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  • amit_p27
    06-26 12:32 PM
    Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's

    Whats wrong in that are they not the guiding principles of living life. when we all get angry about not getting the GC, this same faith and values keep us sane. I associate these with IV so that God can give them strength to succed. we will give our donations to support that.

    other news, I hope, we will have this bill passed............

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  • fide_champ
    04-13 08:39 AM
    Today is friday and 13th, anything can happen. Let's wait for miracle...

    are you hoping for any virus to corrupt their system and change everything to current?

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  • TomPlate
    02-28 01:49 PM
    I am not able to see, it comes to me as a blank screen. Can you paste the information in this thread.


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  • sats123
    06-19 04:25 PM
    Carlau, Thanks for helping me. I also got your PM. This is a great find. I am trying to look in this URL based on my job title.

    sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx


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  • chanduv23
    11-16 02:47 PM
    Good stuff, We will all do this. As such, most of the reqruiters, when they contact you on phone they say "My client is not interested in hiring h1b candidates, you must have at least a Green Card or a EAD or must be a US citizen", I was under the impression that a company has the right to proceed with considering you for a job based on whether you are a EAD or a GC or a citizen
    Can IVs lawyers give more information about this?

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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005

    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)


    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.


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  • Libra
    01-11 12:40 PM
    596 members online, but only 12 votes, guys, we can do better than this, it's take only 5 mins to sign a letter and mail it. please do it asap.

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  • uma001
    05-22 04:21 PM
    If somebody did not have project for few months sometime before jan 2007, will that makes his/her stay illegal.


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  • nousername
    11-10 01:43 PM
    very well said goel.. I said the same thing to IV and I got God knows how many reds. The only time I saw a huge impact was after July fiasco but again it was not IV's alone effort, many other organizations were included.

    Honestly IV is a great platform to help members with their questions and exchange knowledge about immigration topics but nothing more.. I don't expect the founders to leave their full time jobs to address immigration issues as without a job they won't have any immigration issues.

    To people who say that illegals have huge support and resources that is because they have lobby money from businesses who need cheap labor, lawyers who need new clients and politicians who need (future) votes..

    In our case business know that first we are not any cheap and second they can move the jobs overseas.. Lawyers already know that they have us by the b***s and politicians flip - flop depending on who they talk to (citizens or us).

    I think I have joined IV in last 3 years or so...
    Donated money once & have called congressmen & senators many times ...

    Could someone please tell me -

    What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.

    I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....

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  • mhb
    07-06 06:18 PM
    watching NBC nightly news.. No mention yet... hmmmmmmmmmm..
    just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!


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  • aviko21
    10-03 10:17 PM
    my case is quite funny.
    Applications went to texas service center originally.
    From there they were transferred to California where they issued my EAD and AP but transferred the application back to TEXAS.

    Oddly enough the only thing that i initially got in the mail was a transfer notice and the ead cards. I didn't get the receipt notice, the AP or a FP notice?????/

    Any Idea whether anyone got ead without FP?

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  • sidm
    04-10 07:55 AM
    And what makes you think that software consultancies cannot be run without H1-B visas?

    Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....


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  • gc4me
    04-16 12:10 PM
    Unexpected big jump for EB3 ROW. But I will take it. :D

    it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???

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  • yabadaba
    05-22 03:43 PM
    Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.

    thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.


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  • gc_maine2
    07-27 03:12 PM
    OMG .. what a sense of humor.. :D :D

    You are not a wellwisher, why did you forget the local service center where sometimes a case gets transferred to.. :D :D :D

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  • GCKaMaara
    04-20 10:04 AM
    Very good initiative.

    I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.

    "I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.

    Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."


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  • JunRN
    12-20 05:43 PM
    Good read here:

    Risk of GC Rescission for Failure to Notify Change of Job / Employer!



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  • yabayaba
    08-23 11:28 AM
    Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.

    Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.

    What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?


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  • eb3_nepa
    06-28 10:34 AM
    Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,

    Source: http://www.immigration-law.com/

    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
    The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.

    EVEN MORE REASON to rush and file before the USCIS stops accepting applications.

    rajakannan, you seem to be talking out of ur hat.

    09-27 02:12 PM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    What was your I140 receipt date at NSC?

    07-02 05:02 PM
    Medicals: 335 for both
    Photos: 30
    Color xerox: 50
    Gas mileage: 25
    Attorney fee: 1500

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