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  • I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.

    USCIS has F1 file. Why did they not reject I-140?

    They cannot reject...I thaught I exaplained it clearly enough....

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  • I think the country limits are by law so a new law would have to pass.

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  • Can anyone please help me with the EFile of EAD. I am applying for my first renewal.

    1. Question: Have u ever applied for EAD? if Yes, Date for application:
    Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?

    2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?

    3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?

    4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..

    I would appreciate if anyone can help me with this info.


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  • First of all, ethnicity has nothing to do with hard cap.

    Today, the soft cap exists, and the numbers are retrogressed only for India and China. REST of the world is current. Hard cap would make things worse for only those countries that have higher demand and WASTE the visa numbers.


    please be more accurate. Rest of the world in EB1 and 2 are the only categories that are current ..

    Rest of the world EB3 folks are heavily retrogressed to 2001 as everyone else..

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  • Hi Prinive,

    I too am in the same club, having a priority date of Sept 2001. I am still awaiting my I-140 approval, filed in March 2007.

    Hoping things would be sorted out sooner rather than later....I am in EB-3....How about U??

    I have been on H1B for 3000 days so far and I am still waiting for GC, (filed for 140/485 in November) and I thought I have been waiting for too long, but it looks like one of these people might actually qualify for Guinness Book.

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  • May be they can accept I-485s for July to honor original July bulletin. They can do this without changing any law as they can say they are accepting as per DOS bulletin for ones who already filed or going to file as per original bulletin.

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  • 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.

    From VB

    "Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "

    First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.

    Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.

    Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.

    Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.

    Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now

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  • Most probably Reid would bring back CIRcus back on senate floor on May 25 .... :mad:

    Remeber that if Reid decides for cloture first and after that amendment then very high chances of passing this bill in senate because Cloture needs 60 votes but passing a bill needs simple majority i.e. 51 votes ...

    Core, what is our action plan, support any single amendment and by doing that support entire bill or oppose entire CIRcus?

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  • Thank you for your advice. My last M.Sc. and Ph.D. is from the USA. My Ph.D. is about manufacturing of aircraft brakes with Honeywell.

    EB1-B or EB-2 is more suitable for me?
    what bothers me is that I am not cited in the literature yet and I do not have awards.
    Since you have a PhD and reserach in Aircraft Braking Systems, which can be argued as aircraft safety and in national interest, you may qualify for NIW. It all depends upon you how well you argue your case as NIW and how good are your recommendations and support documentations. You need to get your papers published in reputed Journals and also get onboard of journal publication evaluations.

    You also need a good lawyer (however you will end up doing 90% of work because of your unique field of research). However I would not recommend Murthy or Rajiv, because NIW is not their speciality. You need to go to a lawyers who have NIW and EB1 as speciality.

    EB1 is not a good category for you, as of now, but it may change depending on your career progress.

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  • The fear is of USCIS rejecting the secondary application (due to insfficient evidence -wedding certificate)

    My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.

    If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.

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  • here comes one more unity breaker...come on man stop it.. and what a timing when IV is planning for one more rally in DC..i am also EB3 but EB 2 did not say to give them remaining quota from EB1 ..stop it man.. i think its weekend and u must have lot of beer and frustration is coming out..... any ways buddy have couple of more beers and have fun..cheers

    and look at his country of chargeabilty..Bangladesh.....he is a big actor guys.....

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  • I have done many PR applications, please let me know if you need any help when you file your self. I would be able to help you.

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  • paskal,
    you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!

    allow me to indulge you with this rhyme

    member -> 50 posts
    senior member -> 100 posts
    administrator -> 5 gazillion posts
    one small card green in color -> PRICELESS

    peace of mind is something forum post can never bring.. for that you need green card !

    hopeful gc for this insight.
    we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?

    i hope to see you in DC, your enthusiasm would be well directed in iv's efforts to end retrogression once and for all. just consider it...never having to worry about receipts again :-)

    sounds good? let's do DC on 9/18!

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  • They probably figured out that accepting those application is actually a better deal comparing with settling a lawsuit with ALIF.

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  • I am a GC holder now and there are many people like me who are also would like to continue to contribute some money from time to time. I will get in touch with all my friends to contribute something even after GC to fight this noble cause.


    I am sure, why not.

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  • Congrats! I tried the same like you, so far INS didn't respond.

    My PD 12/2001 - EB3
    My wife's PD 12/204 -EB2

    Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
    a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:

    Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!

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  • thanks tom for the reply,

    I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?

    You can get a 3 year extension as long as you have an approved I140.

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  • Agree with genscn. Actually, if your wife is not working on-campus, then she doesn't even have to show her EAD. Just send your I-485 receipt copy which proves that she is here under AOS status in which case she can study anywhere she wants and take as many credit hours she wants without being out of status.

    Just let the school know that your wife doesn't need to be in F1 status anymore. Let them report whatever they want to the INS.

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  • I just received this article from one of my friend and it�s the reality for most of us. This is not to discourage any one. Just thought to share it with you all.
    I dont know the author of this article.
    ************************************************** ****


    As the dream of most parents I had acquired a degree in Software Engineer and joined a company based in USA, the land of braves and opportunity. *When I arrived in the USA, it was as if a dream had come true.

    Here at last I was in the place where I want to be. I decided I would be staying in this country for about Five years in which time I would have earned enough money to settle down in India.

    My father was a government employee and after his retirement, the only asset he could acquire was a decent one bedroom flat.

    I wanted to do some thing more than him. I started feeling homesick and lonely as the time passed. I used to call home and speak to my parents every week using cheap international phone cards. Two years passed, two years of Burgers at McDonald's and pizzas and discos and 2 years watching the foreign exchange rate getting happy whenever the Rupee value went down.

    Finally I decided to get married. Told my parents that I have only 10 days of holidays and everything must be done within these 10 days. I got my ticket booked in the cheapest flight. Was jubilant and was actually enjoying hopping for gifts for all my friends back home. *If I miss anyone then there will be talks. After reaching home I spent home one week going through all the photographs of girls and as the time was getting shorter I was forced to select one candidate.

    In-laws told me, to my surprise, that I would have to get married in 2-3 days, as I will not get anymore holidays. After the marriage, it was time to return to USA, after giving some money to my parents and telling the neighbours to look after them, we returned to USA.

    My wife enjoyed this country for about two months and then she started feeling lonely. The frequency of calling India increased to twice in a week sometimes 3 times a week. Our savings started diminishing. After two more years we started to have kids. Two lovely kids, a boy and a girl, were gifted to us by the almighty. Every time I spoke to my parents, they asked me to come to India so that they can see their grand-children.

    Every year I decide to go to India. But part work part monetary conditions prevented it. Years went by and visiting India was a distant dream. Then suddenly one day I got a message that my parents were seriously sick. I tried but I couldn't get any holidays and thus could not go to India. The next message I got was my parents had passed away and as there was no one to do the last rights the society members had done whatever they could. I was depressed. My parents had passed away without seeing their grand children.

    After couple more years passed away, much to my children's dislike and my wife's joy we returned to India to settle down. I started to look for a suitable property, but to my dismay my savings were short and the property prices had gone up during all these years. I had to return to the USA.

    My wife refused to come back with me and my children refused to stay in India. My 2 children and I returned to USA after promising my wife *
    I would be back for good after two years.

    Time passed by, my daughter decided to get married to an American and my son was happy living in USA. I decided that had enough and wound-up every thing and returned to India. I had just enough money to buy a decent 02 bedroom flat in a well-developed locality.

    Now I am 60 years old and the only time I go out of the flat is for the routine visit to the nearby temple. My faithful wife has also left me and gone to the holy abode.

    Sometimes I wondered was it worth all this? My father, even after staying in India, had a house to his name and I too have the same nothing more.

    I lost my parents and children for just ONE EXTRA BEDROOM.

    Looking out from the window I see a lot of children dancing. This damned cable TV has spoiled our new generation and these children are losing their values and culture because of it. I get occasional cards from my children asking I am alright. Well at least they remember me.

    Now perhaps after I die it will be the neighbours again who will be performing my last rights, God Bless them. But the question still remains 'was all this worth it?'

    I am still searching for an answer................!!!!

    * * * * * * *--- By an Indian SE who was in US.

    You see, soundbites and rhetoric are very very tempting. Calling ourselves slaves, using words like "hi Tech slaves" makes us feel that we have finally taunted the system and shamed the lawmakers into acting.

    Well, that's not how it works. We are advocating congress. We are not running for an election here and using soundbites and rhetoric really helps when trashing your election opponents. We are trying to get something done here, we are not running an election campaign and we dont have any opponents to taunt and shame by using the words like "slavery" and by trying to make a mockery of the system.

    If taunts and rhetoric and soundbites would have done the job, we would have gotten bills passed long time ago.

    Those who have made suggestions about using words like "Slaves" and "Hitech Slaves", and "tax paying slaves" have probably never been to lawmaker's offices. These words not only are improper and not only do they provide ammunition to people who oppose us, they are downright flat wrong. They also bring disgust and awkward situation if you use them in lawmaker's office. Imagine this: You are sitting with the judiciary counsel and if they ask you..."Who do your represent" and you say "We are from a grassroots nonprofit organization called Hi tech slaves". What do you think is going to happen to the rest of the meeting??

    And by the way, those who are running out of patience with Greencard process are totally capable of packing their bags and going back to their home country. So you cannot call it slavery. Slavery is bonded labor. Where is the bond here? If you dont like your job, then change your job and get a new H1? If you cant port your PD and if you are sick of waiting, then you can go back because really, the bond is in your head, if at all. Its not like your employer is holding a gun to your head. That WAS THE CASE during actual slavery in this country. They were sold, traded and bonded. They were killed if they disobeyed? By comparing ourselves and our situation to that, you are not only being counterproductive, you are insulting the real victims of slavery that existing 150 years ago.

    Use common sense and always think that what would be the impact if my post is read by people who intend to testity against us in Congress. Read John Miano's testimony in July 2006 in Judiciary committee. And use some discretion.

    I am going to close this thread now.

    Those who want to suggest new names for organization or new domain names for the website, please send an email to info@immigrationvoice.org and your availability to work on changing the names everywhere, including all paperwork etc and how much time can you spend on doing it and how can we transfer all name recognition from old name to new name. If its possible and if you can work on it and spend time on it to help us do that, we will surely do it.

    Is anyone still upto doing something about the 140 situation?

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