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  • I heard that the rules were different before but as of this year, at least one of the parent of Indian origin need to be an US citizen to apply for OCI. Otherwise, the only option is PIO card.

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  • This would be the last visa bulletin for this year. The dates should move just like they did last year to consume all numbers.

    For September they can do anything for consuming leftover visas, including a large unsustainanble forward move, but we hope that visas are used for preadjudicated cases in PD sequence (as is described in USCIS procedure manual). However, from October on it appears that dates will only move forward systematically. Reason is that USCIS systems are not designed for handling per country quotas well, which hinders any country quota based information until a file has been opened for adjudication (or preadjudication). There is no per country data readily available on entirely pending cases (except on your paper filings), as initial data entry does not include chargeable country name. However, as we have recently noticed, a lot of cases are getting preadjudicated, which makes chargeable country information available. This should help USCIS estimate monthly demand better.

    Bottomline is, if all three of the following conditions are true for you, you should expect good results in coming months.

    (1) Your case has no hickups, you have provided all necessary documentation.
    (2) Your 'Receive Date (RD)' (not what is on your receipt, but 'true' RD by a center which is on or close to Notice Date) is within published dates for current processing status (suggesting that your case has been preadjudicated)
    (3) Your PD is quite high in relation to monthly visa bulletins


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  • AmitKhare77... apparently, the job title and job responsibilities have to be same as whats on labor until we get GC. otherwise no promotion.

    Actually, I believe that if the promotion is a "natural progression of the job ladder", you can accept it. What you cannot do is change the job ladder completely to a different track.
    Thus, say you filed labor when a software engineer, its ok to be promoted to "Senior Software Engineer. What is not ok is to change tracks to say "Product Manager" or a position as "Sales lead" etc...

    Of course, i'm not a lawyer, but this is what i;ve been told by other folks and lawyers at my company.

    Good luck!

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  • EB-1: C
    EB-2: C
    EB-3: C

    Why? Weak economy ... gov. needs more money from our filings :D

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  • All the Calling Threads need to be on Top today..

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  • Hi bitzbytz,

    How much are you paying and for how many paystubs? Are you planning to go out of country for stamping? I am in a similar situation.

    Did you got the visa stamping dates?


    what do you mean by fake pay stubs, can you please clarify.

    I am in process of generating pay stubs for my wife by paying the employer that she is covered for the un paid H1 period.

    Why will this cause problem

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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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  • i am in the 3.a. situation. what does part time mean? can you really be working part time when you are a CEO, CFO, COO, CMO of a company? not that i am raising this questions... I want to continue to be in the 3.a. situation, but can the IO ask these questions? if i make revenue of $20000 (twenty thou) and profit of $2000 a year will that be considered enough for IO to think that my intention is to switch to my company after green card and hence no intention of continuing permanent employment? or is that number higher (or lower)...

    I want to become a believer in your 3.a. statement... please let me know what you think.

    From what I can gather, from the immigration perspective:

    1. If you are on H1 - You can technically start a business but since you cannot "work" towards it, in practice it's almost impossible

    2. If you are on H1 and have an EAD - You can start a business. But if you use your EAD, you are no longer on H1. (There are contradicting views on using EAD for PT while still maintaining H1. For now, this is a grey area)

    3. If you are on EAD -
    a. If you plan to work on your business on a part time basis and stay with your sponsored job full time, I don't see a problem with this.
    b. If you plan to work on your business full time, you might have an issue with a RFE at the I-485 stage as you would have used AC21 for self employment (Some people say this is okay, but it depends on your risk taking ability)


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  • Guys,

    One quick question. Appreciate your response!

    If I submit my application in person, do we need to motorize the copies?
    For address proof, submitting DL copy.

    Please let me know.

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  • OKay, when I commented on the English, I was trying to be funny (which obviously I am working on) and see if that can help you in the misinterpretation angle.

    Also, when someone does not support your theory, he/she is actually supporting you, by letting you know that your theory does not sound reasonable.

    Contact a Taiwanese/Asian lawyer and ask him to help you. You can add him as a lawyer, and even if you are replacing your lawyer, and if asked, you can claim language barriers with the old lawyer.

    And no, we are not experts here, and no one has claimed to be one, but I believe the real purpose of yours posting your situation here was to have ideas. There are thousands of thoughts going thru your mind on this situation and you are definitely not able to see thru clearly.

    I hope we were able to help you think more clearly, and sorry if we offended you.

    That's the last post I put here. Let this thread disappeared

    Firstly I am not from India where most of your guys come from. Instead from Taiwan 2 and half year ago. As travelled much between Asia countrys, no much time staying is US office although I based here. Yes, my English is poor and broken but this is not a fake story, make no sense for me. Just kill the time???

    When cops knock out your room, handcuff your hands on the back, force you stay down at the corner , if you could keep calm and state very clearly. I can only show my respect but unfortunately I did not make it. This is my first time. :( Should be the last time either.

    Now the negative point is mostly from my statement, no matter whether you believe, the attorney told me drag with anger is battery. we think that's okay does not mean it is okay on the law. So I wish you guys be careful on this kind of play around to avoid any trouble. I knew you all have better english than me. so you could explain clearly :) But Same level, do it on your spouse is even worse on a stranger.

    I create this thread just wish listen your opinion and try public view how much chance I can win the jury trail. Some of your advice is really helpful and I will take them.

    My wife is writing the mail to DA and wish it helpful to my case. I will have several rehearsal with my attorney in coming weeks. Anyway, we will fight for the justice and not accept that ridiculous battery charge.
    Any advice, please PM me, highly appreciated. If you suspect my honest, please don't waste your own time. Let's shut up on this thread and let it gone.


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  • With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.

    I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.

    I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.

    But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.

    we have professional lobbyists. and they cost the erath.
    and that is why we need contributions. as long people "don't believe" we don't succeed. it's up to you, it's your issue as much as mine. professionals cost a lot of money, and this thread is quibbling over 20 and 50 bucks. anyway who is the knight on the white horse coming to rescue us? it's just us buddy, and we have to do our best. i like your analytical thinking. we need you to join in and help. any number of volunteers is less imho...

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  • i am biting my nails... only 2 more fingers have any nails left... jk...

    ah the wait!

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  • Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.

    Is there a possibility that your previous company revoked the I140 saying that they wrongly filed your 140 and that you were not qualified based upon the labor certificate? I hope 180 days had passed after 140 approval. A little more detail on the case will be appreciated. Was it a case of substituted labor?

    First try to figure out what the previous company has done.
    Get the help of your attorney ASAP. Figure out if there is a way to undo the damage.
    I am not very sure of the details, a person I used to know was forced to join his previous company because they threatened him in similar lines.
    & please do keep us informed along the way. We may be able to be of assistance to you in some way or the other. Local IV chapters have access to local Congressmen etc.

    If nothing works go kick the ass of the person who is responsible for your predicament. Interpret kick ass to more severe alternatives. Some companies are anyway taking advantage of people stuck in GC queue. On top of that if they harm us they need to pay a heavy price.

    All the best!

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  • Thanks SGP. Did I read this correctly ? you switched in 9th yr of h1 ? was ur I-485 pending or did u have EAD to change ? I just have I-140 approved. so if I change to a new job now, can the new employer use this old I-140 for extensions ? can new employer ask USCIS to port old priority date ?

    floridasun: Yes, you are reading it right. I switched in the 9th yr of H1. As you can see from my signature I am yet waiting to apply for I-485. I have an approved I140 based on which I switched from Company A to Company B. The only things I had to do was transfer H1 to Company B and start New Labor. Once new labor is approved then, will have to do New I-140. You can ask USCIS for old priority date at the stage when you apply for new I-140. The new labor and I-140 can take anywhere between 6 to 8 months. Your old employer cannot revoke your approved I-140. Make sure that you have the copy of the approved I-140 before you quit.
    Don't worry go for it. I know what it feels like.
    Good Luck!

    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.

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  • Hello ,
    We got the EB3 part but still dont know about your PD...when was your Labor Applied?

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  • I just saw the May processing dates.

    I printed it out and used it to wipe my backside, then flushed it down the toilet.

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  • It's just a dinner price! If you ever go out on a good dinner with a family, it usually costs about $50. I am barely meeting my daily bills as of now, but I don't hesitate donating in the amount of $100 and I have done it 4 times so far in the recent past.

    It still holds: "You get more than what you give to others for the good cause."

    Happy Donations!!

    Hello there,

    I have been wanting to make an IV contribution for a long time and here is my problem..I probably can be labeled a miseror a magpie! ..Whenever I go to the IV link to contribute and see the $50 or $100 option I panic and get out..yes I do!
    I have some desi colleagues and was discussing this issue with them at work..and they had the exact same am not the only magpie..

    But hey is'nt IV the one which is at the receiving end not getting our contributions..

    I speak from my own experience and call me a mapie or a miser..or whatever..I cant make myself make a $50 or more contribution .. thats the way I am..But I can sure make a smaller contribution (like a monthly recurring $10 contribution which really is easier to make) and I am quite sure IV will benefit from my small contributions as well as i think a lot more people will not hesitate making contributions in smaller denominations than a whopper $50+

    And really this is not related to IV effort but more to do with my own way of thinking about parting with my money..I love my money..:)...

    My history - Made $0 contributions so far..and have been wanting to contribute for a long time now..but keep backing away..

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  • I have been reading the CIR Bill (PDF file, dated April 24, 2006) from this website

    Under Title VI - Work Authorization and Legalization of Undocumented Individuals.

    I will just digest and summarise the interesting points:

    For illegals who entered the USA before April 5, 2001...

    Immediate Adjustment of Status after paying fines and any additional amounts
    Must be employed for at least 3 years during the 5 year illegal presence
    Employment requirement not applicable to those under 20 years of age
    Employment requirement of 3 years can be reduced if proven physical or mental disability like pregnancy
    Alien shall not be required to complete employment requirements with the same employer!

    OK, I am not going to go on as I will leave the rest of the reading up to you all. But I need to ask this: "The adjustment of status" above... does this mean those illegals don't need to go thru LCA and I-140? Also, they don't even need to stay with the same employer at the time of applying for AOS....
    Sounds like a very good deal for these people.

    So could someone explain to me why we in the retrogression queue should accept this bill even if it increases H1B and promises to reduce backlogs for GC when illegals who have been here for more than 5 years (many of us also have been here that long) get special treatment? It's a really bad deal for us.

    Are there any transfered cases which got approved? I am yet to see one. My service center is TSC but my case starts with WAC as it was sent to Calif for data uploading bad luck...I will be current next month but i doubt any transfered cases will get approved...

    just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)


    calm down people IV is doing just fine.....we need to stay focused....

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