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  • Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's

    Exactly, I agree with you. I would love to get such an interview call. Atleast after that I will be sure that one day i will get the actual GC.:D

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  • Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.

    You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.

    Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.

    To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications from India with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 India might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.

    because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect

    I recived my I485 approval on May 30th after 10 years coming into this country.
    I just want to mention my GC journey here, hopefully this will help atleast some of the members in making decisions in their process. Appiled for EB3 labor in jan 2004, even though i am qualified for EB2. Applied for I140 after the EB3 labor approval and received I140 approval. After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor. Applied for I485 based on EB3 labor during the July Fiasco from the desi employer. After 180 days, took the permanent job with the client with base salary of almost 100% increase ( with bonus it might be around 150% ) and with manegerial duties. Mean while my EB2 labor from desi employer gets approved, so my desi employer files I140 for EB2 labor that gets approved with old priority date of Jan 2004 and I485 becomes current. Recevied RFE on my I485 for Employment Verification Letter. I took the EVL from both the current employer and the desi employer ( for future employment ) and written an affidavit saying that, i have the intent to join the desi employer once i recive my GC because he is such great employer, to keep the validity of I140 based on EB2 from desi employer. After one month of my RFE responce, i received my 485 Approval.

    So You can always take promotions with more responsibilities using AC21, as long as you are in the same occupation, % of increase in salary doesn't matter. I have clearly mentioned my salary number in the EVL that shows huge difference.

    My EVL clearly mentions that my current job duties includes more responsibilities and manegerial duties.

    I read one big court case document involving 485 process by Rajesh khanna that the main important thing that USCIS looks for during 485 approval is inadmissability means no status issues. So as long as you are in the same occupation, you should be fine.

    I had problems with my H1 and had to work around 150 days without H1B Approval after my I94 expiration, this was taken care of by 245K because of my travel to india with another H1.

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  • That is expected based on the number of I140s that would have been approved and ready for adjudication. Also, with priority dates moving forward, more applications from earlier dates come into play and the processing dates move back.

    Hopefully, they start moving forward soon and go over the July / August 2007 hump.

    With USCIS what isnt odd! :).

    I managed to find the NSC processing time archive from AILA -|8767|6739

    See the 485 EB based processing timeline.

    12/15/2007 - 04/24/2007
    01/15/2008 - 07/19/2007
    02/15/2008 - 07/30/2007
    03/15/2008 - ?
    04/15/2008 - 07/11/2007
    05/15/2008 - 07/14/2007
    06/15/2008 - 07/28/2008

    This means that even processing dates go back and forward like priority dates! I dont think the July status is posted yet, but this definitely is interesting.

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  • The calm before the storm ... I think every one atleast in IT is in a wait and watch mode .... its still all too sudden ... end of Q1 2009 we will really begin to see the actual effects.... thats when most companies in US will be posting their earnings / license renewals etc ... defaults there?? Im keeping my fingers crossed ... hopefully we come out of this mess soon...

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  • Thanks for your amazing help.
    I have two more question that I am not sure about:

    1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?

    2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?

    Thank you,
    In EB1, there is a category Aliens of Extraordinary Ability where you don't need employer sponsorship.

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  • Why you think that is not possible?

    What do you mean by "new system"?

    If you want to wait until approval, file H-1B premium. If you have skills and its "bonafide job", not much risk for H-1B denial. Note, H-1B visa is not for speculative employment.

    Not a legal advice.

    I posted here some of the total wait time(LCA 7days and H1 15 days) not for aguing whether I have skills or lack of skill.It is true a better skilled person always there than some one.

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  • It's important to have the goal clear. Trouble with "Truth based Stories" is that they deviate very soon from the truth & start focussing more on the aspect of entertainment (American Gangster as a recent example). I don't like the idea of diluting the subject to make it more entertaining.

    Entertainment means different things to different people. There has to be a target audience in mind before making a movie. The larger the target audience you focus on, the lower the common denominator becomes. This is the reason Lou Dobbs has a bigger audience than Bill Maher.

    I think the idea of documentary is more true to our purpose even if it may reach fewer people.

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  • The way I see it, this is a step towards getting more revenues for USCIS. With the elimination of concurrent filing, USCIS is expecting more applications for I-140 premium processing, which will lead to additional revenues.

    They are going in the opposite direction, looks like our efforts have angered them more than anything else.

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  • NSC applications are getting receipt notices atleast...
    don't know when will we get it from TSC...
    receipt notice gives confidence that our application is accepted.
    EAD can wait for a month or 2. anyway its my personal opinion

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  • like the historic successful flower campaign, can some one come out with a great idea to bring CIS attention to this issue? 'Satyagrah'??? Gandhi style fasting??? ideas?

    USCIS is already aware of this. They have been notified through AILA and our letters are also working. IV has also been pushing for more broader AC21 regulations for a few months now.

    Our request from IV is to keep sending the letters. Please send letters in thousands - not like 50 to 60 letters.

    Everyone must take initiative and push other members. It is a very importasnt campaign.

    It is very much possible that a lot of you may be a victim of AC21 denials. It is your call.

    Please take responsibility and everyone must come forward and bring others also into this campaign.

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  • as per

    The following documents and fee are required to be submitted with the application:

    � After having filled the application online, print a copy.

    � Affix photograph as per specification in the box (do not staple photograph)

    � Old Passport (in original)

    � Additional booklet, if any, (in original)

    � Three recent passport size photographs (3.5 cm x 3.5 cm -front facial pose). Photograph should have only a white background. (Photograph with coloured or dark glasses or in uniform or in Polaroid prints or Computer prints will not be accepted). One photograph to be pasted on the space provided on the first page of the application form

    � Two proofs of residential address of the applicant, which may include current Driving License, Utility Bill, rent lease agreement showing the residential address.
    Photocopy of the first five and last two pages of the original / old passport;

    � Pages of passport showing US visa or Green Card (in original) Employment Authorization Card (in original) or other visa documents must be shown at the counter. A photocopy of the entire document / Card should be appended with the application (in case the application is sent by mail, a notarized copy of these documents should be sent);

    � In case application for Green Card or EAC or visa is pending/being processed, a copy of documents in support of this fact must be submitted;

    � In case the current passport does not contain the name of the spouse and the applicant wishes to have it entered in the new passport, copy of notarized marriage certificate must be submitted along with the application.

    I am confused with few things in the above list of reqd documents:

    1.It says white background , But I am only able get Cream colored background photos in CVS or Walgreen's
    2.When I went notary in Bank Of America , the lady at bank says that she can't do notary for any copy of the document , she says she can do notary for a Application form that is signed in front of her.Same with marriage certificate.

    I am confused and I need to travel by the end of this month.I need to drive 10 hrs 1-way to go to the consulate personally.

    Don't hold me against it, but don't get paranoid on these aspects. Most of the rules are common sense and there is some room for ambiguity :-)
    Light cream is good enough.

    Just take a copy and certify it yourself ( by writing true copy and affixing your signature). I am guessing there are people who review these documents and unless they see something fishy, there should be no problem.

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  • And 540000 @ 140000 per year is approx. 4 years!

    Going by PD, 2001-2003 may get their GC by Dec 2008

    PD 2003-2005 by March 2010

    PD 2005-2007 by Sep 2011

    Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
    Not that easy and good as it sounds.
    There is a per country quote and yearly wastage you need to factor in.

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  • Sure. I don't mind getting owned again.:P

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  • My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
    I became father last month.
    My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.

    I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..

    Your comments are very much appreciated.


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  • If you have a project, there are companies who will keep $6 hr and 10% as payroll taxes.
    Let me know, if you want more details.

    P.S. I am not connected with the company, but I know people who worked in that company for years.

    I know of a company which will keep $2 + 10% for payroll taxes. A lot better than the one above.
    There is so much competetion in this space that people have reduced their margins to next to nothing.

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  • Were you rejected for EB2 because yours was not equal to US Masters or because you didnt have 5 years after yours bachelors degree? I guess you are aware that the experience you gain with your employer who filed your GC cannot be included in the 5 years. I think you have a fair chance if you only have to be equivalent to US Bachelors degree.

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  • Thought morons like you never existed..after reading your post I believe definitely they do exists. Do everyone a favor by just keeping your hands off the keyboard or this website.

    Why do you think that you are doing a favor to the country as a whole by buying a house. The fact is that you are really scared to get a mortgage and put money into a asset that may continue to its value in future. The reason you are not buying the house is weak heartiness to invest money and not the immigration scare, you were just looking around a excuse to let go the idea of not buying the house.

    Filed 485 during July 07. The receipt number was WAC*******, I got receipt notice and Transfer notice saying my case was "transferred to another USCIS center where it is currently being processed" but didn't mention to which center. I assumed it was TSC as I'm from NJ.

    First EAD that I renewed in 2008 had RN as SRC**** and I got the cards with from address as Texas. I had sent the application to Dallas drop box.

    Second (2010) EAD had RN as WAC******* and this time I got cards with from address as California.

    I had assumed that all GC processing (485, EAD, AP) were being done from either NSC or TSC, probably not.

    And I only had two changes to LUD, one during first FP notice in Jan 08, and another when I used AP to come back into US in May 09. Didn't have any RFE till now. Not sure if pre-adjudication triggers any LUD. If it does it would mean the case is not adjudicated which is hard to believe with the filing being almost 3 yrs ago. Does this sound normal (having the case worked in so many centers though I am NJ resident since 2005). What are my options in regard to contacting USCIS regarding getting latest update on my case.

    With premium processing starting/started for EB2, imagine the speed at which non-premium cases will be dealt with.

    NSC has historically been slow.

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