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  • Hassan11
    09-07 12:16 PM

    I have a question regarding an appeal I did a year ago for a rejected LC.

    I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks

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  • saimrathi
    07-06 11:16 AM
    I wonder if that is possible.. How did your lawyer find out?

    My lawyer is saying that even if you want to file I-485 now, the USCIS has advised Fedex and UPS not to deliver any mail to that PO BOX. In that case I am not sure how one could become member of the class action law suit.

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  • mpadapa
    10-08 09:18 PM
    time for a bump

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  • tooclose
    08-12 05:32 PM
    How long does the IO usually take to review 485 cases (assuming that the case has been pre-adjtd.) ? Gurus...pls post your thoughts

    Gurus... do you know how long this takes usually ?


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  • nviren
    03-01 07:11 PM
    If I had my green card today, I would surely be making at least 15K more in my salary per annum repeat per annum.

    If not all, many of you are in the similar situation.

    My $200 contribution is just 1.33% of that lost opportunity per annum. If I take into consideration the 4 years of wait, it comes to 0.33%.

    Almost anybody who is in US for 5 years on H1B can buy an nice little home. (Bay area is bit more cruel).

    Last year I could have bought a home for say 500K. It would have surely appreciated by 50K. But because of the uncertainty of GC, I can not. That's a loss of opportunity of 50K.

    My $200 contribution is just 0.4% of that another lost opportunity.

    Now you know why I support this effort.

    Most of you and your friends are in a situation similar as mine.
    I urge you to become aware, make them aware and support this effort, which has a potential to minimize those lost financial opportunities, with your wallet.



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  • Openarms
    05-28 05:50 PM
    IV core needs to follow this and raise funds for this cause if necessary.... peace meal strategy is the only strategy that we can do in this economic conditions... do not go for CIR

    Attention all EB2 and EB3 folks who have I-485 pending at USCIS-

    Currently AILA is reporting that there are two bills pending for Employment-Visa Recapture.

    1.Reuniting Families Act (S. 1085) Introduced in the Senate(*)

    2. Senate Judiciary Committee to Hold a Hearing on the Uniting American Families Act(**)


    The S.1085 in the US Senate caters to specifically recapturing visa numbers for employment based category; i.e. ALL lost visas from 1997-2007 in the employment based category.

    Also to remember is that re-captured employment based visas can only be used in the employment category. They CANNOT be used; repeat CANNOT be used in the Family category; however the vice-versa is true; i.e. unused Family Visas can be used in the employment category as happened last year 2008.

    The second bill Uniting American Families Act is in the US House. Though the intent of this bill is not the same as the senate bill S.1085 noted above; an amendment can be made to make it the same. Currently, they are scheduling a House hearing on 3rd. June, 2009 for that bill.

    We need HIGH level of action on the above two bills from IV Core and the Community; because of two reasons-
    1. Adminstration has CHANGED; so one cannot assume that things which happened in past years will be the same. i.e. No action will be taken by lawmakers on the Immigration front. Remember it is the Democrats and we are back in the good Clinton year politics (which passed AC-21).
    2. We need our Green Cards soon. India is the ONLY nation where 80% of EB folks are waiting for two years or more after I-485 submission, given security checkas and pre-processing has already been made for applications pending for two years.



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  • sac-r-ten
    02-11 12:03 PM
    Sorry for this buddy. this denial is so confusing for me. i think you should post it on the attorney forum and talk to a attorney personally.

    all the best. i hope things work out for you.

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  • miguy
    06-18 03:20 PM
    Also, what forms do you need to apply for H4 extension? can you have 2 valid visas at the same time say B1/B2 and H4?


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  • raju123
    04-09 01:59 PM
    Gandhiji has a kind of magic, which can't describe in words. I don't agree with a logic that people wanted good leader and they accepted him without question.
    At that time, returning British viceroy always advising incoming viceroy not to personally meet Mr. Gandhi, otherwise he will emotionally trap you. He had real magical power.

    Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.

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  • gc_on_demand
    05-29 12:29 PM
    Absolutely true, It is torturing the kids for the aspirations of the parents to be seen in the national TV and for award.
    It is not the poor kids are not getting the award, it is the parent, especially it is the trend with indians.

    why ? ask your kids to do same and see what you feel on that night. can your kids do same ? forget about torturing or anything for a moment. Didn't you see Nupur Lala a past winner where she is now ? if she was torture for that competition she would n't be in MIT. its a competition of brain power to me.


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  • getgreened2010
    09-27 10:14 AM
    Hi I am applying advance parole for the first time, I am a july 2007 485 filer but never really cared to apply AP. Now I am planning to go to India in december what are my chances of getting my AP approved before that. Below are my case details:

    Service Center - Texas
    Method of filing - efile
    Filing date - 08/30/2010
    Received date - 08/30/2010
    Documents Sent - 09/3/2010
    Documents Received- 09/5/2010
    LUD - 09/13/2010
    RFE if any - None
    Approved / denial - None

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  • FinalGC
    09-11 04:19 PM
    It is risk that every person takes....If you are EB3 and have not applied for GC yet, I would NOT buy a house....This would be a High Risk investment


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  • delhiguy
    07-06 12:43 PM
    I dont think they would cash the cheques and send you back the applications(reject), If they reject it , you would get the cheque back..

    Correct me if i am wrong.

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  • kumar_77
    07-19 01:47 PM
    Reached NSC july 2 @ 7.55 per fed ex


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  • aadimanav
    07-14 03:20 PM

    Campaign to recapture wasted green cards is LIVE now. Please download the attached Petition. Enter your info using Pen (instead of typing it).

    Mail + Email + Fax at least to two senators of your State and your local representative. I would recommend you to send to all Senators and as many representatives as you can call.

    Please note that this campaign is not in place of other campaigns run by IV. Please participate fully in other campaigns too.

    Please share here who, when, and how are you going to send this petition. Also share, if you get any reply.

    Please feel free to make changes in the letter/petition.


    Here is the list of Senators to whom at least one person has sent the email or fax or mail; The information is collected from the posts in this thread.

    (01) Dianne Feinstein (D-CA)
    (02) Barbara Boxer (D-CA)
    (03) George Voinvoich (R-OH)
    (04) Sherrod Brown (D-OH)
    (05, 06) ** 2 NJ Senators
    (07, 08) ** 2 OH senators
    (09) Barbara Mikulski (Maryland)
    (10) Benjamin Cardin (Maryland)
    (11) Mitch McConnell (KY)
    (12) Jim Bunning (KY)
    (13) Coleman (Minnesota)
    (14) Amy Klobuchar (Minnesota)
    (15) Carl Levin (MI)
    (16) Debbie A. Stabenow (MI)
    (17) Johhny Isakson (R-GA).
    (18) Saxby Chambliss (R-GA)
    (19) Warner (Virginia)
    (20) Webb (Virginia)

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  • chanduv23
    11-08 10:41 AM
    There is nothing wrong in wishing well to other fellow members on a festive occasion. Its just that its the wrong forum to do so.

    And besides this thread was started by a member and not a moderator or senior IV staff, hence its his personal view so please do not accuse IV of being partial to any particular race or ethnicity.

    Please don't draw this fight out of proportion and stay focussed on our mission.

    Everyone has the right to speak and if other Nationalities want to wish their fellow countrymen on their festivals they should be allowed to do so. Also, under the same protection of free speech if anyone on the forum does not agree with someone's coments they should be able to rebut and criticise them.

    Even if a Mod or an Admin wants to wish its members on festive season, there is nothing wrong about it. Even the American President wishes people on ocassions and festivals.


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  • Sree Swathi
    04-21 02:47 PM
    True, but the OP isn't proposing a law, if you read the first post, she is asking for permission :D with this kind of knowledge, such things will die in her inbox!

    Yes. a law will be good.

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  • gg_ny
    03-18 11:41 AM
    One intelligent posting amidst the cacophony. Keep it up. Sometime back one of the admin wrote about tightening the belt, holding on to ride this wave of market trouble. I wonder whether someone knowledgeable could create a thread (or add to one that exists) about this mess, mechanisms that led to it and how it is going to affect the slaves, pintos and the rest (of iV) in the next 12 months? An intelligent discussion for a change. While the Fed chairman reads the letters, emails and warnings from pintos, slaves and co. lounging by his swimming pool, sipping his martini (of course, according to the p, s & company, while market is burning), we can read something useful about the economy to prepare ourselves for the worst...

    Btw pintos, my shares went up a bit 'cause my employer was not the Bear but Chase ;-). Sorry to have disappointed you.

    Dude; not that your idea is bad, but don’t come up with assumptions that the fed chairman is clueless!! He has been handling the crisis extremely satisfactorily. So far he has proved to be a good chairman and similar to Greenspan and Volker.
    You have to understand derivatives and structured investment vehicles to understand what the economy is facing. The risk of sub prime CDO's has been spread thorough out the credit markets. Just imagine Bear Stearns which has a head quarters building in NYC worth $1 billion was sold for $236 Mil. Yankees pay A-Rod more than that. This will tell you how the valuation of derivatives has depleted cash flow and liquidity of a wall street titan which had stood through the great depression, 2 world wars, market crashes in the 1970's, 87, 01 and recessions in between.
    Google "Long term Capital management (LTCM)" and study their history you will see what derivatives are capable of. Warren buffet calls derivatives "Financial instruments of mass destruction".

    So the man is faced with such a mess, don’t insult his intelligence by making unwarranted statements.

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  • belmontboy
    03-15 10:06 PM
    If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.

    Good Luck..


    You are wrong here.

    Shoplifting crimes are usually prosecuted by state in which they are comitted. That render them state criminal case.

    I highly doubt they pull up state criminal record at POE.
    If its a federal crime, then i can believe that.

    However, this shouldnot encourage you to be dishonest at POE's or visa interview.

    05-24 08:03 PM
    But look at the case before this bill i.e now
    With 140,000 we have more candidates in the backlog and many more joining through Perm process.
    If CIR is passed, many in the backlog will move to new merit system because their labor is still pending and no new GC application after May 21st 2007 also.
    So, you have lot less people picthcing against 10% of 90,000 visas vs the case now where there are lot more people for 7% of 140K.

    I still don't get why it is bad for everybody?
    It is definitely little better for those who can use older GC process/system with 10% of 90K visa numbers.

    Also, i bet there will be another amendment to add more to 90K for clearing the backlog much faster.
    i see your point now. thanks. i wonder how many ppl do not have 140 approved by now.

    11-02 06:39 PM
    It shows that the interpretation of law is not same everywhere.
    some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.

    yes, there was so much difference between Bridgeport and Hamden. Eventually I got it for 5 years though I had just 1 year extension on my H1b. I am now in NYC and have to get NY license and just to play it safe , am planning to get the license when I get my h1b 3 year extension which will be applied sometime beginning next year.

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