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  • Yes I believe my attorney did provide the educational evaluation documents. It was the same documentation used for the H1B & the PERM Certification. Any idea of what my chances are with the appeal?

    i hate to say this, in my opinion, urs is a little tough case. This is just my thought. Other gurus here may have a better advice for u. But this is uscis, you are dealing with. So you never know. Provide a better educational evaluation and keep your fingers crossed. All the best.

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  • I am from NJ and will meet the lawmakers,,

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  • It does not matter who will get credit for this. It would not happen without people taking action - IV members or those who took the USCIS to court (BTW, 90% of those did it without attorneys). Nothing happens if you do not do anything!

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  • It is that time again, the eager wait for the next month's Visa bulletin. It is almost like a monthly ritual for many.

    Although there is no clear logic to the movements, there are folks in the line that hold some hope that this might be the one that will get them closer to the GC counter. (happens every month ! :p)

    Since predicting VB dates is as close to pulling stuff out of thin air. My gaze in the crystal ball tells EB2-I and EB2-C to be the same: Feb 05 (hoping for a quarterly spill over in Jan 2010 :) )

    As for Eb3 even the crystal ball turns foggy. I very much wish EB3-I sees some forward movement in the upcoming bulletin; may be at par with or at least close to ROW/China/Mex/Phil.

    Let the Gazing Start... ;)

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  • I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
    Well, go ahead and cry in the bathroom now instead of actively supporting IV.

    Give the guy a break...he's just asking around as to what his options are... besides, one can't 'GUARANTEE' for how long a period of time one would have to wait as far as priority dates are concerned. The July Fiasco confirmed that, if anything...I agree that the rally is very important in making further strides, however there's no reason to be so harsh...

    abhidos37, unfortunately since your application was received when your priority date wasn't current, you're going to have to wait until your priority date becomes current again.

    Good luck!

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  • Lou Dobbs just reported in his show in CNN that more than 400k applications received for H1b (as against the quota of 65k), ofcourse with his usual bla bla cheap labor comments specifically pointing out Indian outsourcing companies.

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  • for folks even if PD is not current, then it CF went away. Now not there for such folks.
    CF only if PD is current.

    Isn't concurrent filing still available?

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  • Guys,

    I am also in somewhat same situation. So thought of sharing it in this thread.
    I am also single and filed 485 in July 485. My PD is Dec 2006 under eb2. At present the EB2 dates are June 2006. I am carefuly waching the dates every month to pull back my application if my Eb2 dates becomes current to my PD date.

    But this question often hunts me...

    1. If USCICS apprvoes my 485 by mistake while my PD date is not current, can I let them know about it and get the 485 approval cancelled or is it irreversibale...??

    2. HOw long does it take to notify USICS to withdraw my 485...??

    Thanks in advance..

    0.0001% chance that your 485 will be approved when your PD is not current.
    Dont withdraw the 485, if you already found your spouse. Watch for visa bulliton and search the parter quickly. You will have 15 days time between visa bulliton publising date and the date on which PD is current. Within that 15 days you can get marry, and apply "follow to join" petition for your spouse.

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  • 1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

    2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

    3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

    4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

    5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

    6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

    Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

    But life goes on...

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  • Hi

    Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
    I am on H1B visa.

    I would appreciate if someone could give any sort of information related to calling for a home visit.


    This is the most bizarre thing I ever heard immigration. Usually the IO schedules an interview at one of the local offices or at one of the CBP (Customs and Border Patrol) offices. Atleast in San Francisco, both USCIS and CBP offices are located in the same building.

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  • Hi Sheila Danzig,

    I have an ICWA degree from India. Do you think this can support my 3+2 years education to support a EB2 case.

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  • Gianik:

    Please feel free to send me a private message or email me at and I will be glad to help you as much as I can with immigration to Canada.

    Actually, immigrating to Canada is quite simple if you are the right person that they are looking for (and from the qualifications that you described you are, trust me). Canada has a very low natality rate and their strategy is to grow through immigration. Canada is the 2nd largest country in the world after Russia, but it only has over 30 millio inhabitants. They are admitting roughly 250,000 new immigrants a year.

    The first step is to take the eligibility test, which if you pass, it means that pretty much you are in (the rest is just paperwork). You can take the assesment online (as well as find a lot of information) on the CIC ("Citizenship and Immigration Canada) website at:

    Many people use Canadian immigration attorneys to file their petitions, but you don't really need one (I started with oe and then fired them when I saw the process was so simple!)

    After that they will as you for: police reports, a medical exam, to take the IELTS English test, etc. Finally, they will send you a passport request (it all takes at the most 1 year) and they will stamp your and your family's immigrant visas on your passports. The you have a year from the date of your medical exams to go to Canada and finalize the paperwork at the port of entry (land, air or sea port) and that's it.

    What's really nice is that if you want/need to you can keep your U.S. job for up to 3 full years after becoming a Canadian permaent resident before you are required to actually move to Canada, which gives you great flexibility.

    The CIC website is your best tool (you are even be able to track your case on there). Also, visit the Canadian Embassy's website of your country of origin for ay special instructions. Let me know if you have any questions. Thanks!

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  • On a side note, I was wondering what happens to derivative/secondary beneficiaries 485 applications if the primary beneficiary is stuck in name check.....If secondary beneficiaries are cleared and primary is not, then does USCIS approve GCs for secondary beneficiaries..

    No.. They are also stuck till primary gets clear.

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  • if money is the only factor, all green cards for next 10 years will be sold-out overnight, like how the entire H1B quota gets over in a single business day

    lets see

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  • This is un acceptable talk. Forum is to share - no one deny's it. ANTI or PRO - each can put their own thoughts...BUT not in the above said language

    I hope we keep our dignity and self respect

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  • Keep us posted.

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  • I guess rajkannan went underground after everyone got on this case... :D

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  • if i may interject in this very health constructive and inspirational discussion for a moment- begging all your pardons please!

    there are posting guidelines

    please read them carefully- everyone.
    this is an open forum indeed, rarely do people ever get banned or posts deleted. however, with all rights come some duties and civility is foremost among them.

    the person whose posts some are objecting to is not a moderator. he is expressing his own opinions. i'm quite amazed that he has been labeled one or put at par with moderators/administrators by some here.

    this is indeed an information sharing forum although that's not all it is. i'm sorry the initial poster never got a reasonable reply. really should have.
    as for contribution etc, iv or any moderator is not pushing anyone let alone rudely or being abusive for anything. but lest we all forget, this forum exists because this is a grassroots organization with a commitment to removing retrogression. if that goal gets lost in tourism to the forums, then the forums too will be lost too and very soon. just a gentle reminder for you oh so gentle folks!

    lisap- please visit the home page and scroll down a few inches, start reading from "The issue of Immigration Voice, in a nutshell ". If you still do not understand the goals of this organization, please pm me and i will be glad to help. Btw i'm extremely sorry to hear that you cannot be at the rally for personal reasons, we all understand that each person's situation is different and not always easy. However there are ways we may be able to help you attend if you are motivated. let me know- no harm in trying anyways...

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  • Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..


    Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.

    To be specific, 8 CFR 274 a.12(c) (9) ( is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.

    I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens

    Now how do we go about changing this provision to include I-140 -- not sure.

    However, it is simply a case of moving the ball around --

    either you ask that people be able to file adjustment of status even if visa numbers are not available


    you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.

    HI i got my traffic citation this August 15th 2009. That too driving 35 mph in a 30 mph zone, 5 miles over the speed limit and i paid a fine of 125$ plus a 1 point to DMV history. That is the only citation i have till now.


    Did you get any high level traffic citations any time ?
    Mostly they dont matter unless its high level

    If I-140 is revoked , i believe the message should be some thing different



    Let us focus on the rally and recapture of visa numbers. This more important to all than fighting out the LS issues and finding fault it is not our issue. If the LS guys gets rejects, they deserve it for not using their own Labor, and they a price for the same. Let us not beat them with a stick and focus on what can be done now.

    Let us not build hatred against anyone, this can only undermine our efforts. You never know, heard FBI Checks are strict on LS folks, hope that is true, atleast genuine filers get it based on their PD, so be 2001 or 2002 as long as they are the original beneficiary.

    Where is it mentioned that LC sub has been rejected ? I looked at the link and
    I couldnt find any thing.


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