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  • coopheal
    08-14 02:14 PM
    I love your optimism.
    1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
    2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
    3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.

    Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.

    EB3 I and in general all EB applicants need a solution now.
    Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.

    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.

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  • dpsg
    04-09 04:59 PM
    I realized we all took thread to direction It was not intended to.. Thats why
    I deleted all my posts into this thread... as I understand we all have responsibility to maintain the integrity/relavence of subject when we post something.. I failed but corrected latter on.

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  • validIV
    03-18 10:48 AM
    One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.

    We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.

    Best advice? Talk to more than 1 immigration lawyer.

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  • pappu
    06-18 08:21 AM
    Such companies thrive because immigrants are not complaining about them enough.

    If you find any company breaking the law, abusing the system or 'exploiting' immigrants as anti-immigrants allege, you must take action.

    DOL USCIS must be informed. Search the forum and you will find resources how to do it. Unless we all take steps, there will be few bad apples that will give a bad name to the entire system.

    I think it was Mahatma Gandhi who said that a person who accepts a bad deed and does not take action is also equally responsible as the person doing it.

    IV strongly condemns anyone breaking the law. People must report it to the authorities. IV community must work on protecting the rights of the immigrants and support anyone who is willing to go against companies that break the law or 'exploit' immigrants.


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  • go_guy123
    05-22 06:47 PM
    Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.

    You can always marry a US Citizen and solve both the problems !!!!
    How about that

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  • gchopes
    07-19 09:47 AM
    GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.

    Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?




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  • champu
    03-12 02:45 AM
    I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.

    Best option is to file new PERM + new I-140 and then port the PD

    if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.

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  • paskal
    06-19 11:11 PM
    it is ok to contact any of the leaders for the update
    you can link with a neighboring chapter, right now this is an action item being coordinated by the chapters so they have the info.


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  • vishwak
    11-23 10:54 AM
    I think you might have missed soem field in Application like Eligibility Criteria or made mistake in selecting the proper answer.

    I heard that some people are getting EAD for 1 year only, which is sad and again have to go back and pay $360 (Taxed money) in a year.

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  • apatel_17
    07-11 02:51 PM
    They will not get I-94 for more than 6 months. You need to do following things to claim them as dependet(s) -

    1. Extend their stay beyond I-94 i.e. 6 months.
    2. Get ITIN number for them. (I am not sure how you get it on B1/B2)

    This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).

    My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application


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  • qualified_trash
    08-26 03:19 PM
    NJ also extends until the I 94 date.

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  • texcan
    09-19 12:34 AM
    IV Rally Heros, all of them deserve applause for efforts, leadership and doing an unprecedented jobs.




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  • gimme_GC2006
    07-19 03:50 PM
    It is in the bottom of the first page of I-485 application form. It says "Fill in box if G-28 is attached to represent the applicant"

    Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.

    yes..I can see it now..thanks though.

    I hope my employer wont ask me to give G-28 now.

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  • kannan
    04-13 12:08 AM

    Are you going to file AC21 now or going to reply Rfe without filing AC21.
    Is your lawyer frogamn from CA? Did they infom you about Rfe if not how did you get the Rfe mail.


    I have a phone call set with my lawyer. I am going to listen to his recommendation. However knowing how others are handling similar situation will help me in taking decision.


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  • skd
    08-20 12:31 PM
    I am starting this to track Texas Center I-485 July 2 Filers to track Reciept Notices

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  • pappu
    02-11 03:10 PM
    EAD bole too....Daily Ticket
    GC bole too....Quaterly Pass

    Illegal Immigrant....without ticket...:).....freeloader

    And what is ctizenship?
    Lifetime pass :)


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  • arnet
    09-20 01:54 PM
    IV team, please consider the following:

    1. IV can post free ads in classifieds like sulekha, indiainfo, craigslist, free ad newspaper, etc.

    2. also IV can contact all indian/asian associations and Asian student association in US to place an free ad in their websites/magazine/email newsletter (some have annual magazine, some has monthly newsletter). tell them how IV helps its members in visa/gc related issues including free legal advise.

    3. IV can place free ad/info on notice boards in indian/pak/chinese restaurants, indian/pak/chinese groceries, temples, conference halls, etc...

    4. increase IV site listing in search engine results. any combination of keywords in gc or visa should bring IV site in top 10 like when searching any US visa (like H1/H4/H1B/F1/J1 etc.), gc related keywords (like I-485, PERM, labor, I-140, immigrant, FingerPrinting, etc). This can be achieved for a little money and this can be done by contacting yahoo/msn and other SEO (Search Engine Optimization) companies. Our members can help us in this regard.

    5. Send newsletter email to all IV members atleast ONCE a month and ask them to contact their friends/coworkers/their company employees to join IV.

    This newsletter will request members to contact indian/asian association in their local area for membership drive.

    Also request them to send feedback to improve IV and to increase publicity and membership.

    6. Create "Free Legal Advise for Employers/Schools Only", where employers/schools can send visa/gc related questions and attend conference call during this session. This is an addition to the current one which we have now (which is for open public).

    also request these employers to place IV information on notice board in all office branches, also ask them to request these employers to give IV information in welcome package. same for colleges we can contact international student counsellor or concerned persons to give IV information in information package to foreign students who join their college.

    7. Create an email like "" and mention this in contactus page. Every month newsletter will rquest IV members to send "employers name/address/phone and contact person name/email" to this email so that we can keep the employer information private. Ask them whether IV can use their name to contact them.

    This employer should hire foreign graduates, or who sponsors H1B or GC even J1/Business visa etc... in this way, if we collect their names/contact info, we can contact them and request them to place or send email to their employees about IV. They might refuse but we convince saying that IV is providing "free legal counsel for Visa/GC" for both Employers/Employees where they can opinion about their visa/gc related questions and explain how IV helps in getting rid of GC backlogs and advocates H1 increase etc....

    8. Create "Contact Us" page with a form inaddition to what we have.

    following fields like: from, category, subject, how they heard about us, comments/feedback. This category can be general, questions for free legal advise, feedback, etc.

    how they heard about us: give options like IV member/search engine/college/employer/friend/family/association, other etc., if they choose others, they have to tell what it is, this will help us to concentrate on marketing in the area through which we received more membership.

    9. Not sure how this is done but check. Do email marketing from hotmail/yahoo, etc. most people give for less than 50$ for 1000 emails, get list of emails specific to people who has occupation in IT who are in US and send email to them.

    10. Consider this after trying above options: pay-per-click(PPC)/Adsense (google). for this, we need to spend some money, but some companies are giving 50$ for new customers, after that they will charge us. we can bid very low for PPC.

    Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.

    We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.

    Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us.

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  • augustus
    10-05 12:23 PM
    You have to create an online account to get updates on you application. You will see LUD and there is the date everybody is looking for. You can also receive email if take the option.
    You will not see LUD if you just put in your recipt number to check status of the case.

    Thank you thank you thank you sooooooooooooooo much!!!!!!!! I didnt even know you had to do this!! I would put my receipt number in check status and worry like a fool. I am just plain stupid!!!!!!!

    After creating my account, I realized there has been updates!!! And now am thinking about all those days I worried.... what an idiot I am!!

    My husband would be very happy to know this. THANKS SO MUCH!

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    06-18 03:55 PM
    Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

    Any thoughts ?

    Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks

    09-20 09:50 PM
    I have been at many occasions when the national anthem was sung. At each occasion, as soon as the song was sung, everybody in the crowd sang along out loud. So I expected the crowd in this rally to sing along as well. But it was all silence. I felt really embarrassed.

    12-02 03:26 PM
    "GCPHUL" - please if you get a chance do rtake a minute and eply to my question

    Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?

    Any info will be helpfull..

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