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  • logiclife
    05-22 04:42 PM
    Seems like everyone losing hope including core - as someone else said above its really sad to see this. Please dont lose hope at this critical moment else all of our efforts for last two years will go waste.

    I cant imagine how much time/effort has been put into this effort by core members (as a relatively inactive member I myself could have easily spent several hundred hours on these forums in last year and half; and atleast some time in calling/faxing etc.). After all these efforts and seeing the current bill its understandable to get deeply disappointed. But dont lose hope yet. Its not over.

    Logiclife - coming this from you really shook me. At one point you were so confident that having our measures in any future CIR is but gauranteed - we thought its just a matter of time. All of us were also thinking that we are in a better position to introduce and enact amendments in this congress. We still have time (2 weeks) for amendments - why are we thinking about alternate arrangements and slowly losing hope. Does this show our level of confidence now or this thread is meant for some light hearted fun?


    I am trying to mock the bill. Cant we take a joke?

    I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.

    Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.

    But dont let your hopes down because of a sarcastic comment on the bill. Take it as a joke or ignore it.

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  • boreal
    01-19 04:08 PM
    I have sent the letter to President as well as IV.

    Sent the letter to the President and IV.

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  • suriajay12
    04-19 02:09 PM
    I will be sending the following note to my senator and have already posted it to I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."

    You said "This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time."

    Please change the last part "in half that time" to "as short as 1 year".

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  • GC_dd
    10-28 02:25 AM
    if there is demand for some skill it will be given 50 times the salary of others.. if somebody wants to migrate he will find ways.. now being IT worker is best way to migrate to developed countries. He is trying to set expectation right but in wane.. people will go where they get best value for their time.


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  • bidhanc
    03-21 12:19 PM
    Pl respond

    I am from Upstate NY.


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  • ireddy
    05-31 10:58 AM


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  • gccube
    09-09 02:27 PM
    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn?t account for dollar appreciation or devaluation. USCIS also doesn?t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.

    "You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?

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  • enggr
    03-17 03:52 AM
    My dear friends,
    I am so sad to tell the fact my I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.

    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "

    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.


    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar


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  • EB3IFiasco
    02-17 06:56 PM
    Same story here.Hard LUD couple days ago. Email said "transfered to.." something something.

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  • shana04
    11-19 10:26 AM
    Received EAD and AP, but not FP yet. Not opened SR yet.



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  • go_guy123
    05-11 01:06 PM
    WASHINGTON ? Democrats are trying once again to advance legislation that would give some young illegal immigrants a chance to live legally in the U.S.

    Sen. Dick Durbin of Illinois plans to file a new DREAM Act bill on Wednesday. In the House, Rep. Howard Berman of California plans to file similar legislation.

    Generally, to qualify the young immigrants must have a high school diploma or the equivalent and have spent two years in college or the military. They must have been under 16 when they arrived in the U.S.

    At least one Republican, Rep. Ileana Ros-Lehtinen of Florida, is co-sponsoring the House bill.

    The bill filings would follow a speech Tuesday in Texas on immigration by President Barack Obama.

    Read more: Democrats to try again on DREAM Act - (

    All token stunt by Democratic party before 2012. Last time they failed in lame duck but with GOP in power even Latino groups are not energised by it

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  • YesGC_NoGC
    12-05 12:26 PM
    I closed my PPF account twice and never paid a single paisa. The second one I closed when I was in US and got the forms here through my old employer and Signed and send those form back to that employer , they filed it, Don'y know if they attached "NOC" but I got all of my money (close to INR80K) in 2 or 3 weeks at my home address in India.

    I guess no one needs to pay money for to PPF in any state all you need tyo do is follow the proper instructions, It's as good as in any bank.


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  • jonty_11
    06-04 06:28 PM
    EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
    which VB are you doesnt work...

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  • willwin
    07-08 12:20 PM
    Is there any update on three bills in house. I have checked the hearing schedule for all committees and there seems to be no hearing scheduled for any of the bills. House in session till September 7 and after that District work period and convention shows, which leaves us with just 4 weeks from now and after that It reconvens from September 9 with target adjournment date of 26th september and i m pretty sure no congressional rep will like to cast vote on any bills before going into election....

    Prospects seems bleak now... Is there anything we can do...any last attempt that is required? If so...Let us all know...

    I doubt if you would get any reply to this!


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  • anilsal
    12-13 12:50 AM
    It is just a vicious circle of wait-n-watch gymnastics.

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  • johnamit
    07-17 09:37 AM
    A fix without AC-21 does not bring lot of relief for us, I hope they receive I-485 and allow us to use AC-21.


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  • RNGC
    04-24 03:05 PM
    Want to keep this alive....

    After reading the sad post at

    I feel stronger to unite and help ourselves to overcome "unnecessary" restrictions on Legal Immigrants....

    Lets keep this thread alive...want to know what difficulties people go thru being here in US and see how they can be avoided..

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  • thankgod
    05-11 02:18 PM
    I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?

    Its your stupidity to talk like this.
    Then what about the people who want to immigrate legally and stand in the line for many years.

    If they do pass DREAM Act now, the same thing will releat again in 2016 or 2020 .

    The solution is really to deport all the illegal immigrants and to tighten the borders.

    We are the one who is paying taxes and every year and thousands of dollars insurance.

    If you do them legal (Young Illegals). simply, they will collect their Food stamps and their unemployment wages happily.

    See to improve the economy really , they need to give the green cards to young talented legal people. then people like me and you will buy a home here with out any fear. You dont send money any more to your own country.

    Think twice before you give a statement.

    I totally disagree with you.

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  • Ram_C
    11-19 02:05 PM
    I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.

    From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.

    Imp: Try the local ASC before your scheduled date so that you have time for plan B.

    Thanks, I'll try that :)

    04-10 03:05 AM
    I've been a consultant for 5 years now, worked for 5 different clients, and was without work for just 4 days so far. If consulting companies are banned, it means that I will steal the job of one of you permanent employees.

    People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.

    I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.

    Don't get offended. You need to see the other angles too. I showed you one.

    07-08 02:48 PM
    Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?

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