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  • We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance

    Thank you Nixtor and all other IV friends who have helped me.

    And all those who came to this thread to help me and gave me lot of moral support.

    I am really thankful to all.

    I wish all of get the GC very soon.

    Good luck to all.

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  • As per the data, so far people with notice date (on 485, from NSC) before sept 1st have got their FP notices (except few people). So, I presume if someone's case transfered back to NSC from CSC before spet 1 st, he or she should expect their FP notice soon.
    Obviously, we are not going get our notices if there several people lined up with NSC notice dates before our transfer dates.

    This is just my logical conclusion, may be incorrect

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  • As far as I know, Fiancee visa is only for Fiancee of Citizens, not for GC folks.

    Someone pls confirm.

    You are right..Financee visa is for citizens only..

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  • AP is sent to the lawyer if you filed the G328

    Not always true, I've filed G-28 in my case, but received the AP at my residence address. Have friends/colleagues who had received AP at the attorney address. So it is kinda random. No logic behind this.

    It is important we get the document.

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  • From ILW:

    FBI name check delays that have stalled benefit applications may soon be a thing of the past. We understand that the Executive branch will soon provide name check clearances within a prescribed amount of time. If the clearance is not completed within the designated timeframe, the benefit will be approved by USCIS while the FBI continues to work on the security process in parallel. The rationale to move tothis new process is not just better customer service for benefits applicants but also because it will enhance national security(our security demands that the bad guys be apprehended, not merely be denied immigration benefits). The background for this change of heart by the Executive branch is the fact that many federal courts have been coming down hard on excessive name checkdelays by the FBI. In fact, not only have some courts ordered expedited name check completions but in some cases courts have suggested that the courts have and would use their authority to adjudicate petitions if the Executive branch could not get itsact together. The attorneys and litigants who have sought federal court relief over these last several years deserve credit forforcing the Executive branch to adopt a more effective policy in this area (when it does happen, hopefully very soon).
    Note: These details may be true. Last month we had heard such information but not in detail and thus had not posted it. We were hoping to get this news within 6-8 weeks (As per oour note on http://immigrationvoice.org/forum/showthread.php?t=14749). There are efforts to make name checks current and that is good news for everyone waiting for several years in the namecheck blackhole. It will also help recent applicants who might be getting into this problem.
    IV wants to thank all its members who took up this issue with their lawmakers and also contacted Ombudsman's office to solve this issue.
    - IV Team

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  • Both fax sent

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  • Under predictions for the following months, it is noted that the demand for numbers has not materialized because of persistent backlog. To move things forward they have moved ahead the dates for ROW and the Phillipines. They have also stated that in the future months, they may continue this to include other areas and preference categories. This sounds like good news for those who have their labor certification completed. They also add a caveat that this advancement of dates may lead to eventual sudden and significant backlog in the future when the demand for numbers does materialize (read: when the backlog is actually cleared)

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  • What a silly season :)

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  • nope ..I can't either. Its hard to imagine why an IEEE , with a Phd from Berkley couldn't find anything better to do than head a diploma mill...fishy. !!!

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  • Guantanamo may be kept open just for us .... and they will charge us $5000/$10000 per extension which is due per year ;)

    I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.

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  • Student Visa comes to mind. I hope you don't cancel your marriage due to this fact. Good Luck. You might be able to start another GC process as well.

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  • Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.

    USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.

    Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.

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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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  • That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.

    I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.

    Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.

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  • Even I e-filed my AP 2 days ago (this is my first time not renewal thou). I wanted to know if I need to send 2 photographs and explanation on separate piece of paper.

    Well, I also did a small mistake on the appl. I misplaced my first name and last name, I don't think this would be a problem thou...

    Can somebody help me with this?

    There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-

    On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)

    Do we really need to send this ? I do not remember that I did send it last time. Thanks

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  • This is their projection for coming months:

    Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
    Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

    Employment Second:

    China: none to two weeks

    India: no movement

    Employment Third:

    Worldwide: three to six weeks

    China: one to three weeks

    India: none to two weeks

    Mexico: although continued forward movement is expected, no specific projections are possible at this time.

    Philippines: three to six weeks

    Deja Vu!!!

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  • Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485

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  • Here is what you do if the bill passes without amendments:

    Get some sun-tan. Wear a baseball cap. Put in jeans with oil stains and bad quality collarless t-shirt. Grow an untrimmed mustache. Lose the dress shoes and wear cheap jogging shoes.

    Go to the nearest USCIS office (after this bill passes) and say that you have been working off-books illegally at a nearby restaurant since 5 years and now you would like to apply for Z visa.

    They will give you a probationary that will work like an EAD card (maybe better quality than EAD with it being tamper proof and wear proof). In the meantime, once the borders are closed and certain benchmarks are met, you will get Z visa with Advanced parole to replace your probationary card. With that advanced parole you can travel outside and come back in guaranteed (Guaranteed return due to AP). When outside you can file for GC, visit your parents and relatives, spend a few days in vacation and come back with full freedom to work anywhere without LCA restrictions and enjoy the Z visa that you can renew on your own (no need for employer sponsor).

    They will give GC to all Z visa applicants within 5 years thru supplemental increase in GC (based on survey done by DHS). The annual cap will be total Z visa holders divided by 20%. If there are 11 million illegals who end up getting Z visa, the annual cap will be 2.2 million.

    That 2.2 million beats the hell out of the 140,000 we have today for legal skilled immigrants or the 90,000 we will have with this new bill.


    1. No need to comply to speciality occupation. Work in any line of work.
    2. No need to get labor cert for GC.
    3. No need to depend on employer for temp visas like H1B and GC sponsorship.
    4. More travel flexibility due to advanced parole that comes with Z visa.


    My employer cancelled my H1 visa for the period of 7 months in the year 2005without my knowledge. At that period I was working in a Gas Station. After a hectic bargaining my employer once again renewed by H1 (till now I do not know how he did it) and right now I am legal doing my software job. My perm which was applied in Feb 2006 was approved and my I-140 is pending.

    My question is whether I am eligible to apply for 'Z' Visa??

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  • Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!

    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link

    Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.

    Sheila -

    Please refer to this pdf from CA web site

    CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.

    In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.

    Not a legal advice.
    US Citizen of Indian Origin

    I have send the letter to President and IV

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