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  • Thanks for the reply. I am not sure how that will divide the community. As per USCIS laws currently, the spillover is horizontal. Based on this assumption, will EB3-I get any visas if the recapture is successful?

    When USCIS changed the laws, there was a bloodbath here between Eb3 and EB2 folks...
    Looks like you were not aware of it!

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  • ambiguous poll.... i haven't applied for gc (1485) yet and own a home.... still said 'yes'. Guess one more option should be present.

    Having EAD (almost GC) is big relief than folks who don't.

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  • I do, but I don't get all the answers.

    Didn't think about that. but... why would officer ask "do you work for the sponsoring employer"? Isn't your GC same as family based, asylum, etc. green cards? Does officer even have that information right away? What do they ask usually?

    I don't see the difference between being laid off and leaving yourself. In case of being laid off, your employer has to show intent of employing you forever. If any document will surface, that he had plans to lay you off before applying for I-140 or without you invoking AC21 at moment of AOS, then you are in the same trouble.

    These issues are raised not to start freaking out, but just to know them and not to do some silly things.

    In general... take this philosophically - it never ends. If not immigration, then something else will always be. Just know the law, keep your paperwork in order, don't talk to government employees without a lawyer, flex your mind, and do your thing.

    There is a category code on the greencard. Each category code tells POE officer how one got the greencard.

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  • There are no bills being discussed. House as well as senate are on recess and will convine after Sept 10th. After it reconvenes, between 10th sept and Oct 8th - it has a lot of tasks at hand, and no apetite for any big and controversial issues like immigration. Mid term elections are in early nov and nobody wants controversial bills debated just before that. Morover it has been made clear that GOP does not want any immigration bills except "fencing the border". Democrats do not have required votes for cloture.

    So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.

    August/Labor Day Recess
    House - August 9 � September 12
    Senate August 9 � September 10

    Target Adjournment:
    House - October 8
    Senate - TBD

    So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.

    Good info. Thanks! Gave you green!

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  • I'll believe it when i see it.

    I have heard and seen far too many such "stunts" and public displays to be excited just yet.

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  • Thank you La_guy and others....

    Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?

    God please help me , It's THE WORST thing ever I did and been trhu a painful experience

    Thank you guys........

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  • Actually...with India growing up fast....i do not know if I am wasting time here.....want to go back .....
    If there is no growth in India...then it makes sense to stay here....

    life could be with problems much worse than this, giving up soo easily?

    Senior's waiting for 7+ years should be an inspiration for you. Cheer up.

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  • While I Wrote The Check For Ead Renewal
    I Wrote It To Department Of Homeland Security And Not
    Us Deparment Of Homeland Security
    Is It A Big Problem

    Just an update guys ..checks cashed today

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  • Both are Same ( Just a different term).
    What ever makes you happy believe that.
    Some People believes in term "God" and Some believe in term "Nature"

    World is big enough So that both "nature" and "god" words can co-exists.

    OK.What you visualize when someone says God or when you do prayers to god?.Just curious...

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  • Can some one clarify if the PD is based on the day labor application was received or the day it was approved?

    My I140 states it as the day it was approved.

    A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.

    source: MurthyDotCom : Priority Dates : How Do They Work? (

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  • One of my friends in DC is going to guys with pending labor/485 and planning to get some funds. I will keep you posted.

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  • The only thing that can help us predict Sep bulletin is how many visa # have been used so far from 2009 quota. Since USCIS will be rushing to use up all visa # the quantity can least give us an idea if dates will move few months or few years. USCIS should not have trouble with either since they have so many pre-adjudicated applications to take care of both scenario's. I am pretty optimistic (realistically confident) that there will be a forward movement.

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  • PD EB2 July 2003

    Reached on July2nd

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  • I completely agree with you. However our problem is 'how do we organize a massive protest". IV is a loose affiliation of people affected by the immigration problems. They all realize the importance of fighting, however majority of them are unwilling to contribute personal time/money/energy for this cause. Flower campaign was first time in recent history, when legal immigrants showed some unity to express their anger and frustation.

    It was predicted that once 485 is filed, people have EAD, and spouse working ... affected people will loose the apetite to carry on the fight. And that's what precisely took place. The biggest chellange is to let the affected people realize that if they do not come out and fight, no one will take care of their interest. It seems everyone is waiting for others to go out and fight, so that they can reap the benefits without any struggle. Now tell me my friend "how do we organize a massive protest??"

    excellent analysis. After the flower campaign, and during the rally, IV formed state chapters and state chapters have been designed in such a way that efforts can be organized in an effective manner.
    There is always some activity or the other going on in the state chapters, in fact in our chapter we organized some law maker meetings in DC this week and some members attended the meetings.
    Lobbying is a very effective tool and the more the numbers and support, the more effective lobbying works out.

    I would strongly recommend that the members join their respective state chapters and organize grassroots efforts.

    Unless we help ourselves, no one is going to help us.

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  • [QUOTE=h1techSlave;320723]wasn't the flower campaign an 'effort by IV'?

    Any way, I think you don't need IV's (for that matter any organization's support) to file a law suit. If you think USCIS is breaking the law, you can file a law suit with the help of a lawyer. A couple of $100 is all that would cost you.

    It is silly to think filing lawsuit will cost $100. If I could do it myself I would have done it already. Filing potential successful lawsuit requires successful attorney to prove out a point. They are familiar with laws and their interpretation. They are good at explaining those interpretations. They do it day in and out. My job is not to file is lawsuit. I leave that to pros.

    Somebody will be foolish to think I don't IV. I need IV now more than ever. IV has establisehd a base and some sense of direction of where to go. Why would I want to start myself and re invent this wheel? IV has base with support of members, access to lawyers, voice in the world where I am just a pawn etc.

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  • Hi Diptam and others, few questions about FOIA,

    1) My employer does not want to share the original I-140 either, so i too want to apply via FOIA, do you know what is the cost of applying ?

    2) If we apply, will the employer get to know ? does uscis send some notification to the employer that the employee requested a copy of I-140 approval notice?

    Thanks, has anyone successfully got it back ?

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  • Are you saying IV can't find anyone IV trust to do this, or nobody in IV core thinks it is woth it to do some extra leg work? I don't think IV has the luxury of not doing the leg work. Every peny counts.

    buddy...iv core are not magicians, they have lives too. so please stop asking for more. when you say "iv has the luxury" hopefully you mean all 25,000 who make up iv. the core is not iv. they are just volunteers already breaking their backs...

    there are good reasons for the temporary stops to the checks. everything need not be publicly anounced. please leave it at that.

    and while we are at it...we need help with the leg work...please complete your profile so we can get you involved with some of would be great to have you as a volunteer!

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  • My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.

    Good suggestion.

    If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.

    As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.

    However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.

    Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).

    These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from from your eb3 application and two from your high risk eb2 application which will eventually be rejected.

    However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.

    Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)

    I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.

    I know EB / India would be disappointed but somehow it seems that this is a genuine bulletin - the reason is that family category dates have moved. I wish USCIS would have a exact date when they would release their bulletin

    Hi Gurus,
    I am confused about the status of my application. I had concurrent I140/485 filing under EB3 on July 30th at TSC(with PD of Dec 2004).
    On May 9th I got a CRIS notification that my I 485 case has been transferred to Lincoln, NE -I am assuming it is the Nebraska office.
    However, I am more interested in tracking the I 140 status.

    1. My RD for I 140 is July 30, 2007 and ND is Sep 26, 2007. Online status still shows being processed at which tracking dates shld I it the RD or the ND?

    2. Even though it is concurrent filing, I am assuming the I 140 case is treated independently and is not tied to the I 485. (PD is very far EB3 Dec 2004, but I 140 still shows at TSC)

    Due to some personal reasons, it is important to know if my I 140 will be approved before July 2008..given the info above..when do you guys think it may be approved??

    Thanks in advance...

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