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  • gsc999
    09-22 12:21 AM
    The broken system is causing a reverse brain rain, right? Well How about we:

    1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that

    2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note

    THAT will send a strong message!!! (trust me)
    Last year anti-immigrants send bricks to lawmakers to make a point about broken borders, strong symbolism, bricks to construct walls.

    In a similar way, this seems like an interesting idea.

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  • baburob2
    06-15 08:18 PM
    can i know what ur pd is plz and ur nationality, ur EB cateogry is, just to get a feelign on how long it takes.

    I don't know how many years i have to wait to get out of namecheck. Golden years going by ...

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  • psaxena
    10-01 08:09 PM
    Even I was thinking on the same lines and discussing with my friends. My son travel with us using PIO. But I was thinking to apply for the OCI.

    Now the question is Pros and cons of OCI on PIO.

    With OCI pro is
    - one can live in India as long as he wants.
    - Donot have to pay NRI fees in the school and colleges.

    Cons -
    Indian law will be applicable, means something happens US government won't do anything.
    Rest of the NRI rules are applicable, no right to vote, limitation on kind of investments

    Guys this is all I know, put more together so that everyone of us in the similar situation can make a decision.

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  • kamakya
    10-03 12:32 AM
    I applied for PIO card for my son and daughter and both was rejected as both me and my wife are Indian citizens. I was under the impression that kids who hold PIO card need not have to pay NRI fees during college. Is this something true?


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  • return_to_india
    10-01 10:25 PM
    I and my wife are debating whether to apply OCI or PIO card for our son who was born in US and has a US passport. We both hold Indian passport.

    Can you experts please suggest which is the better route? The Indian consulate phone number is of not much help. It just keeps going in infinite loop and does not connect to a real person.

    To best of my knowledge, at least one parent must have US citizenship to get OCI ( the rules were different earlier - may be 3-4 years back ).

    Here is the san francisco Indian consulate OCI V/s PIO card link:

    Consulate website :

    PIO Info : Consular Info (
    OCI Info : Overseas Citizenship of India Menu (

    As for registering with police ( with PIO card ) every 6 months, i am not sure.
    Some of my friends say one needs to send a letter to some regional dsp office.

    Anybody has more info ( i mean the families with us citizen kid who moved
    back to India and staying there with PIO card ? ) ?

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  • sachug22
    01-14 12:21 PM


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  • chanduv23
    02-23 01:08 PM
    My lawyer advised against filing AC21 proactively. His opinion is that it may trigger a big RFE requiring financial details of the new employer. How true is this? I have a feeling my previous employer might withdraw my approved I-140 on the advice of their corporate lawyers (Fragomen, who I believe recommend I-140 withdrawal as past of their standard procedure when an employee leaves). I would like to preempt that and file AC21 documentation.

    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one

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  • gk_2000
    03-09 03:15 PM
    Not to spark a fight or anything, but I would like to congratulate all the EB3I's who became current since Jan.. great going! We are at April 02!


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  • rajuram
    11-04 09:22 PM
    Simple...ask someone to make bank draft in dollars...mail or fedex here..

    5K limit has been removed since long back,now its allowed upto 100,000 K dollars as gift from India but you have just have to prove that the amount doesn't have tax liability left on it.

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  • nixstor
    10-12 12:13 PM
    Sent my email.

    For those who are thinking what should be done, Please send an email to the guy who wrote that editorial


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  • snhn
    05-21 12:53 PM
    so TSC processing time actually retrogressed this month by 8 days if it is at June 21. For times of April, it shows that they are processing June 29, 2008.

    what is going on man. when will they get to Aug 7. but then again, if EB3 is not avaialable then what si the point.

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  • gg_ny
    04-25 09:07 PM
    on the contrary, the point based system completely eliminates the need of a lawyer, with the canadian and australian system u just need to do the work urself online and the balls starts rolling then, it'll be interesting how they react to this

    Maybe for the educated few (in the crowd of thousands with different eligibilities). And imagine a few millions with no or dubious papers getting on the line in next few years. Just because one can apply for PR with Canada and Australia easily, it cannot be assumed that the process would be similar for US. I do not know about Australia, but comparted to Canada, I am pretty sure there would be more people wanting to come to US and the restrictions are going to be more. Three things are inescapable here for anything to do with the feds: tax, lawyers and lawyers. Any immigration reform in which the lion's share does not go to the lawyers will not reach even the banks of Potomac.


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  • ramaonline
    09-07 01:16 PM
    Thanks for your feedback. We dont have valid H1B stamp on the passport although we have a valid H1B approval. My wife needs to go for stamping.
    My question is, Can I enter thru AP after a 4 week period whereas my wife can apply for a H1B visa at US consulate and enter using the stamp on her passport. I would be using H1B and working for GC sponsoring employer and wont use EAD during this period.

    If you use AP to enter you will not be in H1B status but you will get Parolee status. If you enter using a valid h1b stamp, you will get into h1 status. Your spouse cannot get h4 stamp based on your parolee status but can get h1 stamp based on her own h1 petition.

    It is also possible to be in AP status and use the H1 petition to continue working for the h1b employer. EAD is just a work authorization and is not mandatory in this case. Check this link for more information:

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  • GCOP
    03-21 01:46 PM
    I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.

    Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.

    Hope this helps others.

    Can you please clarify, what details did you fill in following columns of I-94.
    1) Name of the City where Visa was issued: ( Did you write Advance Parole ?)
    2) Date of Visa Issued: ( Did you write Date of issuing Parole ?)

    My wife has gone to India. She has her Passport with her two Parole Approvals and her new extended H-4 Approval. Does she need anything else other than these documenys ?
    I will appreciate your Input for the above questions. Thanks


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  • pappu
    05-28 12:57 PM
    IV admins,

    For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?

    Appreciate if we could get more details about the planning for these three days.

    We are going to be posting FAQs soon on IV website. People who have confirmed their participation will also be contacted personally. Please also check with IV co-coordinator (Starsun) if you have specific questions or write to info at

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  • Legal
    06-12 02:00 PM
    This is my thought process (also referred by Ron G):

    July 2007 brought in approximately 500K 485 cases.

    We do not know how many cases were pending as of June 2007.

    Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
    Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers

    so, 500K - 300K = 200K.

    Assuming USICS approval rate is 85%; 75K of 500K are denied.

    200K - 75K = 125K EB cases pending from the July 2007 cases.

    Additions: from all current categories - may be 25 K in 2 years?

    So, 150 K plus whatever that was pending as of June 2007.

    So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.

    Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.

    I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.

    "Law is an ass".

    One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.

    With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.

    Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.

    Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)

    For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.

    I feel like I just wrote a short story.:)

    Members, feel free to comment.


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  • vrkgali
    02-08 01:38 PM
    When I applied for my labor , Even though , Ad is given for B.S and 7+ years of experience, My employer told me that My labor is applied on Eb3.

    After my labor was cleared, when applying for I-140 , we had to change the attorney.The new attorney applied I-140 in EB2 category.

    when I asked the new attorney about this , she informed me that , since I have got B.S and 10+ years of experience, I am eligible for EB2.

    since I did not get to see the Labor clearance certificate, I dont know on what basis Labor is cleared.

    Now I am confused whether I am in EB2 or EB3.

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  • paskal
    04-09 04:41 PM
    you are welcome to vent your frustration too...

    I am from India and I agree this whole thing is overdone
    But let people release their steam, you release yours. India is just a euphimism here for your native country
    you can alos of course ignore the thread like i did for the longest time.

    mainly, let's just try to be nice to each other, and try not to vent on others.

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  • KRS
    05-14 10:55 AM
    but i will donate some money specifically for this purpose. Let me know when and how to do it.

    02-01 04:26 PM
    HAs anyone seen this.
    How is this going to effect our efforts for lobbying

    Check this out


    02-09 04:13 PM
    The requirements for the position shouldn't exceed SVP time levels for the job zone to which the position code belongs - that's all I know. If the position code falls under zone IV or V you can require MS.

    I still don't understand how BS+5 qualifies for EB2. If the position code falls is in zone V, BS+5 (7 years of SVP) would be a "normal" requirement, but isn't EB2 only for people with advanced degrees AND positions that require the advanced degree?

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