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  • One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.

    I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.

    I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....

    Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D

    You don't need your PD to be current for EAD/AP

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  • When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.

    I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.

    How many other people are as P-Oed as I am and is there a class action suit here?

    They are legally not irresponsible....They very well know what is going on....
    They are the ones who designed the whole doggone system....
    At the worst you can say that they are ethically wrong...

    They have no obligation to explain anything to you...
    In fact some would tell you to wait for two years to file for green card and they would be well within their rights...

    For a class action suit you need a credible argument.
    The way the law is structured...we do not have a very good argument..

    If you do find good argument let us know..I am sure there are members who would be interested...

    Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...

    If you sue your employer..there goes your job...

    The best recourse we have at present is through legislative efforts...

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  • How about this education for EB2

    10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education


    8 Years IT Experiance

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  • Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).

    Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
    Check this link
    NAFTA • U.S. Consular Services in Canada (

    Not a legal advice.
    US citizen of Indian origin

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  • Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?
    None. USCIS has discretion on it and it has choses that to be the case.

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  • Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,

    Thanks in advance for any suggestions you can provide

    Here is the current status:

    - Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
    - Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
    - Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
    - Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.

    Based on your scenario or known people, can one of you respond to how should i approach following issues:
    1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
    2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
    > Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
    > W2's for 2005/6/8.
    > Form 16 for 2005-6/2007-8
    > Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.

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  • I want every one should get at least GC by tomorrow if not today.


    My imagination seems unrealistic so now I thing it would be better If USCIS can finish all 485 receipts first and then start premium processing for EAD.

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  • cchaitu,

    no you dont see anything abt FP on 485 status. If you haven't called USCIS, you can call once and see, it may help.

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  • I thought that I will share my recent experience.

    I arrived in USA in 2003 on a L1 visa.
    It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
    Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
    I changed my employer later using H1 transfer and they kept renewing my H1 petition.
    My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
    Since then I have been working with the same employer on EAD.
    After a long time I wanted to visit India, so applied and got my AP.
    Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
    This is because EAD is taking too long for renewal.
    I went to India, visited Mumbai Consulate, they did not ask me a single document.
    They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
    No other questions asked.
    I got my h1 stamp in 2-3 days.
    Planning to reenter USA on that stamp.
    Once I return my company will switch me from EAD to H1.
    Hopefully EAD will arrive after that.
    I will just keep that handy.
    If I move to another employer, I will have a choice, use H1 or EAD.
    I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
    I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
    Wife will continue to work on EAD.
    H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
    Plus I don't have to pay the crazy AP fees each time.
    Please do comment if you find this information useful or any issues in my plans stated above.
    I will update this post when I arrive back in USA.

    Update : 8/12/2010
    I entered USA on H1 through IAD airport with ZERO questions asked.

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  • At what date the checks got encashed?

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  • I don't know how much time you took to complete AMIE.
    Longer is better in this case.
    I finished my AMIE in three years and I am in trouble.
    If you took four or more, then you are lucky.
    May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
    That helps to support AMIE is a four years degree.

    Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
    If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.

    My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
    Once the I-140 is rejected, then it is a bad remark.
    All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.

    It is always better to go for EB3 new labor as you have some time.

    Thanks and all the best.

    Here are the details of my case:

    Hi All �

    Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.

    My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).

    In my labor it�s clearly stated that the bachelor equivalent is needed.

    Labor Priority date: 5/10/2007

    8/7/2007 I-140 petition filed for EB2.
    8/7/2007 Adjustment of Status applications filed.
    8/7/2007 EAD application filed.
    8/7/2007 Advance Parole application filed.

    9/25/2007 USCIS Receipt Notice received.

    10/23/2007 EAD approved and valid till Oct 2008.

    6/20/2008 EAD renewal application filed.

    Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.

    In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.

    7/1/2008 RFE Submitted

    08/28/2008 I-140 / I-485 got denied

    I still have valid H1.

    I-94 Expiration: 4/10/2009
    Estimated Final I-94 Expiration: 11/25/2011

    My questions are �

    Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?

    How do I convince my attorney that we should go ahead and file the MTR.

    Please help!!!


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  • Jayant aka PD_Dec2002:

    Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.

    I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)

    Please refrain in using abuisve language against anyone.....Just was making my point of view. Expressing views might hurt anyone but that does not you can thrash someone in public forums !!!!

    Get help from 101 manners !!!!

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  • Dude this huge money can change India's future .Consider that National River linking project, all high-way and Railway projects
    Imagine if this happens in real time we won�t be fighting for GC here these westerns at our door step.

    Dude, where did you got this story from?
    Is it just some forwarded email?

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  • I am sorry you made BA as a choice. Kindly do not support any airlines/countries that require visas for Indian citizens in transit.

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  • I just received an email from USCIS that my wife's EAD has been approved.

    RD 07/02, FP 09/04, PD 05/06

    Is approved the same as "card ordered"? Do you see a different LUD than the card ordered LUD?

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  • wonder why i earned the red mark??
    is it too wrong to speak our voice????

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  • I filed on June 29. Reached on July 2
    Signed by Bermeyer.
    No receipts are received and no checks are cashed.

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  • the creativity is amazing. How you took the sqwigly thing and then made an angel fight it...Genius! Its visually amazing. I'm in Awe. I'd like to see a tutorial about anything from you, I think you have some great skills.

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  • KHUSH RAHO ....

    Zindagi hai choti , har pal me khush raho...
    Office me khush raho , ghar me khush raho..
    Aaj paneer nahi hai , dal me hi khush raho,

    Aaj gym jane ka samay nahi , do kadam chal ke he khush raho..
    Aaj Dosto ka sath nahi , TV dekh ke hi khush raho..
    Ghar ja nahi sakte to phone kar ke hi khush raho...
    Aaj koi naraaz hai , uske iss andaz me bhi khush raho..
    Jisse dekh nahi sakte uski awaz me hi khush raho...
    Jisse paa nahi sakte , uske yaadon me he khush raho

    MBA karne ka socha tha , S/W me he khush raho...
    Laptop na mila to kya , Desktop me hi khush raho..
    bita hua kal ja chuka hai , usse meethi yaade hai unme he khush raho..
    aane wale pal ka pata nahi ..sapno me he khush raho..
    Haste haste ye pal bitaenge , aaj me he khush raho

    Zindagi hai choti , har pal main khush raho.....


    Since no one has come out with English translation, here is my version. oomshiva, Please feel free to correct it as you are the author

    Life is short, enjoy its every moment
    In Office and at Home, enjoy and just enjoy
    Did get Chicken Masala, be happy with fast food

    No time for gym today, walk a little and be happy
    Didn't see a friend today, watch TV and be happy
    Can't go to home country, make a call and be happy
    Somebody is upset with you, ignore/remember him and be happy
    You can't see him/her, listen to that voice and be happy
    That person can't be yours, just remember and be happy

    Planned to do MBA, so what if you are in software, be happy
    Didn't get Laptop, With desktop be happy
    Yesterday is gone, recall fond memories and be happy
    Worried about future, stay in dreams and be happy
    These times will pass, enjoy your present to the fullest and be happy

    Life is short, enjoy its every moment

    and may I add this one line

    Enjoy your today to the fullest
    who knows ..
    there may be no tomorrow

    Sanan has written this line
    Green Card nahin mila H1 me he Khush raho ??

    Translation: Didn't get Green Card, Be happy with H1


    This is my first post. May I make a request that if you post anything in non-english, please provide english translation. Thanks!

    Here is a question for all those people who are good in Hindi --
    What is the english word for "punarchakravat" punar-chakra-vat
    Whay I am trying to say is that evenfor Hindi speakers it is possible that they may not get every word of it.

    I will post answer in a little while.


    Regardless of what your employer is doing on your behalf, you should be proactive and take appointments with law makers. You should be prepared to show that you didn't do anything wrong and now you are going through personal hardships because of this delay. Since you are willing to provide all the paper works to USCIS they should have no reason to delay adjudication. You should emphasize the fact the your application is subjected to undue delay for no fault of yours.

    According to my employer, he is going to the Senators office tomorrow to talk to them regarding my case. Got an appointment some time this week to see them on Friday. I dont know how far this is true. They already wrote a letter to them 2 weeks back. This is what my employer says. But I dont know whether he actually contacted them or not. He said he will give me further info on monday. I have to wait and see what he comes up with ( truth or some other new story) on Monday. Then I might decide to move on to a diff employer if nothing works out.

    Thank you for the info. You might be correct. But there is no way for us to know that our application got transfered or not. I am just assuming this is the case for me so that I can feel better and not to worry for a while. I filed on July 19th to NSC. 140 approved from NSC.

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