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  • pak
    07-12 08:56 AM
    Please visit

    enter your address to find the senetor of your area.

    Fill up your contact info.

    Paste the templet:

    I am a highly-skilled professional who entered this country legally. I've
    been waiting for my US permanent resident visa -also known as "Green Card"
    for the past several years along with 500,000 other educated, highly
    skilled employment based (EB) immigrants. Many of us have been waiting for
    our turn to get Green Cards for 5-10 years while consistently abiding by
    all the laws of this country. Such long delays are due to tortuous and
    confusing paper work, backlogs due to various quotas and processing delays
    at US Citizenship and Immigration Service (USCIS), other allied state and
    federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers were
    unavailable ("retrogressed") since the fall of 2005. For the past several
    decades, the US Department of State (DOS) has been publishing advisories
    known as visa bulletins once a month to announce the availability of
    immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
    DOS announced that all EB visa numbers would be "current" for the month of
    July. This meant, irrespective of our "priority date" (date assigned to us
    for our turn in the line for Green Cards), all of us were made eligible to
    apply for some interim immigration benefits. This "priority date" refers
    to the date when our labor certification (documentation verifying no US
    citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate
    green card for most of us; but at least it would have ensured us interim
    benefits such as the right to travel and right to work for any employer-
    this was still a welcome change. Especially, for dependent spouses who are
    otherwise unable to work, this would have translated into right to travel
    and work without restriction and thus channel their energies positively.
    Several dependent spouses are also highly-skilled.

    Tens of thousands of applicants spent thousands of dollars in legal fees,
    immigration medical exams & vaccinations & getting various supporting
    documents ready to file our immigrant petitions to USCIS, at times
    inconveniencing our old parents in our home countries as well. It has been
    an agonizing two weeks for us. Some of us to had to fly in our spouses
    from our home countries or have had to cut short business trips. Hundreds
    of millions of dollars were spent by thousands of immigrants in
    preparation of their application. To our shock and dismay, on the morning
    of July 2nd 2007, USCIS announced that EB visa numbers were not available
    and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and
    disheartening experience. These are people that are in the country
    legally, paid taxes and followed all the rules.

    We sincerely seek immediate congressional/ legislative remedial measures
    which would (1)Reduce the enormous backlogs of green card petitions of
    legal skilled immigrants (2)Ensure and request USCIS not to reject our
    immigrant visa petitions filed in July and provide us interim benefits of
    a pending immigrant visa petition. We make this sincere request with the
    hope that people who played by the rules will be rewarded.



    You will receive confirmation from senetor's office.


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  • pal351
    01-05 11:31 AM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance

    What do you mean by " expedite my petion by calling to customercare." on what basis they did for you? can please elobarate it bit more.


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  • immilaw
    09-17 11:44 AM
    Few things to remember
    1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.

    2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).

    3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.

    Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.

    I think people from India with post 2004 Pri dates should
    a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change

    b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.

    c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.

    d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.

    e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).

    Use this thread to post new ideas.

    I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.

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  • Sachin_Stock
    11-09 10:16 AM
    I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.


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  • ssss
    01-10 06:43 PM
    My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP

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  • maximus777
    01-14 01:04 PM
    How did an EB3 2004 app get approved? Did you port?


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  • nrakkati
    08-15 12:28 PM
    Congrats and welcome to IV, hope you become an active member and contribute your efforts to IV.

    Sure...Just contributed $100, will do more in coming months.

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  • webm
    09-25 10:19 AM
    We both have received EAD.

    But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?


    Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..



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  • 485Mbe4001
    10-01 01:14 PM

    page 37-44 ...

    I always thought that i would never have this problem, i spent time worry about PD being current, medicals, certificates and the rest, i have a normal name/country etc, no history, no parking tickets etc. Most of the people are just like me, they never think they will face this issue, and end up getting stuck. As the report mentions there is a lack of funding and resources.

    BTW mallu, if they are watching you, just go and talk to them...tell them to clear your file, it will save them some time and ease our pain too :D

    no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
    The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.

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  • ash0210
    05-15 09:09 AM
    Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
    - India PD current & I-485 already filed (guys already in Que)
    - India PD current & I-485 NOT filed (guys want to Join the Que)

    This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!

    This is a EB3 - General Poll across all countries


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  • glus
    03-19 11:47 AM
    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.

    Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.

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  • reddy_h
    01-07 10:38 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.


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  • raj2007
    06-21 03:52 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.


    Contribution so far: $100

    You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.

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  • tertip
    03-11 04:02 PM
    The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...


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  • abhijitp
    01-18 01:35 AM
    > ***If you don't sign, that means no snacks
    LOL:-) Thanks for making my day!

    NORCAL, see you there on Sunday!

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  • bbenhill
    04-08 12:48 PM
    I filed paper last year by myself (no additional $150) ... it's really easy .. only filled some basic questions .. I like paper because all my documents will be on the same envelope :D

    online filing you still need to send some documents via mail.

    will do the same this year (paper filing)..

    Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.


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  • eagerr2i
    08-30 01:03 PM
    A clarification to the questions raised, you may book a ticket for a friend or a relative using your airlines miles. I have done that for some of my relatives and friends on a few instances in the recent past. Hence, there is no need to transfer miles to the individual traveling.

    You may not sell the miles in any form.

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  • rajuseattle
    08-04 01:23 PM
    Sorry to hear about your friend's situation.

    From your answers it looks like she is on H-4 which is dependent spouse for H1B.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.

    Once she finds new employer she can start her GC process.

    If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.

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  • needhelp!
    05-15 06:22 PM
    co-sponsor = confirmed support, so thats what we want.

    06-24 06:07 PM
    Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.

    If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)



    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    09-10 10:10 AM
    Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
    Did you try that option?

    Birth Certificate from consulate are not acceptable to USCIS. Please check wiki for details.

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