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  • bindas74
    03-17 10:39 PM
    You all are right that we should not divide ourselves on EB2 and EB3 basis. But it is true that there is no hope for EB3 unless the point is raised for it in IV drive. EB3 is a hopeless case. People are so frustated since they are unable to decide about their future. Let's do something for it too.

    I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....

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  • validIV
    04-08 10:27 AM
    I'm hoping they make all the Family Based current. Don't see why they only made the EB categories current in the July 07 Fiasco. Keeping my fingers crossed.

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  • shana04
    02-23 09:39 AM
    Hi All,

    I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
    I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.

    Can some one please let me know how i can handle the period that i was in bench in 2008.

    Labor: July 2005
    485 File Date: Aug 2005
    I 140 Approve Date: <Mon> 2007
    On Bench: Jan 2008 to Jun 20th 2008
    Working with new employer since: June <last week> 2008
    RFE: Dec 2009 (for EVL) filed AC21
    second RFE on last 5 yr employement, W2 and Tax returns

    Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney

    1. When did you start using EAD

    2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.

    If you filed taxes appropriate to 2008 then you are just fine

    talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.

    Please provide all the facts before some one can help

    good luck and keep posted with updates

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  • texanguy
    01-14 02:08 PM
    can you define the letters please?

    Here are a few equations... :) :)
    VB = W + A + H + O <--- 2008 Dem vote bank
    VB1 = (W - ΔW1) + (A) + (H + ΔH1) + (O) <-- pro-illegal policies
    So Δ(vb1-vb) = ΔH1 - ΔW1 (it may give them some additional votes.)

    VB2 = (W - ΔW2) + (A) + (H - ΔH2) + (O) <-- pro-legal policies
    and Δ(vb2-vb) = - ΔH2 - ΔW2 (significant loss of white and Hispanic votes )

    Based on this - Dems can't afford to be seen as Pro-legal.


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  • Berkeleybee
    04-26 11:45 AM
    BTW, I want to use this opportunity to thank IV members virtual55, jkays94, and cpolisetti for setting this whole ball in motion.

    It was their post on the forum (see pointing out Mitra Kalita's Q&A on the Wash Post site that set this whole ball rolling.

    It is just one example of how every member can do his or her part to help us.

    Keep the spirit up!


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  • psaxena
    07-31 01:05 PM
    The document was published on April 30th 2008 , its a year old document means nothing at this moment of time.

    Well - from what I understand is that - these are the low hanging fruits - just like how you optimize time and resources, they pick candidates that are approvable and and utilize the time to process.

    It is actually meaningless unless they make it public - say - send a letter saying that your case is preadjudicated and all we are doing here is waiting for the number.

    If it is something internal - then well as long as your file is lying on the shelf waiting for visa availability internal policies may change anytime.

    The entire preadjudication thing was started at the peak of economic turmoil - some say it was planned to weed out as many bad apples as possible from the GC queue by issuing denials, noids and rfes - if this is the case - then this will continue to happen as long as economy does not improve and job market is still bad.


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  • siravi
    10-11 07:15 PM

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  • sorcerer666
    04-21 02:45 PM
    Honestly though, OP's proposed law would get much more congressional support than EB reform.

    If first you gave amnesty, and then allowed ppl to sponsor their parents on a GC, the illegal immigrant lobby would be very very happy.

    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!


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  • funny
    10-01 10:58 PM
    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)


    What about when u start the company on your spouse name and you work through it...I guess that would also be considered as self employment

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  • punjabi
    12-31 02:12 PM
    I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to
    ...but I am one real unlucky individual !

    You create your own luck, my friend!! God is not working against you or anybody else.

    Very unexpectedly, just last year in a hospital, the doctor told me that unless I get operated ASAP, there is not much chance for me to live. As I was still trying to digest that news, I was thinking...

    ***k the Green card. ***k my job. I just want to live few more years until my son grows to at least 18 (he was just 1-and-a-half at that time).

    And I really laugh about the whole incident now. And when I see others vent or getting upset about something, I can't help but get a smile. Because I learnt the hard way that we never appreciate what we have got and always complains about what we haven't got.

    It's New Year time!! Enjoy and cherish your presence. And forget about the job/visa for a day or two.


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  • am4gc
    10-11 01:37 PM
    Nov 2006 Employ-ment-Based
    1st C C C C C
    2nd C 15APR05 01JAN03 C C
    3rd 01JUL02 01JUL02 22APR01 08MAY01 01JUL02
    Workers 01OCT05 01OCT05 01OCT05 01OCT05 01OCT05
    Workers 01MAY01 01MAY01 01MAY01 01MAY01 01MAY01
    4th C C C C C
    Certain Religious Workers C C C C C
    5th C C C C C
    Targeted Employ-ment Areas/
    Regional Centers C C C C C

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  • karan2004m
    09-06 11:40 AM
    i have to travel India this month and returning US in oct on AP. What will be the validity of I-94 i am gonna get? AP expires in Jan 2008.

    And what will happen if this i-94 on AP gets expired. Do i need to leave the country?

    Here is the relevant info from USCIS site (I-131 instructions)

    Link (

    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.

    Proud Indian American and Legal Immigrant


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  • desi3933
    02-11 03:34 PM
    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equivalent". that might be the caused the I140 denial .

    Any one had this situation before ?


    I have sent you PM.

    It seems that your I-140 is re-evaluated and denied.

    Not a legal advice.

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  • vbkris77
    07-02 11:12 AM
    I have followed it up with AILF and 3 more attorneys just in case to see if a law suit is feasible. All of them said, it is not possible. Only option left is to write to Dept. of Justice to see if this law holds a constitutional test. I wrote once, but never got any reply on that.

    But if we could take this as a group and mobilise on a mass scale to reach out to DOJ and have them review this INA law we might get attention.

    Couple of points to Nay sayers.. that this is not racial descrimination

    INA even though uses country of birth instead of color of skin It is still considered raical because, Under the same INA, if someone is born in a retro. country and their parents are not from that country, One could use parents country of birth.

    So if a family from UK on a business to India gave birth to a child, this child is not subjected to India limits. Which means this applies only to natives from India.

    I tried explaining this in my writing to DOJ. But one letter didn't do the job required.


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  • mikesin
    09-22 06:48 PM
    By Direction of the Chairman


    Full Committee
    1:00 P.M. in 2141 Rayburn House Office Building

    Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
    To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress

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  • thankgod
    06-03 12:53 PM
    ya that explains.... so u'r some 20 yr old who need to grow up..... have to learn that sometimes there is a lot more to what just what you know......

    and why would you prefer maths.... dummy, didn't you know, we have calculators & computers to do simple and complex calculations.....

    btw, for starters, what've you achieved? if the answer is nothing.... then learn to appreciate others.... maybe that might help to be humbled at the effort and genius of 10 yr old.....

    going for a competition with international participants, then being in finals of a competition & then winning the a competition at this level .... wow.... and you are not impressed..... and not that u'r not impressed, you have nothing better to do on a friday... other that demeaning the effort of some kids, who for sure are a lot more dedicated than what you be in u'r entire life..... what a low life r u....

    how @ u share the last time you were went to compete with other competitors at international level at any age group.... even if it were competition to down play what other's have achieved...... i don't think you can point to a national press covering you for even participating, if not winning, any competition.....

    This post clearly showing your stupidity.

    we can do simple math in calculators and you cant give a formula and ask it to do its math.

    Again if you do math , your brain work very well where as all the competetive exams.

    And you are talking again like a useless creature.

    As a member from so many years you dont understand what this immigration voice meant for ?

    Then do one thing from tomorrow onwards post like "Happy Birthday to my friend" or "Happy Anniversray to me". You stupid dumbo.

    First learn english and read the thread why we are opposing that.

    Where is your maturity.

    Still if you want to bark.....Bow Bow Bow ... thats your choice.


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  • somegchuh
    07-22 01:40 PM
    That's exactly my point. I am not saying one should not go to India. Canada is really an option for those who have spent a significant part of life in US and for personal reasons would like to live in Canada.

    That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.

    If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.

    I have heard the following -ve things about canada.
    1. Smaller economy
    2. Fewer IT jobs
    3. Require licensure in other fields
    I think the above are true but I want to hear real stories.
    1. What kind of software co.s are there.
    2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
    3. What skill sets are in demand.
    4. How hard is it to land interviews.
    5. What kind of interviews can one expect

    What are the +ve things about canada?
    1. Freedom to choose profession
    2. Freedom for wife to worl
    3. Cheaper housing.
    4. Anything else?

    Let's keep the ideas flowing ....

    Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.

    No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.

    We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.

    But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.

    So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:

    1) CANADA
    5) UK.

    UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.

    Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.

    New Zealand economy is 10 times worse than Canada

    That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).

    So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.

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  • Maverick_2008
    05-02 09:03 PM
    Buddy, your tone sounds hostile and as I said we're staying here by choice - but let me tell you this, after getting an MBA (with financial aid) from a decent school here, staying here for a decade, getting into upper management of a large company and having US born kids, I'm relocating to India after the summer. I've just secured admission for my first born from here and it went without a single glitch.

    So, YES, I've tried it, I'm pretty darn willing to and I got a strong pair of balls!


    have you tried any of this? or are you willing to!?

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  • trueguy
    08-16 01:45 PM
    I got a reply for these letters from my local Senator. She just said thank you for expressing my opinion about this bill and she gave me the latest status on it.


    05-14 10:27 AM
    I also want to ask this question. If i want to appeal after 2 years then is that possible?

    05-10 03:24 PM
    My 4th contribution today $100 - from my bank

    Immigration Voice
    Member ID : chanduv23 $100.00 05/16

    Contributed $400 so far along with this.

    IV is doing a great job. Great going IV.

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