Saturday, July 2, 2011

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  • Edison99
    08-23 11:50 AM
    Thanks for the great suggestions!

    When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).

    What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.

    Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -

    1. Interfile is a tricky process. If you could avoid it, avoid it.
    2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.

    Negative point of this route is - you need to make a trip to your home country on a short notice.

    Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.

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  • tikka
    07-02 05:01 PM
    and the end of the your post .. will help us when we begin counting

    thank you so much

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  • mihird
    09-14 11:04 PM
    hm... So why are you here, in Immigrationvoice ???

    I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.

    I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.

    Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.

    Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).

    What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..

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  • rb_248
    11-03 10:09 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    The current USCIS policy is favoring EB2. There is no dispute about that. EB3ers are justifiably angry and are venting it out on EB2ers. What EB3ers must understand is they should be hating the game not the players. They should be hating the systems and not the other applicants. EB2ers, like me, just got lucky.

    I guess this EB2 v EB3 fight will go on until Obama takes up Immigration.


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  • lazycis
    01-04 10:54 AM
    The guy should keep his mouth shut. If the USCIS finds out about two wives, more likely he will be deported under 8 USC 1182(a)(10).
    As for getting a visa for a girlfriend (unmarried couples), that's out of the question as well. You have to provide a marriage certificate.

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  • sai66
    01-25 08:43 PM
    Hi All,

    I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).

    Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).

    I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.

    Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.

    Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.

    Please explain me in detail.


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  • pat123
    10-28 03:40 PM
    hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.

    The signature Quote of yours give an answer for your view point.

    Read your Katha upanishad quote:

    Wise take the path of joy and Fools take the path of pleasure. I leave it your discretion whom you are!!!:p

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  • arc
    09-09 02:40 PM
    I can help in carrying stuff!


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  • ssnd03
    12-03 04:26 PM
    (1) first, USCIS and the FBI conducted a joint risk assessment which resulted in process improvements that permit us to focus on cases of concern (2) second, USCIS and FBI have allocated additional resources to the process. Over the next year, USCIS is planning to commit a total of $15.5 million to address the backlog of FBI name checks.

    Number (1) is so darn ambiguous. Typical USCIS, FBI bullshit.

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  • kosars
    08-13 10:47 PM
    no i will wait for the receipt


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  • newtoearth
    07-29 02:13 PM
    Dear fellow Indians stop argueing with him...

    Its time waste....
    He donot know that
    1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
    2. India + China = More than 1/3 of the word... So there will be more people from those countries
    3. All countries in the world are not same with population...
    4. He is scared...

    leave is not worth to discuss with him

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  • chanduv23
    04-14 03:55 PM
    My I-140 was denied incorrectly , as a result my I-485 was denied.
    The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

    My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

    I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

    Can I use my EAD?-----My Lawyer says my EAD is invalid.

    You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.

    Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?


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  • gc_check
    06-27 08:17 AM
    I understand that there is lot of fear among applicants that USCIS might retrogress the dates interimly sometime in july due to the expected high volume of applications filing in the begining of july.

    To minimize the chance of USCIS from taking any such steps, shall we all unite and file the applications on a specific date in july probably on 30th of july? This will accomodate all that we shall all be winners and use this opportunity to our advantage instead of competing amongst each other...where only a few will be winners and others will be loosers.

    This will also reduce the pressure among applicants , attorneys and doctors.

    Can the AILA cooperate? Will there be unity amongst applicants to make this possible??? any ideas ??

    Dude, From your previous posts looks like you have already filed and got your receipt notice.

    Well, this is not a good idea ... and obviously every one is as anxious as others to get their papers filed on time. This does not make sense at all. I read your posting history and notice your posts with GC approval and also about receipt notice for spouse.

    What is goin on with you ?

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  • continuedProgress
    12-28 10:44 AM
    As far as I know, n2b you are home free!


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  • sc3
    06-20 01:50 AM
    Thought I should share my EB-3 (horror) story:

    First initiated my RIR labor in 01/2002
    PD: Aug 02,2002
    RD: Sept 18, 2003
    Approval: June 19 2007
    I765 & 131 renewed 4 times.

    Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.

    It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.

    Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.

    BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.

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  • anandrajesh
    11-30 10:32 PM
    I have my Automobile and Home insurance through Amica. But they declined to give me a Life Insurance Quote because i am not a citizen or a GC holder. They are ready to insure the cars I drive and the house i live in, but not me.

    I am not too happy with this scenario and i have sent an email to them asking reasons on why they cannot accept my life insurance. After all i will be paying them right. If i dont get a valid response from them i will be going to somebody who is not impartial to Resident Aliens (PPL on Visas)

    May be another point to add to our Debate.


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  • pkjena
    08-01 10:41 PM
    Sorry forgot to give the link,0520-ac21.pdf

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  • bujjigadu123
    02-22 03:31 PM

    Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
    I am on H1B visa.

    I would appreciate if someone could give any sort of information related to calling for a home visit.


    Further to my above post, I have following questions
    1) Once the client side project is completed (assuming the employer is paying to employee), how much period we can stay waiting for a new project? Is there any limit of the period?
    2) Once the pay from an employer is stopped, with in how much period, one has to go to home country? Is there any limit?
    3) Can an employee stay (assuming he is getting paid) with out client side project and working on skill upgrade and waiting for a new project?
    4) What are the documents I should be ready with? I am staying with my family.
    I have following documents with me:
    a) LCA,
    b) Passport for me and my family
    c) valid visa recently stamped for me and for family
    d) approval notice,
    e) employment offer letter,
    f) clinet appreciation letters print outs,
    g) past experience letters,
    h) all pay stubs for my period of stay in USA.

    Please reply.

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  • gsc999
    09-05 11:00 PM
    I am taking Jetblue from Oakland to Dulles Airport in DC reaching on Sunday (09/16)morning

    I will be staying at
    A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.

    06-26 12:05 PM
    S**t cloture passed

    11-10 01:56 PM
    This is true and the only one working actively working for our cause. If this organization is not succeeding to its full potential, its only because high skilled immigrants did not support it to the extent they could. Everyone wants to know what IV acheived - with $175???

    you can get an idea of contributions from the ticker on the top of this page -
    "Goal amount for this month: 10000 USD, Received:"

    The illegal lobby is picking up an average of a few hundred thousand dollars each month - result CIR, Dream, lawsuits and support in Media and chambers of govt.

    The other part is getting public support, which I feel we already have. breaking news (apologies to faux haters):
    Texas Goes for Arizona-Style Immigration Law - Arizona Immigration Law - Fox Nation (

    Tony -

    As you say that the illegal immigrant lobby gets hundreds of thousands of dollars per month. Do you think any illegal immigrant is contributing this money. They work for minimum wages and have hardly any money to spare.

    I think most of the money comes from businesses that employ these people to cut costs. We don't have any such resource. So I don't think IV not getting enough donations can be blamed on IV users.

    I have donated as much as I can without getting my budget in jeopardy with all the mortgage , taxes, "health insurance " .medicare, car payments etc etc that we have to deal with.

    Another point I think is that even if IV had a couple of million dollars I don't think it will be able to pursuade the Congress to pass any legislation to bring relief to legal immigrants considering the mood of the people in the Congress . No one would like to hurt their political career with voting for us in the Congress. The politicians do only lip service whether for illegal or legal immigrant bills. They have zero interest in seeing them passed in the Congress.

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