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  • needhelp!
    01-10 02:49 PM
    Lets keep the letters going

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  • spdy_mn
    06-29 04:43 PM
    Is there a phone number we could call and ask about the Mid Month Retro..that AILA ihas announced.?

    ANyone knows a DOs cnumbers where they actually answer calls...?

    It might be closed, I guess. It is 5:15 PM EST on a Friday.

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  • pani_6
    08-21 07:32 PM
    I have not seen any place where the change the rules of the Games inbetween..So for EB-3's of early 2000..we were expecting GC's in 2-4 years and EB-2 in 1-3 years..we didnt see any big difference here..ok we said we can apply in EB-3 and wait a year longer...

    If we knew that DOL would suddenly change the rules..there was no reason for us to apply in EB-3..we could have looked for another job or convinced our manager to apply to apply in EB-2..if the situation could turn so dire as we know now..Now look at the new guys..they will never apply in EB-3..even the lawyers will advise thier clients to apply in the old intrepretation should remain for the older cases and new interpretation for cases when USCIS decided to change the interpretation...


    There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.

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  • chanduv23
    11-13 11:38 AM
    If clerk is doing this as per instruction means, we are being noticed and that is precisely what we wanted anyways. I don?t think USCIS higher ups have any malicious intent. Whole issue may be due to lack of training of IOs.

    I agree. They may not have any malicious intent. But it is surprising that such things have been happening for 8 years, everyone talk about it, community gets shit scared and willing to compromise on jobs - accepting fate - going through problems, but no one was interested in moving a step forward and try to address this.

    In my opinion, we are not there yet, but are making good progress. We need a lot of letters to go out so that they understand how much this is impacting us, especially hard working immigrants who ply by the rules.


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  • desi3933
    08-07 01:31 PM
    Yes, I agree that not filing GC earlier is not an excuse for MBA. The point is he still would have been in the same situation (EB3, 2003 is not too different from EB2, 2005) in terms of how fast he will get his GC..

    It is really better. He can recapture his old eb3 PD after getting approval for eb2 based I-140 for the manager job.

    Law provides equal opportunity to everyone for PD recapture. This is my point.

    And, for those who are going to argue that no one is going to file GC for him in 2003, this is not a valid legal arguement. Granted, it may be a emotional one.

    On a related note, how many people REALLY agree that GC is for the future job? But they never dispute that in court of law because it does not hurt their case. Anything that hurts their GC cause makes them victim and root cause for gaming the system.

    Have a good day!

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  • desi3933
    08-24 09:01 AM
    Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it. But when 100 people say "we re going back, disappointed, it will have some effect".

    $100 one time.

    >> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.

    Thats sum it nicely. Nobody wants to go back.

    Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.

    And you think, that will fix the system.


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  • adhantari
    06-16 10:25 AM
    Thanks for your reply.
    what is the meaning of staff augmentation case? He work at client place and client is administered project.The s/w tool is copyright by client.The reason for asking him to come back is that prior to this company he worked for another company for two years. He left his old company before 5 year. when he joined his current company he has provided all the document mentioned in checklist such as offer letter, exp and releiving letter and last two month pay stub and they did BG for same document.During 5 years career he worked for diff client and everytime they did BG for him before putting him in project and there was no problem happen in his BG. recently his current employer find something wrong about his prior company and they asked him to provide more evidance for prior he don't have any contact of his prior employer and he does not have any more evidnace for showing their company.
    Because of this reason they are asking him to come back home country from last two week.He told his company that he tryed to connect his prior employer but he can not make out and he don't have anything more to show the company.

    Please suggest what he can do in this situation.
    If anyone come across in this situation then please reply to my question.
    Appericiate your help in advacne

    you are mixing up stories here..... I remember your post saying this is what happening to you......

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  • thescadaman
    09-15 09:51 AM
    I remember your enthusiasm from the Sept 2007 Rally Days. Congratulations!


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  • superdude
    07-31 05:07 PM
    Well suppose they reject your 485 for lack of Initial Evidence then you are in some trouble. The people who applied prior to new Memo was passed had there applications receipted even without EVL. What will happen after the Memo is passed ...can't say. I think EVL is considered Initial Evidence. Thats my guess.
    Not this time. USCIS clearly mentioned that Completed application with Signatures, Correct Fees should be sufficient. They are even accepting without medicals.

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  • Dakota Newfie
    05-23 11:16 AM
    For those of us who have become "current" with the latest VB movements, I have some discouraging news for you: at least for the Nebraska Processing Center, the current processing date for an employment-based I-485 has retrogressed from September to August,2006. Only a small step backwards but a step backwards all the same.


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  • satyasaich
    01-11 11:18 AM
    The text is at the link below.

    Section 501 and 503 would help retrogression a lot.

    Section 503 will do more harm and add fuel to retrogression. Either it shall be redrafted or we shall oppose without any doubt

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  • somegchuh
    04-17 01:47 PM

    I have heard from friends that if after 90 days of applying you don't receive an EAD card, you can walk into a local USCIS office and they will issue you an EAD. Is this still true? If yes, what documentation do I need to take with me? Its been 2 months since I applied. Anybody know how long it is taking from NSC?



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  • xyz2009
    08-18 02:16 PM
    Hi All
    I got greened today. Same here for me and my wife. I voted on the poll for me. Let me know if you want me to add one more for my wife too.

    Here are my details for your reference:

    1. EB2 India
    2. PD: Dec 21 2005
    3. NSC
    4. I-485 Receipt Date: July 2 2007
    5. I-485 Notice Date: July 30 2007
    6. What I did: SR on 2/8 (File pending and awaiting assigning to officer) wife SR 2/8 (Actively working and need additional review)...wife is a dependent
    7. Went for infopass on 2/8 afternoon (First day when I was current)...guy told me your cases are pre-adjudicated and files are with officer and same for me. Was happy
    8. Called second level IOs from 3/8 till 3/14 everyday.
    9. Some were knowledgeable and some were not but more or less good people I met
    10. One good person on 3/10 told me Mr Sharma your file is in transit...may be in some crate or some bin and might be on the move to an officer...I said Infopass guy told me they are with officers then he said clearly NO...your status is in transit and your files are NOT assigned to officer and your paralegals July 23 referral is still open and I cannot expedite it. So write to NSC follow up and mention my name and tell to expedite your case and see if they oblige you and help you. Thats your only hope. I cannot override your outstanding July 23 2010 referral.
    11. I did that and surprisingly nobody replied to that and few days earlier I had written to same email id and I got standard response for me and my wife
    12. I wrote to Ombudsman last Wed and yesterday after a follow somebody acknowledged and said we will take action
    13. I contacted senator office in mid July 2010 and after full one month I was in their system and congressional staffer was assigned to me and he called me and said on Monday evening I am writing to NSC Liasion and told me to wait for 2 weeks
    14. To my surprise he forwarded me NSC update which said files are with adjudicating officer and it did say that they are processing 4000 cases in a month.
    15. Congressional aide called me and said per his experience this is a + email and you can be approved anytime now.
    16. At 6.02 am there were 2 SMS and I checked online status changed to decision and then emails which said welcome new permanent residents
    17. I have been in US for 10 yrs now. Did full time MBA (F1) and then switched 2 jobs, it was a second GC as I left a March 2005 labor and started new Perm labor with the second company on H1B
    18. Was able to file through July 2007 VB fiasco
    19. Left the company after 250 days and switch on H1B transfer and ported my GC
    20. My current employer attorney did file for AC21
    21. Was waiting for this current window of opportunity

    Honestly I did everything I could do and did NOT leave any table unturned. I dont know what worked or not but yes I tried each and everything.

    IV is a fantastic platform indeed. I respect each and every member and I will help in every possible way indeed.

    Now few questions and clarifications:

    1. My wife is in India returning on sat evening. She was on H4.
    2. When she left I gave her advance paroles original
    3. I also gave her print out of I-485 receipt
    4. I told her to print out USCIS GC approval email that came today

    Now questions:
    1. She should go to which queue at POE, Visa or the ones for citizens/permanent residents?
    2. What she should tell the IO? When she left she was on H4 and on Aug 17th my 485 was approved and here is the proof (approval email print out) and ask the IO to respond?
    3. What will happen then? She will be taken somewhere and they will put D-155 stamp on her passport OR she would be allowed to enter on her Advance Parole or She will be admitted on H4 with I-94?

    Anybody has the same experience, kindly explain me so that I can inform my wife immediately.

    If anybody wants any help with any step please send me private message please. Would be glad to help.

    Best Regards,

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  • santb1975
    01-09 03:22 AM
    We have to work diligently on this Action Item


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  • pd_recapturing
    11-12 03:35 PM
    I got the following response for Ombudsman for AC21 mail sent to them a week ago. They need Evidance of I 485 denials to discuss with USCIS. The following is the mail I got. People who have been affected already. Please share this with Ombudsman..Let's keep the momentum going..

    ================================================== ===

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.

    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.

    Please submit information via email to with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

    Thank you for your cooperation.


    CIS Ombudsman
    ================================================== ========
    This is a good news. Do we need to tell individuals who are affected to send email to that email address? Let plan asap.

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  • SunnySurya
    08-07 10:59 AM
    If people can move freely between the categories then Why do we have categories?...:confused:
    An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.


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  • inderman
    10-25 03:11 PM
    Congrats FatJoe... Enjoy your freedom!!!
    Have Fun!!!

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  • gccovet
    11-19 11:43 AM
    two more people to reach 100.
    Please, send the letters.
    Thank you.

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  • va_dude
    11-10 11:12 PM
    sorry to hear about the problem with your app.

    I think at this point it's best you hired a good attorney to help you through this RFE and work with him/her on the best way to present your case.

    good luck.

    09-25 09:57 PM
    I called 2 weeks back to her office. Her staff told me to contact my reps. If any one lives in San Jose then he/she can contact her office.

    how to send an email to Lofgren her website only talks about CA certain areas. Any idea please guys do u have her direct email id , i am sending email , fax along with my area congressmen. Trying something to think out of blue.

    08-07 12:56 PM
    US court already clearly given vertict to BS+5 years alone itsef qualify for EB2. It was a major ruling against INS.

    US educated (or holding master degree) is no way superior than holding BS+5 years experience if job requires more experience . Similarly BS+5 years is no way superior than MS, if job requires absolutly Masters degree (like research).. So dont compare each other, as each has its own merits. Education and experience cannot replace each other.

    However, One can send a petition to DOL/USCIS to deny the second LC/140 application if an employer files two LC/I-140 for a single person (same employer -same beneficiary) for a similar kind of job, just to help the employee to line jump from EB3 to EB2. This may work to stop abusing the system.

    Read this before you go further ..

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