Saturday, June 25, 2011

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  • eb3retro
    09-01 04:56 PM
    Landed July 1997.
    Couple of contracting jobs with a desi bodyshopper(read it as a blood sucker). Believed him for almost 4 years of false promises that they will do GC processing. Finally quit the company and joined a major HMO company. Started the GC paper work in early Jan 2002. Due to the attorney screw ups, and wrong documentation, filed the labor in EB3 (did not even know that upto almost 2 years after filing, was thinking it was filed in EB2) in Jan 2003. Yes, it took 1 year for attorney's screw ups to be rectified. In that company, we were not allowed to talk directly to the lawyer and had to go thru the employer. So to get a simple answer would take 10-15 days. Wish IV was there then. Waited in Labor Processing for 4+years. 140 approved in early 2007. Filed 485 in july fiasco and got EAD, from then changed 2 jobs (got that freedom atleast). Per my own estimate, I should be receiving my GC sometimes in 2015. Current employer will not do GC processing , so no chance of filing for Eb2. I dont want to change employers even if it costs my GC, because, I am enjoying the work that I am doing. And in my opinion thats important because, I would rather be in a job that I enjoy more without GC than being in a job that I do not like with GC. So, 13 years and still going. Completed PMP, MBA meanwhile. Thats my story.

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  • Libra
    09-29 12:04 PM
    only option is they can hire some people to process application on temp basis.

    and the last recapture was a bill that was passed in congress.
    efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?

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  • nixstor
    04-30 03:07 PM
    SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before @001 pd's.:mad:

    Aytes said " We are moving towards processing based on the shift in priority dates"

    what I understood is Aytes is talking about the sweep USCIS is conducting as soon as the VB released. The sweep was mentioned by a lot of service center personnel when members were calling for case status

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  • susie
    07-15 11:32 AM
    2 0f 2

    Jack, Mary and Sundeep

    Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.

    Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.

    Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).

    He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.


    Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.

    If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.

    To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:

    1. Has a residence abroad;
    2. Has no immediate intention of abandoning that residence; and
    3. Intends to depart from the USA upon completion of the course of study.

    Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,

    it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]

    However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.


    Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.

    Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.

    During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.

    However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.

    The Need for Reform for the Children

    Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!

    Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:

    * He is not allowed to live in his home with his friends and family automatically;
    * The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
    * The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.

    The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.

    Help for the Children of Illegal Migrants: The DREAM Act

    Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.

    Reporting Errors

    This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at


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  • rajeshalex
    09-10 09:40 AM
    This is really a bad news especially for those whose PD is between 2004-2005.Its like those who are waiting for a long time are being asked to wait more!!

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  • royus77
    07-17 11:23 PM
    Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?
    Only on PD when the date is current


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  • andy007
    07-05 11:08 AM
    I will go and meet couple of them today ... From Oakland (CA) to Stockton (CA) my selft and meet them .. will show all the papers .. Please give me the Links what we need to show.. thanks and we will work hard this week & get media attenion.... and also .. if posible we will do rally also ..

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  • yoda
    09-13 03:00 PM
    Sent this to Boston Globe and the largest TV Channel of NH (WMUR Channel 9)


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  • bpratap
    05-15 05:08 PM
    I am working with a bank for my new Mortgage. The bank is asking for 3 year continuous VISA (forward) as a requirement.

    My situation is H1 + 485 (I-140 Approved)

    my current H1 will expire in December 2009, I cannot apply for extension until June 09 (180 days )

    but Bank guys are asking for 3 yr VISA, they are not even looking on my H1b Approval letter as there is a line mentioned in there as "This form is not a visa nor may it be used in place of a VISA"

    Anybody have similar experience ? and any suggestions of how to approach / explain this to bank guys ?

    Appreciate ur views n comments

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  • ab_tak_chappan
    08-15 08:53 PM
    do u expect people to stick around even they get their GC? come on dude.. once anyone gets a GC they start working towards their next target. I don't see anything wrong in it:D:D
    True, once the people realize that they are close to GC they forget all tasks and move on to the other forums (R2I or USC or whatever) there are very few who actually stay on and help add this to the fact that most of the EB3-I's got fed up with the nonsense going on (most were only looking for a sounding board to voice their dismay, instead they were reminded of the caste system). So EB2's stop working because their PD is current and EBs stop because there is little hope/chance/help. We can dissect the VB as much as we want, the fact of the matter is that EB3 as a whole and EB3 (india &China) in particular are screwed big time. There is hope in the Logfren bills but the congress seems to have other 'important' issues to discuss.

    We should take the campaign to a new level move from individuals to involving groups and compaines. They have more money and power to make things move. EB3 & EB2 discussions will go on for ever, we can either decide to wallow in our sorrow or do something. Lets identify groups who can help us and write to them. Each EB should talk to his/her HR and ask them to write a letter to their congressman/Senator it will have a bigger impact.

    What are your thoughts?


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  • black_logs
    03-09 02:38 PM
    EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.
    Black_logs are you ABSOLUTELY sure that they eat into the EB3 numbers? On the Visa Bulletin, they have a seperate entry below the EB3. Just curious if we are getting this Schedule A thing correctly

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  • lazycis
    11-20 10:26 PM
    I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!

    Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
    See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):


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  • SkilledWorker4GC
    07-15 10:19 AM
    Sent a contribution worth lunch money for a week.

    Biller Name Account Amount Pay Date Confirmation Memo Note
    Immigration Voice
    Free Checking XXXX $25.00
    07/18/2008 7YDR4-N7FRN HIGH 5 funding Dr Contri, Amit B

    New Day today.

    Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.

    Also let us remember to update our signatures and include a link to this thread.

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  • JazzByTheBay
    09-12 12:04 AM
    This is great... thanks! :)

    Dear XXXX,

    The issue of comprehensive immigration reform has received widespread coverage in the media over the last few months.
    The issue of legal immigration, though a part of the CIR was less controversial and therefore sadly received less coverage.
    Legal employment based immigration represents just 14% of all legal immigration and comprises mostly of high demand skills such as scientists, doctors, engineers, and other such occupations which in addition to filling an unmet need, creates further employment opportunities in the US economy. These are also the occupations that represent the most vital human capital of the 21st century for US economic competitiveness. Many of these people are US educated atleast in part and are currently gainfully employed and contributing to this vibrant economy.
    Unfortunately the current immigration policy is doing a great injustice to this group of individuals who have quietly and patiently been waiting their turn. Many have waited 5-10 yrs and are still awaiting their green cards. The current backlogs are ominous.
    Many have organized into a grassroots organization called Immigration Voice and are planning a pro legal employment based immigration rally in Washington DC on Sep't 18th. We would appreciate coverage of this first of a kind event which puts the spotlight on a just cause which for far too long has gone ignored by our lawmakers.


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  • Edison99
    12-10 07:49 AM
    Congrats AllVNeedGcPc on your labor approval and you are one inch closer to freedom!

    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?


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  • p_kumar
    07-20 03:28 PM
    I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:


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  • go_guy123
    09-01 10:44 AM
    Landed on H1b in 1998, still stuck in the muck

    EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.

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  • makemygc
    07-06 01:04 PM
    He is trying to spin a news and get a answer of his comfort. Guyz never stop :)

    Or may be he is in some mental shock and need know what.

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  • gc_on_demand
    05-27 03:47 PM
    If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.

    I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.


    We should do that .. Only fear is people who are contributing 50 will change to 20.. and what if those new members wont contribute ?

    01-05 09:40 AM
    My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.

    I guess they are curently processed November 03'

    12-10 07:40 PM
    Even if you had applied then when single, no difference my friend.
    One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.

    If it is any solace, you actually did not miss the boat!

    I agree. I applied for I-485 and was single at that time. Now I am married and still on H1-B. Nothing has changed for me (as far as immigration is concerned. ;-) )

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