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  • alterego
    11-25 01:45 PM
    Whether to remain in H1b status is a personal choice. There are a lot of considerations in this. Whether you want to change employers, whether you want to take on an extra job, whether your spouse wishes to move from H4 to EAD and get a job. How shaky your job situation and petition are.

    Generally however, if you have had your 140 approved, have your receipt notices and have gone through the fingerprinting/security checks and it has been a long time pending where it is likely your 485 has been through the initial internal processing, then punishing yourself by not availing yourself of the relative employment freedom that the EAD offers might be considered too timid. However, that is just a view, it is essentially an individual choice based on your circumstances. Many people often stay in the H1 status until it expires if things are going OK, as not "rocking the boat" seems like the path of least resistance in times of uncertainty. When the time comes for H1b renewal however, other issues like, cost, waiting time etc come into play, and I have seen many people then choosing to just go with EAD/AP which as someone pointed out they often have already. Then as time passes, they figure, oh well since I'm on EAD/AP already I might as well go for another similar job. As months and years go by in this 485 limbo, these type of choices become more and more necessary.

    Then you hear about issues like this and you wonder whether EAD means anything in this country and feel H1b might be better.

    I'm just pointing out some issues in this debate. Each person should perhaps discuss this with their lawyer before making a decision. Most folks here are in for waiting times of years absent congressional intervention. Once congress is adjourned for the year and end of year appropriation bills are completed, not much is likely to happen before 2009 summer at the earliest, implying 2010 by implementation. That said, perhaps this should weigh into considerations as well, I mean 2 1/2 more yrs is a big deal and may be worth the small risk.
    Of course we all hope for something before that, however we also need to be realistic and see that this retrogression monster hit in 2005 and 2 1/2 yrs later we have got no proper fix to the retrogression issue, more awareness yes, but the political climate is very difficult.

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  • coopheal
    08-11 11:39 AM

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  • rkgc
    12-29 05:44 PM
    done, thanks for the link

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  • ak27
    08-04 01:04 PM
    You may want to visit your congressmen/congresswomen and try to help from him/her.This might take a while without doing anything. My background check has been pending since dec 2009, I have not done anything yet because my PD is not current. I will be requesting their help next month or as soon as my PD is current. IV has helped some folks who were stuck for long time. May be you can request their assistance. This is BC process could be pain ....


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  • syzygy
    01-31 01:22 PM
    They might have voted by mistake. I did that mistake. So don't think too much in negative territory instead get as many hit as possible on poll site.

    just curious to know what is the reason that 22 people till now didn't vote for the question ... what do you think could be the reason ...

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  • trueguy
    08-13 05:32 PM

    The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.


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  • Bush
    02-13 04:25 PM
    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.

    Please dont bang your head on the wall.The wall will break.Please dont apologize.If you really mean it can you please start actively participating in activities which will help everybody.I dont mean that you have to be with IV forum.I know that you are disillusioned with the IV forum.You can take some responsibility and start educating the law makers and people who are in your area.You can do this on your individual capacity you need not represent any forum.This will benefit everybody including ,you ,me and lot of other people who are undergoing this pain.

    We have to all work together to achieve our goals whether you are in IV forum or not.

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  • desi3933
    01-28 03:52 PM
    AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.

    Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.

    Your saying that memo is illegal does not mean anything more than your personal opinion.

    H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.

    PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.

    Not a legal advice.


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  • pointlesswait
    05-23 03:38 PM
    > i am not berating anyone for that matter!

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  • danielp78
    06-07 09:00 AM
    This is the kind of attitude that we must have in life. Not just in our immigration matters, but as general view of what life is and how to get things done.

    If you want to change things, you have fight for it. And remember, trying to change the law is not against the law.


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  • Gravitation
    07-12 11:52 AM
    The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled. Sounds logical. Sadly, my app will be screwed in that case. Hopefully that'll consume some numbers from RoW and there might be some overflow next year (or the year after... or maybe after 7 years and who knows 10).

    BTW, where did you hear that RoW will be current and the rest will be "U"?

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  • mirage
    08-12 07:03 PM
    more than 200 people have taken this poll, if only half of us send these letters, it could make a difference..

    To, 08/05/2008

    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


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  • Canadianindian
    07-14 09:56 PM
    Signed. How do we fire this guy?

    Threads such as this should reach 100 pages at least.

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  • malaGCPahije
    03-13 12:04 PM
    Good news and I am very happy for all Eb2...It seems like EB3 has not much hopes. It is moving at snail's pace, but with all the overflow from EB1 and ROWW going to EB2 only, looks like EB3 will take a long time to reach 2004/2005. If few of us in EB3 category get to see the GC before they leave the US, we should consider ourselves fortunate.


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  • desi485
    11-09 11:25 PM
    Thanks for the additional information. In case 1 - can the applicant still retain the priority date if s/he wants to start a new GC process? In other words, does 6 year expiration have any effect on retaining PD?

    From what I have gathered so far, it appears that it's a misconception that a lot of people have who feel it's safer to stay on H1. It doesn't sound like EAD is as bad as I had once initially thought..

    As far as I know, one retains the PD for life once I-140 is approved; unless CIS revokes I-140 due to fraud or min-interpretation. Otherwise PD is yours forever, across the category (eb-1, 2 or 3).

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  • Green.Tech
    06-17 01:10 PM
    We need to unite to have any impact at all. Please come forward and call the lawmakers. 90 vs 900 makes a biiiiiiiiiiiiiiiiiiigggggggg difference!


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  • rockstart
    06-16 01:36 PM
    Guys we have called all theree sets of lawmakers. Some senior member was saying we need to lobby hard with Republican's. Please let us know how we can do that. It is better to do it in an organized manner, so if some one can filter the three list on republicans we need to call again or if they can post a list of new republicans that we need to call. Please guide us.

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  • clove
    05-24 06:50 PM
    This bill seems to be completely anti-Legal Immigrants (H1B/EB).This is so depressing ..prominent media like CNN,ABC,FOX are not even discussing the effect of this on legal immigrants.We seem to be most-hated here :confused: WHY?????

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  • vikram2101
    08-22 03:24 PM
    Most immigrants apply for citizenship in developed countries for the sheer luxury of visa free travel to most countries and to bring their spouse/families closer to them without any immigration hassles. It has got nothing to do with renouncing all the ties with their home countries.

    I know a friend who recently became a Canadian citizen and he said that he was murmuring a Hindi film song when the Canadian national anthem was played during the oath ceremony. The only reason he immigrated to Canada was to get a Canadian passport so that he can work in US and travel around the world without visa hassles.

    I also have a friend who�s a US citizen and he was able to get his newly wed wife into US in 3 months. He visits India regularly to take care of his property investments, watches cricket/desi movies, loves eating food at the road side eateries and by all means he�s still an Indian at heart.

    Citizenship is like getting an unlimited credit our existing credit card (GC). The more the limit the more flexibility we get. So let�s avoid bringing patriotic fervor into such posts.

    I like your response, really -- I think it's frank and hits upon what it means to be Indian at heart.

    BUT, when one makes a decision to immigrate - he/she's not just making that decision for himself - but also for his/her spawns and the future generations to come. Is it fair for us to rob them of (well, i know most american born desi kids don't care a rats ass about going/being in India) - what it feels to be an Indian at Heart? what it 'Really' feels like to be watching/talking cricket/movies on 'em gullies, what it's like to be eating gaadi chaat, what a festival should really feel/look like .. and a bunch of other stuff- -that happens only in India.

    not trying to discount anyone's opinions .. it's just the internal dilemma that needs addressing

    10-02 04:40 PM
    Bcoz Mr. gctest is Mr. phd, he treats Eb3 with contempt! Now, he will go back and delete all his dirty posts :)

    EB3 can accomplish anything that EB2 can, based on their work experience, but some people don't understand that.

    My personal opinion is that other than few algorithm, electrical design, compiler design kind of jobs, most jobs in Computer applications can be done by an EB3/EB2 person. It's only how your company treats a particular job opening that you get designated as EB2/EB3. I could file in EB2 and lots of top-rankers from my class could only file in EB3. Does that make them any less capable than me?? Nope!

    01-11 12:34 PM
    You are takes time and effort, and money too. We are ready to donate, if we are allowed to file EAD after 140 clearance immeditely, ,irrespective of EB-2 or EB-3. However, do not reply saying that you need to donate first as this is not how we think. There are a whole bunch of friends who are of the same opinion.

    And what is this with so many reds besides my name..wat is this?? Ppl venting their own Frustration on others.

    I read that filing EAD after I140 is already part of IV agenda. You can either donate or volunteer for it. Write to IV about it. I read that snathan had one idea and he volunteered his time to IV for it and got that done from USCIS. You can do it too. Most of us here have EAD so people who do not have EAD must take initiative.

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