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  • HV000
    03-19 12:53 PM
    Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??

    Any chance of EB2 India moving forward to April 05 by October 2008??

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  • days_go_by
    11-07 07:55 PM
    Hello NJ members,
    Please introduce yourself here.
    I am a volunteer for IV, I live in Newport, Jersey City.
    I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.

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  • sc3
    10-16 01:40 PM
    I still don't believe that USCIS has no say in spill over - think again :)

    Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.

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  • nyte_crawler
    03-10 09:10 AM
    I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.


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  • Jaime
    09-12 03:06 PM
    EVERYONE, we're meeting in DC next Tuesday!!! You can STILL MAKE IT!!! WE NEED YOU THERE!!!!

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  • vaishnavilakshmi
    07-07 07:35 PM

    i-140 mailed on 1st june2007.
    i-485-mailed on 29th june and reached uscis on 30th june 2007 at 11am for concurrent filing with the earlier i-140(reciept).

    Will update u if any changes in the status.



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  • kvrr
    01-18 10:24 AM

    Appreciate your work for IV and thanks for starting the recurring payments. I realize that IV needs funds now. Can you start another thread and mention a goal amount required in the next 1 week. For example, if you think IV needs 10K in the next week, start a thread with that heading. Whoever is willing, will make additional one time contributions apart from their recurring contributions.


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  • mbawa2574
    02-15 04:31 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'



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  • piyu7444
    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.

    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)


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  • chicago60607
    09-10 10:53 PM
    The above post quoting the Siskind's blog concurs with what I was told.
    Hey Yall,

    I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".

    So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.


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  • truthinspector
    04-08 07:10 AM
    I don't understand the IO calling Client part. What if (like most of us do) the person was traveling on a weekend? Is the client supposed to be on call for the IO?Besides, even if it is so, answering NO to that question implies fraud on behalf of the Client too.

    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.

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  • sapota
    08-15 05:39 PM
    Surprised by visa bulletin mentioning cutoff dates for EB1, EB2 & EB3 ROW & philipines instead of U.

    Does this mean EB1, EB2 & EB3 ROW cases are not backlogged ? (i.e USCIS approved all it could on July1st 2007 but still visa numbers left?)

    Or were these cases waiting for FBI check so could not use up visa numbers??

    Either way, in a month or so (after all July VB cases are entered into database, USCIS would know its true backlog). Wish it would announce such a backlog number and make realistic predictions for when cases will be approved.

    Given the recent announcement from whitehouse regarding expedited FBI checks, maybe there is some light at the end of the tunnel.

    But hey, lets keep pushing, we dont want hope to be a mirage do we.
    Edit/Delete Message


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  • ugotdude
    11-21 11:03 AM
    You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.

    abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... )

    I wish you all the best with your life.

    lwpd )
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    The page you requested,, is not on our site.

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  • belmontboy
    02-19 04:11 AM
    1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.

    How exactly are illegals going to prove that they have been here for more than 5 years?


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  • seeker999
    08-11 03:11 PM
    Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.

    More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.

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  • abd
    09-21 12:33 PM
    Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.

    My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.


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  • gandalf_gray
    06-08 11:36 PM
    Here is what I would do:
    - Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
    - If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
    - Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
    - Get the H-1B visa and come back in Oct to work for your new employer.

    If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.

    Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.

    Thanks AMGC. need one clarification.
    do you mean to say that because my L1 is expiring in September, the COS will not be allowed, but the H1 itself will be approved ?
    or will it be like because L1 expires before Oct1, the entire h1B petiton will be rejected outright ?

    I have this thread on this topic.

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  • meridiani.planum
    07-21 04:01 AM
    Hello Gurus,

    I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:

    once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.

    IMO a simple case would be someone who:
    - has never changed employers
    - was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
    - was never denied any application (change of status / entry to US)
    - has clear medical records
    - has clear documents related to birth certificate

    Complicated cases are when:
    - someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
    - some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.

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  • prioritydate
    12-20 04:26 PM
    Please just dont worry about it too much , there are also chances that you may not get an RFE. There are chances that you may get an RFE but you dont know what USCIS will ask from you. You need to have RFE in hand to prepare response for that.

    I know that I may or may not get an RFE. I just want to find out if any of you guys are in the same situation. I am sure that some people didn't worked due to the economic situation during 2000-2001. Since I am not entirely sure what should I do if I get an RFE, I just want to find out. If the IO ask me for a proof of work, then I may not provide it. I don't have w2, I didn't filed tax returns, don't have pay stubs; not sure what status I was in at that time. My i-94 was still valid, but I just didn't worked during that time period. If IO ask me to provide w2, I simply have to pack my bags!! :eek:

    10-01 09:51 AM

    Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card

    06-11 11:48 AM
    Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?

    So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.

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