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  • uachoudary
    07-20 12:18 PM

    There is a provision of filing for AOS using section 245(k), where it permits the application to file for AOS if his unlawful presence is less than 180 days after his recent entry in United states. You should be good

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  • santb1975
    11-28 07:52 PM
    Thankyou so much

    contributed $100...

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  • bigboy007
    04-12 11:25 AM
    Great discussions!! we are all going in different directions... How many Labor petitions few handful? There might be ppl who are stuck legitimately and ppl who did it , it was legal. Rather we should concentrate on Retrogression of VISA numbers. Then what after July 07 , think also about 140's there were pending there are a handful with earlier priority dates. Also many times USCIS issued GC's for ppl with earlier PD's should they return their GC back ? And potato eater has mentioned its not point to argument. I dont think there are those who are blocking the system. It is sheer number of VISA's that are driving nuts. There were also proposals that VISA numbers be applied only to principal applicants. Actions like these will have impact on final numbers.

    And above all this idea is not new , It was even discussed by many members (in ~2006) when Substitution was abolished. But we are already here. We will campaign like Rajiv Khanna had said and then what discuss new proposal ? I feel its not that easy to do a change for existing ones in pipeline and USCIS has completely abolished this idea altogether.

    Main action agenda: Legislation to get back unused numbers. I dont want IV to waste energy or resources anything beyond this and we shouldnt keep on discussions of new proposals. Our only point of discussion should be How to get legislative fix done.

    Come to think of it, this idea has potential to fly. We can ask CIS to make the date of I-140 filing as the PD for substituted labor case. This will ensure that PD will move forward smoothly till July 07 at least. That will cover most of the long standing ( and long suffering) GC applicants and bring them relief. This will not have any other impact on the number of outstanding apps or available visa numbers etc. I guess this change in PD assignment logic can be done by CIS without the need of any new legislation.

    The idea inherently appeals to those who believe in fair play. How do we take this forward.

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  • willwin
    07-11 12:23 AM
    it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.

    so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?

    ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?

    there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....

    having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.

    today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?

    please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.

    and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.

    I should clarify few points here:

    1. Let EB2 be wonder kids. All I am saying is their GC shouldn't be at the cost of EB3. Have a separate quota which is twice as much as EB3. But, when the left overs are up in the air, EB2 shouldn't grab everything.
    2. Not all EB3 are with 3 years Indian degree. Most of them are 4 years and above. Please prove me wrong. There are several Master degree holders in EB3 queue just because of their employer decision (not even job requirements).
    4. Most people filed under EB3 way back in 2001/2002 because they didn't antici pate such a mess 5-6 years down the road.
    5. Today most applications are EB2? How? does it mean that the '3 years' Indian degree holders are not coming to US anymore? Nope. These days people just ', manage' to file under EB2.
    6. Finally, EB2 would understand what we (EB3) are saying if the EB1 queue was retrogressed and EB2 was stuck in 2001.

    There is no separate quota while applying for H1B but at the final stage of GC! Ridiculous!!

    Bottom line, a VISA that could impact an individual's life so much should not be dragged for 7-8 years. And, thank you for your concern for EB3.


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  • hoolahoous
    12-06 10:03 PM
    I think it all boils down to this scenerio
    you have a seriously injured uninvited person in your front lawn about to die. what are you gonna do ?
    Some people would want that 'problem' to go away and some would want to help the person. Our actions make what we are ..
    BTW if anyone is interested, child birth generates 9 dols (measure of pain) of pain and at 10 dols a person dies. 9 dols is maximum pain a human being can suffer.

    Take your pick.

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  • ssreenu
    04-14 12:00 PM
    Can we rope in organizations like those mentioned in the subject line for our cause?

    Single most important reason I have not bought a house yet is that I do not have a GC and thus can be kicked out anytime. Most of my savings have been invested in Real Estate in India not because I think investment there is more profitable but because I do not have confidence that I will get GC here for sure. All of my friends who own a house waited till they got GC and those who do not own one, are those waiting for GC. In short, more GCs to Desis generally would mean increased housing demand, at least that is what the initial look at numbers indicate. Thoughts?

    I am in the same boat, I have seen many people who are also in the same situation. I don't like investing here at all for the very fact that my future is uncertain.


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  • rph20
    07-20 02:02 PM
    Can someone advice on this.
    Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
    After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
    Can I leave my job after applying AOS or I have to wait till We get receipts of 485?

    Thanks in advance.

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  • nareshg
    07-06 03:31 PM
    send flowers for 9.99 with a special coupon


    Not trying to stress on the price...but just a question ...can we get it for this price ? less thatn 10 ? I am not able to see any under 30 $

    Basically might be better to send 2 for 10$ rather than 1 for 20$ ....or say 5 for 10$ rather than 1 for 50$......

    guess the quantity if let us know where you can get cheapest so we can send more....

    I think the idea is quite good....we are on indiatimes and so many desis here read indiatimes and the awareness is going to increase....

    all the best to all of us -:)


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  • laborfd
    12-20 04:05 PM
    Sent another contribution of $50 through pay pal.
    Please contribute to IV, this will help us in resolving the issue with GC.
    Let's all contribute again for those who have not and to those who can again.


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  • shukla77
    09-14 01:32 PM
    can we have a poll as part of this thread? simple poll with the options "Yes" if sending the letter and "No" if not. We want to make sure that there is significant participation from IV members in order to see some results..

    Good luck.


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  • abhijitp
    11-29 05:41 PM
    Here is something to read for you:

    IV in 5/2006:
    About 4000 members, 2800 of which had not contributed anything, and even then IV managed to pull off this amazing feat.
    This amendment was PASSED although the CIR bill failed to survive.
    In other words, if there had been a bill only to address EB GC reforms, there was a great chance YOU would be able to file for your I-485 even if your PD was not current!

    IV in 11/2007:
    1) IV has 25000+ members.
    2) The EB GC reforms proposed and passed as an amendment in mid-2006 are long overdue!
    3) IV has gathered a lot of admiration and attention after the flower campaign/ SJ Rally-> leading to the July VB reversal, and of course the DC rally!

    Even if 2500 of them pay $50 a month, IV would have a steady flow of $125000 a month for lobbying efforts.

    Just imagine what IV could accomplish in the next few months, if only people realized how important it is for them to sign up for monthly contributions!

    Think about it!

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  • dwhuser
    08-12 12:54 PM
    People we have a question, throw us some light now that our application officailly falls under current dates....

    Our service center is Texas Center and the dates -
    Priority Date - Oct 18 2004
    485 Received Date - Aug 17th 2007
    485 Notice Date - Oct 16th 2007

    The current processing time for Texas Service Center is August 23rd 2007. Do they process based on reciept date or notice date? From the past experience we know that they donot process based on priority dates (We have been current for 3 times in the past and saw approvals for PD's in 2006 with earlier notice and receipt dates)


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  • ragz4u
    04-19 03:29 PM
    Sometimes we get approached by journalists who need a story the very next day. They are looking for specific subjects for the story though.

    An example is say the Investors Business Daily (a financial daily). A reporter might come to us and ask us if we have anyone from the Finance sector who is suffering due to retrogression and is willing to speak up about it. They might also add that we need only Eb1/Eb2 category folks.

    When this happens, we are in a mad scramble to find folks who fit this criteria so that we do not lose this chance.

    Another example might be of a Medical Journal looking for doctors stuck due to retrogression.

    We are constantly getting requests like this but cannot capitalize on it because we do not have enough stories already available to fit the criteria.

    So please send in your stories. It need not be earth shattering at all (most of us are mere mortals). You never know when a reporter is specifically looking for a story similar to yours and you might just tilt the balance in favor of skilled immigrants.

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  • +ve
    05-16 10:04 AM
    Wanted to find out about the visa options for my wife�she will be coming to the US on an H4 visa�can a company hire her on an L1 or any other kind of visa or does she have to wait for an H1B until the next year quota opens up�She has an MBA Finance degree from Mumbai university & currently working with a multinational bank as a credit analyst�Kindly Respond.


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  • 485Mbe4001
    08-22 04:38 PM
    I am EB3-I (pd 02 retrogressed) but was interested in this discussion so i emailed my lawyer about it. She said, historically the last month of the fiscal year has the most approvals as they try to clear as much as they can. You will see a lot more approvals from next week or sept 2nd week.

    As you guys may already know. When a 485 file is with an adjudicating officer, h/she then is able to request a number via an online portal from the State Dept with the relevant case details.

    I am hearing that for the last few days when EB2 India/China numbers are requested, instead of granted or not, the officers are getting a "pending" status report. They can't adjudicate without the number being approved from the State Dep't.
    The same thing is not happening with ROW cases. Of course all of this is ridiculous and unfair but judging from last years events, I suppose we are to expect this. So it appears that the state Dep't might be doing some internal calculations. Not sure if they are trying to get info back from consular posts as well before they release the rest to the service centers.
    However what is clear is that all is definitely not smooth with the communication at this time. Hopefully they will get it together and in the end not waste numbers. NSC was really slow off the mark earlier this month and those of us with old pending cases there, appear to have been the losers this rounds.
    I'm praying they have numbers left over for next month. Based on what we are seeing they seem have gone into ramping down for Aug. already.

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  • Macaca
    07-17 08:01 PM
    I thank all new contributors, I think the efforts from members in the last 2 weeks are truly inspiring.

    If you haven't done already, please consider contributing and donating some money to IV. It is entirely run from our donations (and the shortfall made up by the core team).

    Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over

    I can not believe a Brit can misuse (may I say abuse) english! :) :) :) Don't get mad!

    Donate means: To present as a gift to a fund or cause;

    IV members are giving to help themselves. It is not a gift to anyone!


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  • mita
    08-21 07:27 PM
    You have a life to live, right? So, don't spend time explaning or convincing someone who don't want to believe you, it is a waste of your valuable time. I really appreciate you taking your time to let us know the facts(I hope not). Thanks.I sent it to Nebraska and it reache on July 3rd 2007 and it was trnasferred to Texas. I am not sure what's there in my profile, I just entered the dates when it didn't let me login to the site. It did not let login even if I didn't enter an RFE date and I had to enter some date. My I-140 was approved from Texas. One more thing, when I e-Filed for EAD and AP this year, it went to Texas, though IO gave a Midwest address which falls under Nebraska, I don't know why and I was surprised and happy too as Texas was approving the applications very fast, but mine is not yet approved (Applied on 29th June).

    It is already 6:15 PM and I have to go home, if I don't answer any more don't think I am hiding. I have a life to live and don't be so negative buddies. Every body will ge their Greencard and it is just time.

    I have been living in US nearly for 10 years all the time in B1, L1 and H1 visas.

    People might start asking, how come you have a 2006 priority date? One employer had applied in 2004 and was in PBEC and did not get approved untill 2007 July, meanwhile I had applied another in EB2 through another employer and got Labor approved in Septmeber 2006 (less than a month) and I-140 approved (Premium) in November. After that I got three years H1 through new employer and moved to this company on 11th June 2007 Luckily everything was made current on July 13th and mailed my I-485 application on July 2nd (Just before they officially announced that visas were unavailable) and it reached on July 3rd. Again don't ask me how could I apply in EB2, when I did not do Masters in US. I have Masters from India and also had Five years of experience even before 2004, by then I was in US for more than 5 years. Also, when my employer applied Labor in 2004, I was just Five days away from my 5th year ending on L1/H1.

    One more thing I bought a home in 2005 when my labor was pending some where, may be in Local Labor Department or PBEC or somewhere inbetween, and have been living happily. I am also worried about the GC but not paranoid about it.

    Many guys here worry too much, just relax and live a peaqceful life. Jus think this, we are highly educated and would defintely be able to make a living anywhere in the world, not just US. Don't worry tooo much and think others have no work and want to fool you guys.

    Just my 2 cents......

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  • vthattik
    06-09 11:55 AM
    Cost of flight ticket, hotel and car : $520
    Cost of metro tickets : $14
    Cost of a couple of lunch + dinners : $50
    Cost of taking cabs to visit lawmakers : $20
    Cost of attending the meetings with lawmakers and seeing every IVian, that attended the event during the last three days, working relentlessly for the entire immigrant community stuck in the huge greencard backlog : PRICELESS PRICELESS PRICELESS :)

    I think, the event was a huge success and the outcome of the meetings were positive. I wish at least one representative from each state participated in the event. Some offices insisted that they talk to their constituents.

    Kudos to everyone who participated!!!!!!!!!!!!!!

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  • das0
    04-06 10:28 AM
    Did anyone get refund back?

    Did any US-MS get refund back?


    04/06/2007: What Does Refund Checks from USCIS for FY 2008 H-1B Cap Filing Mean?

    There are a growing number of reports from the H-1B cap filers beginning from late yesterday that they started receiving "refund" of filing fees from the CSC or VSC. These are the cases of the petitioners whose filing fee checks have been cashed by the Service Centers. We do not know whether this news implies that the USCIS has completed the job of sorting-out and data-enties for all the cases and the random selection process has commenced. Assuming otherwise, one wonders how they have decided that these cases have been not selected and the filing fees should be refunded. There are two theories as to how the random selection would be conducted. Obviously, the entire cases should be data-entried before they can start a random selection process. Otherwise, the random selection process will be not scientic and too arbitrary. But no one knows. One theory is that in order to make the data entries, they should take the filing fees and the payment of these fees will have to be refunded for those which fail to make it. Other theory is that the checks will not be deposited until the selections are made. Currently the process of random selection remains a mystery. However, the fact that refund checks started being mailed out may indicate that the first theory is more likely than the second theory, and there is a possibility that the random selection is made by the computer during the process of data entry rather than after completion of data-entries of the entire cases. Since they had only opened and sorted out a little over 34,000 cases, it may be hard to believe that yesterday they could have completed sorting out of the entire remaining cases in one day. Please stay tuned to this website for the development of H-1B lottery results.

    03-09 10:46 AM
    Wait for today EOB .... if you do not get a reply from IV go for the Paypal account. Nothing wrong in that

    04-12 02:07 PM

    Will Words Fail Her?
    Immigration Officials Snub Literary Sensation Yiyun Li Despite Her Peers' Praise

    Despite being compared to Hemingway, Yiyun Li lost her first bid for permanent residency because an agency says she has not "risen to the very top of the field of endeavor."

    By Bob Thompson
    Washington Post Staff Writer
    Wednesday, December 21, 2005; Page C01

    Five years ago, Yiyun Li had a problem: How do you persuade the literary world to take you seriously when you're a 28-year-old native Chinese speaker trying to write in English, you've published exactly nothing and your training consists of a single adult-education class?

    Since then, the Beijing-born Li's career arc has been so steep it gives her peers vertigo.

    She's had stories published in prestige magazines such as the New Yorker and the Paris Review. She's won the Pushcart Prize and the Plimpton Prize for New Writers. Random House has signed her to a $200,000, two-book contract, which Executive Editor Kate Medina calls -- in what qualifies as a serious understatement -- "most unusual" for a literary writer at this stage of her career. Her first book, a story collection called "A Thousand Years of Good Prayers," was published this fall to wide praise.

    Now she has another problem: How do you explain to the federal immigration bureaucracy what the word "extraordinary" means?

    n the summer of 2004, Li petitioned the U.S. Citizenship and Immigration Services to become a permanent resident of the United States. To approve her application for a green card, USCIS would need to agree that she was an artist of "extraordinary ability," defined in Title 8, Code of Federal Regulations, Part 204.5(h)(2) as "a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor."

    To the upper echelons of literary publishing, Li looks like a slam-dunk to meet this definition. Not to the USCIS, however. A year after she filed it, her petition was rejected.

    She has appealed. A USCIS spokesman says she is likely to get her answer in a few weeks.

    The appeal was rejected around Jan 2006 - Appu

    The 33-year-old author, who plans another effort to get her green card, had applied based on "exceptional ability" in the arts. Her previous literary honors include the Frank O'Connor International Short Story Award and a Pushcart prize,

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