Thursday, June 16, 2011

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  • diptam
    07-06 01:04 PM
    He is a excellent lawyer it seems , may be i'll hire him ...

    What is his name , is he/she a AILA member ?

    My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.

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  • ItIsNotFunny
    10-21 04:41 PM
    It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.

    One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.

    Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.

    I understand what you say but interpretation differs from IO to IO. It still goes to chances....

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  • imm_pro
    07-20 03:44 PM
    Hillary is such a 2 face person...She collects all the campaign funds from the tech lobbies with her pro skilled immmigrant oratory skills and at the same time appease the anti immigration rightists..

    also whats up with the senators from CA..both of them NAYed..what are the influential tech companies doing ?

    IV shuould highlight these upcoming bills like this on the front page and ask members to respond accordingly.

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  • lost
    09-07 10:36 AM
    I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???

    Came in Dec 1990
    Been on various visas including F1 (grad and undergrad) and H1.
    Didn't get to file GC till 2007 unfortunately...

    Thanks all.

    I'm in my mid thirties now. I came as a teen, fifteen.

    So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....

    And do i get a GC for beating everyone on here :)


    Did your parents file for GC? What is their status now?


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  • desi3933
    07-06 12:32 PM
    Have all those visas made available been used up so far by USCIS? I doubt it.

    It depends on how visa number requested is used in the I-485 approval and how it is termed as "used" from "made available".

    Not a legal advice.

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  • chanduv23
    05-18 04:33 PM
    Hi Chanduv23,

    Thanks for the reply.

    Can you let all of us know the follwoing:

    1. What are the steps involved in to do everything right?
    2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
    3. If not then what are the disadvantages or if can't trust employer ?

    Please let us know about all the steps involved to switch employer by invoking AC-21?


    Ok, basic steps

    (1) Make sure you have your petitions in the online portfolio.
    (2) Make sure you report address changes promptly and they have latest address on file
    (3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
    (4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
    (5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
    (6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
    (7) Keep a copy of 140 approval - though it may not be required, but good to keep.
    (8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
    (9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
    (10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
    (11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.


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  • pappu
    06-10 01:18 PM
    The best way is this .

    1) Apply labor and I140 .

    2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .

    3) Return to Booming India and have fun and make money . Raise kids . Change jobs .

    4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D

    5) Retire in the USA in instead of India . :D

    1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )

    2) Give kids the Indian upbringing .

    3) Enjoy with your family , friends and relatives

    4) Come and back and retire in USA after retirement .

    Is retirement better in USA?
    Just curious to know the reasons.

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  • willwin
    07-11 09:06 AM
    dude..dont rain on our parade...everyone knows the harsh realities.. i myself said earlier that only half the battle is won...but the least we deserve is one day of hope.

    Congrats EB2-I !!

    I guess the intention of DOS was to enable Consular posts to approve as many EB2 cases as possible inorder to minimize VISA wastage. And also continue to enable USCIS to pick the low hanging fruits.

    Otherwise, I dont think USCIS has cleared all pending cases with PD earlier than April 2004.

    Yes, EB2 definitely deserves this moment and at the same time EB3 I does not deserve this 'coma' stage in their PD movement.


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  • ItIsNotFunny
    03-12 11:15 AM
    Dear ItIsNotFunny,

    For committed people like you, we can request IV core for some special consideration.

    But I support this initiative. Just see the FOIA thread. We could not even pool up 5K and there are at least 5000 members out of which at least 500 active users.

    Unless there is some intiative like this, it will be impossible for pushing any lobbying activities. There are many people who wants every thing free.

    I support IV

    I support the idea. Its just market is bad and people may not be able to contribute so regularly.

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  • new2gc
    07-06 03:19 PM
    >> Although 30,000 people are IV members

    18,344 members have zero post.
    21,807 members have zero or 1 post.
    27,370 members have zero to 10 posts.

    That should give an idea how many members are really "active" on IV.

    Though IV core is doing a wonderful job as volunteers, no wonder why there is why there are only few active participants. I have asked my friends to join IV (some of them already joined during '07) they say that it is occupied by few senior members and anyone speaks against them or come up with any suggestions, they will

    --> update the profile ( I feel that they should update)
    --> contribute time and MONEY and there are many seniors who do not update their profile and still didn't donated a dollar....
    --> If you speak up loud, you are an anti- and criticize until you leave the thread...

    They say that it has become hangout joint for few and they suggestions from new comers are entertained here...IV is just depending on CIR which is known to fail from all fronts and IV is not working towards smaller bills....


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  • InTheMoment
    07-18 02:23 PM
    Yes..a fairly correct and concise way of putting it !:)

    So now guys realize how RD becomes crucial within the PD current window !
    If the window is too current say 06/07 than it may not be fair to older PD's
    if it around 2003 the window is not too wide and quotient of fairness increases.

    He is absolutely correct. 485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.

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  • hindu_king
    03-04 12:04 PM
    LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.



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  • ind_game
    05-15 10:13 AM
    Hi ind_game,

    For me, 1. I-140 approval in September, 2007 (actually 09/04/2009 as I have the hard copy) has typo. I think your 09/04/2009 should be 2007.

    Please correct.

    I have corrected my previous post. thanks ak_2006

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  • coolvigo
    07-11 10:12 AM
    I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.

    My priority date is April 06. Does this mean that there is a chance for me to get the GC now?

    How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?

    And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?

    I have the same I want to see this on USCIS website before I start enjoying the mood! But if it is true.....I am very very happy !


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  • addsf345
    12-02 07:54 PM
    There is a different thread also going on, but sharing it here for anyone who have not noticed it yet. RG updated his website with below information.

    Good news concerning AOS denials based on I-140 revocations

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  • Roger Binny
    07-05 02:55 PM
    mbawa2574 for IV president. Anyone?

    Dude if you do not like something, why don't you start your own aggressive organization. You do not do squat on IV and only whined.

    It is always an option for any one with in their org, but if his point is wrong, then IV core leadership should prove him that they are not sitting idle or moving very very slow.

    Every one starting their own organization or asking to do so doesn't solve the purpose.


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  • Miya Maqbool
    09-10 03:32 PM
    HI Pappu,
    PLease post the total amount received end of the day on the web site....
    Hopefully we will exceed the required amount....
    Go IV!!!

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  • jimytomy
    04-12 06:45 AM
    How long it takes to get 140 approved in premium?

    Officially 15 days. But according track itt website , it is taking at the most 8 or 9 days.

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  • mirage
    08-17 01:20 PM
    Guys please send out these letters, It needs 20 minutes of your time & about $2 stamps. But it can really save us lot of time and anxiety, as, if it goes well with Rep. Zoe Lofgren or Senator Cornyn they can mandate USCIS to publish these statistics. Rep. Logfren has done this in the past(mandating USCIS & DOS) she may do it for us....



    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,

    Dear Sir/Madam,

    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories

    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.

    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.

    God Bless America!

    Thank you for you attention,

    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072

    08-04 11:49 AM
    There's no law that employer should borne the cost of GC.

    I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.

    I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.

    2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.

    I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.

    That was your choice.

    I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.

    H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.

    There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...

    One hand, you are saying guessing and still insist that it is based on facts.

    01-03 04:26 PM
    I come from a nuclear family in India and see no reason why my kid cannot develop into a good citizen the way my parents made sure I did..........

    I learnt at a very young age that living with your cousins/uncles/aunts is not necessarily a guarantee of being close........ I am a lot closer to family I never lived with in the same city than I am to family who lived a few blocks from where we did.........

    It is all in how the parents mold the environment for their kids. if we as parents fail in our duty towards our kids, does not matter where you live, we will do a great disservice to society..........

    Sure, I dont think there is any one correct answer for this dilemma. Most of us are going to base our decisions on our personal circumstances and hope that they turn out correct in the long run :)

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