Wednesday, June 29, 2011

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  • ashishgour
    09-15 09:58 PM
    The markup is scheduled for 9/17 Wednesday..

    Thanks a lot for the call call!!!!!!

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  • appas123
    08-19 04:15 PM
    Wanted to let everybody know that we received our green cards in hand today. We immediately made a trip to the Social Security office to update the records and get rid of the clause that says "not valid for work without INS authorization". We also signed a new I-9 with the green card.

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  • sri1309
    08-22 06:00 PM
    One more thing to not miss it to request "dumping of the 50,000 diversity visas done by lottery". Why the hell should that many visas be thrown away like the way its done now. If looked thru the lens, this category makes no sense atall.

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  • Sri_1975
    08-26 01:29 PM

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  • tempy
    09-09 08:46 AM
    Just enjoy your green...

    I think I should ... It was a looooooong 11 year journey.

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  • kalyan
    01-06 09:28 AM
    I think we should write letter and incorporate such things in our DC campaign.

    I am tentattive to the DC campaign. But we should come out with a document or website and have our guys officially sign it and send it to all the parties involved in making such decision.


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  • sku123
    09-14 08:15 PM
    I believe my green card application has been approved. Just wanted to share the news...

    On September 14, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.

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  • Milind123
    01-26 01:01 AM
    South Africa

    They can make the list more readable by putting something like this
    "All African countries except South Africa"


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  • jonty_11
    06-29 05:23 PM
    keep refreshing the July VISA bulletin page all thru th ewkend...
    here u go:

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  • ItIsNotFunny
    07-12 09:28 AM
    Did you guys observed one thing: We started talking about sending flowers and immediately in couple of days USCIS director reacted to it.

    They are closely watching us.


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  • gconmymind
    08-20 09:30 PM
    Free calls to India!! Awesome! Thanks for posting this here. 11 years ago, it used to cost $1.05 (using ATT) on weekdays and $.65 over weekends to call India. I was studying and my phone bills used to be more than rent! :).

    I have been a Vonage customer for last 2.5 years and it works great. I use it for US, UK, Singapore calls. I use Airtel for India calls. From now on, it will be Vonage for India calls and Airtel if I need to call from my cell phone.

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  • gondalguru
    07-16 01:48 AM
    Applying 485 through Spouse


    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.

    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?

    Your valuable response is highly appreciated.

    Interfiling I-485 is not possible in your case. Recommended option will be to file a second I-485 set to use your EB2 category benefit. Again talk to you attorney and get his expert advise.

    Copy - Paste from usvisahelp website forum/blog

    What if my spouse and I both have approved/ pending I-140s?

    Some of our clients who have pending or approved I-140 petitions also have a spouse with a pending/ approved I-140 petition. The question arises of which I-140 petition to attach the I-485 filing to. This determination depends on several factors, including which spouse has greater job security; whether one spouse wishes to leave his/her employer; whether one spouse is in a preference category for which visa numbers will become available more quickly, etc.

    In a recent meeting with the American Immigration Lawyers Association (AILA), USCIS officials stated that while the regulations do not prohibit the filing of multiple adjustment of status applications by one alien, if one person does file two such applications, they may pick one to deny since both cannot be approved. USCIS also stated that where one alien is the principal applicant and the other is the derivative, the I-485 applications cannot be transferred to the other spouse’s I-140 petition. Instead, the pending I-485s must be withdrawn and new I-485s must be filed with the other spouse listed as the principal applicant.


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  • NKR
    08-07 10:18 AM
    Only thing I know is that if you come before me in the line I am affected.

    If you can call it EB2 line, yes he will come before you. On the other hand an EB3 guy calls it �GC� line and says that you come later with a Masters and go before him in the line. It depends on which way you look at it.

    I know now you will ask me �will years spent on masters have no value�, EB3 guys will ask you �will years spent working have no value�?. Then you will ask why should they get benefited twice?, 1 in terms of getting into EB2 category and 2 in terms of using old date that was meant for different skill/category. That brings us to the first argument, EB3 guy says if I do not do that then you will get GC first though you got into the GC queue later. The arguments will never end

    Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.

    Probably you couldn�t but I wish you had ported.

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  • nk2007
    10-11 02:28 PM
    Look at the breaking news section here :


    it says may be only 1/2 of them are receipted.

    If any dept can just publish, how many cases are still pending for receipt & how many receipts are issued per day/week, it will give us an idea on how long we should WAIT....YES I KNOW THAT IT IS TOO MUCH TO ASK FOR....WITH THE WAY THINGS ARE GOING WITH THIS AGENCY.......



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  • vkrishn
    08-16 04:59 PM
    Here is reponse from Ombudsman.

    Dear Sir/Madam:

    We have received your case problem. We will initiate a formal inquiry with the U.S. Citizenship and Immigration Services (USCIS).

    We appreciate your continued patience and understanding.


    Office of the CIS Ombudsman

    Department of Homeland Security

    Did anybody get the reponse the same way?

    I got the same reply last week. Yet to hear anything from them.

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  • sc3
    08-20 02:00 PM
    It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.


    That is true. USCIS behaviour no longer (or never has) assumes the meaning of EB1&EB2 wording in the law text.

    Previously a lot of visas flowed into EB3 because USCIS misinterpreted ( rather did not take into account) the AC21 change, which suggests that the per-category spill over numbers must be used within the category before flowing out of the category.

    Unfortunately, when they realized it, they seem to now ignore (or have always ignored) the wording of EB1&EB2 numbers flowing in EB3. A lot of people here don't agree with this interpretation, but I am very sure that USCIS is misreading the law and is shafting EB3 big time.

    I dont know how to word a letter to USCIS that shows them their oversight, and yet word it in a positive (or a non-confrontational) manner. If you have any idea's, lets work on a letter campaign to make USCIS aware of this. However, let us do this through personal PMs while we work out the details, as this is a very contentious issue and you will spend a lot of time responding to distracting arguments.


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  • neelu
    10-12 12:07 AM
    Thank you, Kewlchap.

    @ Neelu:

    a. Contact your senator and your congressman/woman. I contacted both. Senator's office had a very nice system of faxing in your request, just for USCIS issues, so I did that, and got a letter in three days stating that Senator has contacted USCIS for me. Later, I got another letter which included USCIS response. If there is a number for your Senator's office, I suggest pick up the phone and get talking to them.

    b. I will get started immediately instead of waiting. You do not know if your IO is working on other EB-2 India applications. He could be working on a chunk of EB-4 applications and not even picking up your application from the holding area, where it can lie for many days.

    c. I feel that you should submit 7001 unless you believe you know where your application is. Meaning, if multiple IOs / infopass tell you the same info, then it is probably true and you can wait. If you get nebulous answers like "wait 60 days", then submit 7001. I dont think there is any reason / advantage of an attorney submitting it. I filled it out and FedEx'ed it overnight to Washington DC.

    Someone else asked me for the POJ method for TSC. I just followed the POJ instructions listed on this forum.

    Hope this helps, and good luck!

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  • amsgc
    09-23 09:27 PM
    Dude - it clearly says the data was updated Aug 25, 2009
    Look here ( D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    I have read on USCIS web site that it is a quarterly report, this strange report do not have a date on it saying when it was generated. If it is a quarterly report I dont understand why they ran it in the middle of a quarter? This report should be run at the end of the quarter. Not in 1600AD what USCIS considers to be 2009.

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  • acecupid
    08-21 12:28 PM
    All of you guys are smart ,highly skilled immigrants.

    Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..

    Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.

    same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
    He left current employer and found another who willing to apply under Eb2.

    Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.

    CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.

    Dude if people are taking initiative to do something on their own, what is your problem? If you dont support the initiative you dont support it. STOP discouraging others. Everyone supports HR 5882, we all know that and will continue to support it.

    08-17 02:03 PM
    congrats enjoy your freedom.

    Finally got the magic email, straight to card production ordered. After 12+ years in this country and 3 labor filings

    NSC, EB2
    Priority Date - 2/3/2006
    Receipt Date - 7/2/2007
    Notice Date - 8/10/2007
    RFE - April 2009 replied promptly in a few days, status was stuck at RFE response received since then.

    Opened SR on 8/4/2010
    Filed DHS-7001 last week 8/11/2010

    hadn't heard anything back from either of the two methods above.

    Card/ Document Production

    On August 17, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    11-03 09:23 PM
    Not an issue. It can be done using business necessity letter. Companies like Google should not have a issue as they regulary higher such qualified people. On the other hand , the non genuine case will have difficulty as from now onwards these positions will be scrutnized more closely. Moreover, any indication of fraud may result in the the audit of original labor also.

    Not only consulting companies but genuine companies in the software arena will also face trouble. If I interpret it correctly, most new hires at places like Google, MSFT, Amazon etc. even if having MS from top-notch universities in the US can apply only under EB-3 as their job description will fall in Job Zone 4.
    On the other hand somebody having a non-IT or CS degree from a mom&pop University can find a job, state its "research" and upgrade to Job Zone 5 and apply under EB-2.
    I wonder how this will fly with the affected companies?

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