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  • We just received news that the Judiciary Committee hearings which were supposed to run until 1.00 pm today and also tomorrow have been postponed to March 27th. Apparently the deal is that the Judiciary Committee wants to put pressure on Senator Frist so that he does not introduce his version of the bill bypassing the committee...

    Will update as soon as we hear more...

    Not sure if this can be construed as good news or bad news! :(

    The slow pace at which this is unfolding might just lead to depression/suicidal tendencies!!

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  • Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
    If you need more information or you are worried please take an info pass otherwise please check back with us later.

    The only thing that came to my mind is regarding verification of degree certificates or experience letters mentioned on your Biographic Information form. Go to Local office and check.

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  • since there are many knowledgeable guys here ..I had another question - is there a law which says how the spillover should take place ? i.e. EB2(W) should go to EB2(I) etc ? I wonder why they don't send the extra visa's to the category that is in the worst position ..EB3 - I in this case ?

    Only ROW EB3 spillover can make it to EB3 India and as ROW itself is retrogressed, that will not happen.

    However, if you check 2007 assignments, Eb3 India got over 10K visas, though the stipulated limit is around 3K.

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  • Thanks for the pointers.

    In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.

    To answer another question from another poster, yes, I have been with the same company since 2001.

    Sorry! to hear about RFE..I hope your RFE is simple to answer...

    Let us know more details if you get it.


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  • Why is this good news again?

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  • Hi Guys,

    Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th


    Did you file a Service Request for FP Notice?

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  • FearOnlyGod it is, do not give into bad employers. I looked up google for complain DOL against employer harassment. If you have email or other proof of his recent harassment it can be added to the same complaint to DOL check more resources you should be getting your pay.


    Q. What if I believe my former employer is "black-balling" me when a potential new employer is calling for a reference?
    A. This is not necessarily illegal. However, if the employer is doing this because you filed a discrimination complaint against them, this could be considered retaliation and that is covered under the Missouri Human Rights Act.

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  • I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.

    Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.

    However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.

    So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.

    Any insight on this?


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  • According to the pattern the next one is due tomorrow,

    The last link (Times27..) one doesn't open btw

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  • Dear IV Members,

    I have sent the both the Faxes (NY Senators, please let me know if I should send it to all)

    Initially It was unclear to me if I should send both the faxes or should I pick one, after reading both of them , I could find some differences and sent both the faxes.

    I am also trying to reach my friends and other contacts who may not yet be aware of IV and letting them know of your web site and efforts.

    Very good efforts !!!!

    Thank you.

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  • Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country

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  • Guys Got approved today morning........... Thanks to everyone on this forum for infinite information........... Will be back when ready for the Citizenship application..................:D

    Congratulations on your approval!

    Why will you be back when you are ready for citizenship application?
    I don't think you should leave IV just because your 485 is approved and you are going to get the Green Card soon. IV has done lot for us and we should be supporting IV as long as we can.

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  • Voted Yes!

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  • You have 2 H1s, can you do that. Are you working full time on both H1b visas. Please eloborate on that.


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  • I doubt this law will cause any trouble. For analogy, there are laws around carrying current insurance papers. Once I didnt have my current insurance, since every six months new ones get mailed and I forgot to keep them in the car. I showed the police officer my previous expired insurance and mentioned that the insurance-id is the same. He accepted it and asked me to carry the current copy in future.

    The cop will fine you if you did not have the insurance card; under the present bill, the latino has a chance of being deported and not fined......huge difference!

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  • Can you or somebody tell me the nature of RFE that was issued after invoking AC21. Was it related to semilar/same job category or ability to pay or educational qualification etc etc.

    I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.


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    If thats the case then I think at least some people are safe ...:)

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  • If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.

    IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.

    Actually it is like the "Gareebi Hatao" (translation: Remove Poverty) slogan for the Democratic party. Something to be used in certain districts for election only.
    Just like Gay Marriage issue for Republican party.
    In fact Rahm Emanuel (key strategist of the democratic party and one of the people credited for the success of the Democratic party in the election) said immigration
    is the third rail of American politics.

    It is the independent voters that decide a election, not the core democratic(ultra liberal) or core republican(ultra right wing) supporters. Passing an CIR will piss off
    a significant portion of these independents and will create a swing against the Democratic party. A very small swing can create devastating losses in the swing

    The immigration issues is in a factor in the 1st generation Hispanic community whose parents are illegals.

    Even the younger generation wants illegal immigration control.

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  • Logiclife,
    Competeamerica too is not happy with this bill.
    Has IV talked to them about their stance and their plan of action?

    How do you think Congress will react to these provisions?
    They have STRIVE in the house. Is there a chance we get something
    in the middle of the senate bill and STRIVE?

    Moreover, the decision totally ignores the fact that "The basis for adjustment is not actual (current) employment but prospective employment" and the entire answer to Q10 in Part I of the Aytes Memo od 12/25/05

    The court decision is correct. The I-140 has been withdrawn before 180 days and that was fatal for I-485.

    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

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