with your reply. Not a big deal.

    I think its not a difficult RFE to respond. Consult your attorney for formal reply.

    @waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.

    @OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!


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  • vavuvya
    11-04 01:48 PM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.

    Thank you very much for your reply.Usually howmany it will take to get the I-140 receipt number once it has filed.My 140 has filed under premium processing in few days ago.

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  • rayoflight
    05-05 04:07 PM
    Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.


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  • kiran24
    06-25 11:52 PM
    I went to the doctor today and got my medical report. I posted the docs to my attorney too !!:)
    Everything was fine.
    Go to desi doctor for medical exams.

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  • saint_2010
    07-11 04:33 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.


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    04-26 11:03 AM
    You definitely need an attorney's representation. Dont waste time mulling over it as more time you waste, bigger the problem.

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  • kshitijnt
    01-23 04:32 PM
    I had written senator Feinstein about retrogression sometime last year. A response came 2 weeks later:

    "As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****

    True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.

    Senator Boxer had replied

    " I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"

    Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...

    That's certainly a lot better than the "spam" i got from Senator Feinstein.

    I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.

    Hardly a huge surprise, but I'm writing back


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  • kprgroup
    07-20 12:37 PM
    Background OF Myself

    Worked for Company A from 2003 to 2008.

    Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    Employer A revoked 140 which triggered 485 denials in October 2008.

    Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    Now Will I able to renew my H1B? Using pending 485 more than 365 days?If so will able to get 3 years renewal?

    Will the past 140 revoke issue, trigger any RFE?

    When I send my all H1B renewal papers, do I need to enclose my 485 receipt copy? or also the MTR(Motion to Reopen)copy?


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  • goldbuckle
    March 14th, 2006, 10:29 PM
    I started shooting rodeo last year with my Nikon D70. The lighting at the rodeos I am shooting is very poor. Last year I shot with a Tameron AF Aspherical LD 28-200mm f3.8 to 5.6. I was able to get some good shots but mostly I was disappointed. I shot up to 1600 ISO in manual, with the lowest f stop possible for the zoom used, auto white balance, AF-C, single area & dynamic area AF mode, and experimented with shutter speeds from 1/60 to 1/500. I was very displeased with the results I got. On the 1/60 end I got to much blur and trying to stop the action the results were to dark. So I invested in a Nikon Speedlight SB-600. Occasionally I would get a could shot, but I almost always get red eye or the horse or cattle eyes are solid white from the flash. I even tryed to fill in the shadows with flash on manual at 1/64. I still get the white animal eyes. This year I bought a Nikor 50mm f1.8 lense. The lighting was very poor, but most of the pictures were better than last year. I am still not pleased with the quality though. I shot with and without flash. Without the flash pictures were still to dark even at 1.8 and had to be digitally enhanced. I shot some at 800 and 1600 ISO. The images are just to grainy. Any one got any advise. Here are four examples from about 2200 shots from Fri & Sat.

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  • hibworker
    06-05 04:06 PM
    You can travel with valid visa and receipt notice of pending petition. If you receive approval while in India your company can send it to you and both you and your wife can get new H1 and H4 stamp

    Your company can reply to RFE without you being present in US

    10-15 10:57 PM
    Try contacting your local senator

    06-27 04:02 PM
    Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.

    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????

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