Thursday, June 9, 2011

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  • immique
    03-21 11:49 PM
    I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act

    "(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"

    Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process

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  • harrydr
    06-11 06:47 AM
    Dates moving forward is a good sign and also based upon USCIS prediction of dates reaching to April 2006 by the end of FY, i don't think dates will retrogress but with these folks you never know.

    Anyways, a sideline question is even though they are moving the dates, why don't they let other applicants waiting for their date to be current file 485. Filing 485 could give them flexibility and income for USCIS. Right??

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  • akhilmahajan
    02-19 12:29 PM
    22,000 more letters.
    come on folks lets keep this thread on the top.

    folks please keep on helping as much as you can.


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  • anilsal
    06-13 10:09 PM


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  • axp817
    09-25 09:13 AM
    Looks like USCIS is sending more denial letters on AC21 cases these days, a lot of VOs may not have been trained on AC21.

    I took infopass this week to find out status of my case (AC21 responded to NOID and case reopened and lot of soft LUDs) - the VO was trying to be judgemental instead of looking at computer and answer my question. She said "If you change job and 140 is revoked, there is no way your 485 will get approved" and when I insisted her to look at computer and let me know status, after some nagging, she looked and told me case is pending and NC cleared and I will receive a decision sometime but not very soon.

    Believe me, a lot of VOs do not know AC21 stuff.

    In such cases, where the InfoPass people (IOs or VOs or whatever they are called) pass judgement on whether your 485 should be approved or not, does it help to bring a printed copy of the AC21 Aytes memo (issued in Dec 2005)along to show to them? It is an official USCIS document and it clearly states the following.

    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

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  • Michael chertoff
    03-28 08:41 PM
    Like I said before, you still need to learn how to use your head first. I never learnt how to argue with the stupid and no one can.
    No one is donating for me.

    Why are you so worried about the donations? Are you an anti?

    Brother Tony...just ignore him..he is a frustrated coward. These kind of people become brave in forums...I real life they are the most nicest people. Let him feel that he is the man.



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  • Totoro
    05-06 05:55 PM
    Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.

    The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.

    One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.

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  • hazishak
    09-17 06:56 PM
    So if what you are saying is true, then form example, country "A" has only one applicant. Since ROW collectively used all the visa,country "A" has to wait 6/7 years to get visa number?

    They do have per country limits. But the none of those countries have used up the 7% allocated for those individual states before the the total number of visas ran out. In other words none of those countries had applicants to consume the full 7% but collectively used up the the total number of visas.

    But in the case of the countries like India, china etc they have actually used up the total 7% of the visas per country.


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  • svam77
    07-19 10:44 PM
    I agree 100 %. But even if the officer wants to know about out I 140, it wud be just a 1 min process for them as they can check if a recipt was generated based on the names.

    If we put the copies of the fee checks, that would help even more because that means that our I 140 application was accepted.

    With tracking receipts, cheque copies and a letter, I believe we would be able to establish evidence that, 140 was received by the service center.

    Totally missing out on showing that I 140 is filed is no evidence at all. Showing every possible document to prove that the docment was filed, should be do the work.

    Anyways since there are so many hundreds of people who filed I 140 in the recent days, I believe some alternative from USCIS wud show up in the next few days .......

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  • asanghi
    09-19 05:02 PM
    To everyone who thinks rallies dont make a difference, as described here :

    This is not an attack post. Or a criticizing post. This is purely educational and please keep this thread clean.

    I know there are many out there who are snickering in their cubicles looking at the pictures of the rally and thinking "Look at these idiots, they think Congress will pass SKIL bill because they walked 1.2 miles with some placards and banners".

    Such thinking is reasonable. But only if you dont know how things work.

    Here is why rally of Sept 18th will be consequential:

    1. When you do a rally, people notice. People recognize organization and measure its strength. It stays in their heads for a long time and they keep Immigration Voice as one of the organizations they can ask for support when they push for their own cause. In Congress, things work based on compromise, consensus and consultation. People dont just sponsor legislations they believe in. They run it thru their caucus and leadership and do a vote count. To find out how many votes would they get if they came up with this new idea. Whether it will get 218 votes in House. Whether they will get 51 votes in senate. If its filibuster proof and get 61 votes in Senate. Whether it has committee support. Whether leadership offices are in agreement to put it in schedule. All this happens in background and there are people who are hired in committees just to do vote counts on proposed ideas. IF it turns out they dont find enough support, they drop it. If they think they can pull it off, they approach leadership (Speaker in House, Maj leader in Senate) to put it in queue.

    2. Let us say that Congressman X wants to sponser SKIL bill because of his constituency or a senator (like Feinstein) wants to sponsor AgJobs because food growers are having food rotten in absence of agricultural workers, a compelling cause. Now, when they want to pass legislation, they have to look for support and votes as described in item 1. When they fall short, they find ways to sweeten the pot. IF they see that a powerful organization will throw in their support and lobbying in favor of their bill if they attach a few of that organization's provisions, then they approach them. Immigration Voice did 138 lawmakers meetings (in House and Senate). They did the rally. They would consider IV as a organization that can help them PUSH for their legislation. Now we have a place at the negotiating table. If they attach our provisions (like recapture, or GC quota increase), then we can promise to do something for them. Like support the entire bill they are pushing for. They know that we can do rallies and we can do hundreds of lawmaker meetings. If Diane Feinstein (just an example) thinks that by adding skilled employment based reform provisions she can get IV's support and swing a few votes to help her pass her favorite AgJobs bill, then we have opportunity where the Senator would ask us what we want rather than us going and asking them to do things for us. One of IV members said that on the day of the rally, suddenly the office of her senator called her and scheduled and appointment to meet the same day at 4:00 PM. She had been trying to get the appointment but after they rally and Roll call newspaper ad (, they called her to listen to her. I heard about this from her just as the rally was over.

    3. CIR has recently failed. From some meetings, I got the feeling that CIR's failure has left a bad taste in mouth and many people in Congress as well as administration are very upset about it still. Now that we have done this rally, done lawmaker meetings, put a rollcall ad, did the media blitz, press conference, congressional reception (where 4 congressmen attended and spoke in IV's support), they know that it would be a good idea to keep IV on their side and put some of their things in a bill. Next time they write a bill (behind closed doors very often), they will consult us and ask us if they can do something for IV to win IV's full support. That's because by getting IV's support on their side for whatever they are doing, they can be assured that we wont oppose it but instead support it. With phone calls, Rallies, paid ads, lawmaker meetings etc. If they are really investing in getting a bill passed, they would include our provisions just to increase the odds.

    Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).

    I thought the rally helps bring attention to our cause and put pressure. I never knew so many things go on behind the scenes.

    I think by the time we get our green cards, we all will be experts in the nitty gritty of American Politics


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  • KiranKashi
    05-17 05:37 PM
    Sent email. Forwarded to few friends also.

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  • go_gc_way
    06-14 02:53 AM
    1st July is Sunday!!! so we have to apply on 2nd July..

    Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D

    My question was more specific, with dates being current, can you apply for 485 on any day of next month July.

    I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.

    Please confirm.


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  • chantu
    06-28 05:23 PM
    Q15: For you = H1B For Wife = AOS Pending

    #2 Assuming you entered on H1 and wife on H4 (no Student/visitior etc)

    You =H1B Wife =H4


    Yes, we entered on H1 and H4.

    But still I am going to write A# for Q.10 in EAD form for me. Is it fine? Or I have to use I-94#?

    Thanks GCCovet!

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  • GCard_Dream
    03-20 06:35 PM
    We are not talking about what's beneficial to the United States. What we are discussing is what the law says. It doesn't matter if it is beneficial to the United States or not, if it is the law of the land then everyone has to abide by it; even the government. I think everyone has a different opinion on what's beneficial for this country. If you talk to the people at, they will say that H1B program and employment based immigration is the worst thing that happened to this country and should be stopped right at this moment yet we think that this is the best thing for this country. Go figure.

    By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.

    It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher


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  • H1BLegal95
    02-11 01:04 PM
    ****btw i may be saying things at a wrong this point any effort seems to be a good effort so i will tag along..****

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  • EndlessWait
    01-23 11:05 PM
    I�ve been laid off as of Friday last week.

    My employer started laying off people an year ago and there were too many cycles so far. I was immune to all those layoffs until Friday. They eliminated everybody in my team, 15 people in total.

    I am in the final stage of my GC and I have 2 year EAD. My H1 is expiring in March and my (ex) employer already paid my Attorney for the 3 year extension. They have decided to extend my H1 and paid for the expenses. But in the mean time, they were forced by the investors to show profitability and hence the layoffs.

    My (ex) employer is based in Massachusetts and my Labor Certification was done from this location.
    I have received job offers from some of my employer�s clients. However, they are based in other States (CO, OH & WA for instance) and they might not be able to do my H1. One of them is interested in hiring me on a contract basis, since they had frozen new hiring.

    Is taking a job outside of Massachusetts impact my pending I-485? or Will it violate my Labor Certification conditions? I couldn�t find an answer for this anywhere.
    Also, can I take contract jobs for the time being?

    I sent out an email to my Attorney with all these questions. But, he is not available until Tuesday next week.

    Please post your answers, comments and suggestions.


    i work in mass too and i'm facing a similar situation..i'vent sent u a pm . pls look at it


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  • needhelp!
    06-24 11:33 AM
    Thanks, I'll remove the I94 to avoid any confusion!

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  • AllVNeedGcPc
    01-12 01:07 PM
    ...I will donate minimum $100 for the cause.

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  • mshelat
    05-16 12:21 PM
    let's keep working on it.

    09-14 07:21 PM
    If the media holds Obama to the same standard as they do the republicans, you will see the democrats crumbling faster than a cookie.

    There is so much hypocrisy in the media. If women vote for Sarah Palin it is wrong because you voting her just because of his gender. But oh, if you are black and dont vote Obama, then you are the most odious person living in this world. How will you explain your kids that you did not support a black person for presidency? This kind of duplicity is keeping Obama look good in the eyes of people. Throw off your goggles and you will see the same issues with Obama that you see with Sarah.

    Also, so many low intensity criminals are asked to do community service, that does not qualify them to become the president of US. And what happened to his moral fiber when he changed his opposition to the telco immunity bill and voted so that he does not look bad on security issues? Did he use that fiber to get rid of his constipation issues??

    abuse of power is the issue I see with Sarah Palin. Give me an example where Obama abused power? I gave you three for Sarah Palin.

    07-18 01:24 PM

    On the same evening.....Seeta and Geeta are shopping for tamarind in a nearby aisle....for some reason (I cant be more vivid than this) they notice eachothers tatto's; one has EB3 and one has EB2..........CATFIGHT


    Chicks with tattoos..catfight!!!...doesnt sound too bad now does it...not to hijack the thread but the example had a lot of 'skin' in it for me to resist...

    People that have been saying that IV supports this and not that please re-look at IVs agenda, nothing is hidden. The stated agenda is to try to make the employment based process better, the ENTIRE process. A piece meal approach does not work (proven in the past by legislation that tries to fix a portion of the system). The holistic approach may appear to be locally sub-optimal will be the best for the entire employment based community.

    In the interest of full disclosure and at the risk of incurring more back lash I must state that I am in EB2-I category.

    Cheers and hang in people...all of us are in this together..

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