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  • I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.

    Please send the letter to WH if not already. As lasantha said, filing for I-485 when PD is not current is something IV is taking up with the administration. But, we need to get more letters to support our argument that this systemic dysfunction at USCIS is widespread and is affecting tens of thousands of people and not just a mere 1200 (that is the letters total so far and 10% of that comes from needhelp's efforts:))

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  • Raj,

    We should make some efforts to get relief otherwise nothing would happen next year also.

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  • There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.

    I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".

    If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.

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  • They change this number later in the year, since some of the FB visa allocated are retruned back to the pool (if the person getting GC does not enter the country in specified time).

    They allocated a huge chunk of EB2 Visa to South Korea 7125 (currnet all through the year). Same with EB3 SK got 4727 (close to sum of India and China).

    So i agree things will move slower this year but still move forward. We will not see an EB2/3 India/China Current any time soon unless they screw-up again like july 07.


    Approximately what cut off dates your expect for EB2/3 by Aug'09?

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  • Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..

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  • Thanks for doing this. I would suggest you to collect more data with real life stories and create a template, post it here. Then everyone can send the same to senator and white house. Anyway thanks for your work

    I'm done. I posted whatever I had on and wrote to my Senator. I think the strength is in numbers - so the effectiveness of this depends on the number of people that write in - Even if people dont include their personal stories, just the fact that you will include your address when you write to your senator makes it personal. Just my 2 cents!!!

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  • Ken,

    The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.

    Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.

    Hope this helps!

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  • In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.

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  • Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.

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  • vhd999,
    Thanks for another report of using AP without problems. I agree with you about conflicting reports from the German mission and airports. Based upon my research, the airlines only need to confirm that the destination country will allow you entry. While going to India, we have a passport and while coming back to the US we have the AP, so it is a simple matter. I don't know why they have a hundred clauses and sub clauses to determine who needs a transit visa. I am also going to carry my I-797 notice of action which is valid until Dec 2011. That should suffice in my opinion. Thanks to all for clearing all the confusion on these forums.

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  • Whoa, now be careful what you say there tiger. Outsourcing has nothing to do with the H-1B program, if everyone followed the law. Then people wouldn't be in America, underpaid or on the bench. American companies outsourcing to India etc. is happening. Everyoe is entitled to an opinion on whether that is right or not. But BREAKING THE LAW BY ENTERING THE COUNTRY ON AN H-1B ON FALSE PREMISES is simply illegal, and has nothing to do with the issue of outsourcing. Two different things.

    I am not saying all American companies are saints. The ones breaking the law should be punished accordingly. But facts are that Indian companies are among the biggest abusers of H-1Bs. Nothing wrong with Indian companies in general. But the ones breaking the law should be brought to justice, it's as simple as that.

    Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.

    Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?

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  • Is there any updates on full committee hearing ,which was scheduled for hearing on 23rd June ?

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  • The bill states failing to show evidence of your immigrant status, is a misdemeanor and will result an arrest. So this is going to trouble a lot legal residents to prove they are legal and there will be a lot of litigation as a result of this.

    See how Mr. Blog feed has omitted the fact that this law is against "unauthorized alien". To a casual observer it would appear that IV supports such endeavors (promoting illegal immigration).

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    my comments on this

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  • What do you say about your problem when you take InfoPass. You can't take an appointment to just ask what is happening to your case, unless several months have passed after all sorts of dates.
    I dont belive it when ppl take silly suggestions seriously. We should know better having been in this mess for years now...
    I would like to sum it up again
    USCIS is a blackbox and you will never know when you get ur GC until u get it.

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  • Thanks for the useful info. I hope this version goes through. :confused: I found the information regarding both the senate and house bills on AILA's website. From my understanding, they are going to attach this version of the bill...hopefully, without any changes. I'm keeping my fingers crossed. :)

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  • If buying a house had been the smart option, I would have bought it already.
    Please see the attached XLS.
    BTW, independent analysts predict that housing prices will fall by 20% in real terms in next 10 years.

    All I am stating is that this issue can be a good talking point for the Immigration Lobby, especially as the housing market continues its slide down:)

    Since I could not upload the attachment, pasting the summary sheet.
    Note: I am still assuming that price of house will slightly appreciate for this calculation.
    ITEMS Amount

    House Information
    Buy Price of the house $300,000
    Property Tax (Yearly) 7000
    Additional utility and other costs 200

    Loan Information
    Down Payment 5%
    Mortgage cost (one time) 5500
    Rate 6.20%
    Fixed Term (In years) 30
    Monthly Mortgage Payment $1,745.54

    House Insurance Premiums
    Home Owners insurance (Monthly) 100
    PMI (Monthly) 185


    Tax rate 30%
    Standard Deduction $10,500
    Annual Property Appreciation/Depreciation rate 4.0%
    Value addition expected cost $0.00
    Value addition expected Benefit $0.00
    Number of months expected to stay 60
    House value at the end of stay period $366,299

    Sale of property transaction
    Selling Realtor Commission 6%
    Selling Cost $21,978
    Real estate transfer Cost $1,500
    Net gain/loss on the property $37,321

    Down Payment opportunity cost
    Cash rate 4.0%
    Amount lost $3,315

    Current Rental Info
    Current Rent $1,000.00
    Total rent over the period of stay $60,000.00

    Cash outflow net of principal and after tax benefits $104,189
    Standard Deduction Adjustment $15,750
    Results (Gain/Loss) $(25,933.34)

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  • May be , I am not sure

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  • Get her medical examination done in India.

    Found out from the Senator's office that my case has been approved. Attorney was able to call and confirm. No change in online status though.

    E-filed on May 5th

    Sorry But please tell me how to do this?
    Yes I got it, after clearing the cookies, I closed that instatnce of browser and opened again from new browser and it worked for me.

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