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  • samay
    08-25 03:01 PM
    Hello Sir/Madam,

    Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.


    p.s I have already responded to the RFE with 2 color photos.

    Its enough that you have responded the RFe and sent the photos.

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  • pady
    07-24 12:23 PM
    I had a Infopass apt this morning. My PD is Jul 2005 (Eb2-I) , 140 approved 18 months ago. The IO told me this morning that my Namecheck is cleared. How long do you guys think i get the approval?

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  • sunny1000
    12-13 03:30 PM
    The OP was whether the country quota is constitutional. My interest was to find out if the current laws and regulations are violated by the country quota.
    As lazycis pointed out, SC seems to uphold the current situation.

    I was not looking into arguing in a court whether a particular regulation is fair or not. The law is what it is (what I or you consider fair or unfair is immaterial), question was : Is the law being implemented or not? Seems like it is.

    To change the law, we as IV are lobbying and meeting lawmakers already.

    Unless a constitutional lawyer says otherwise, I see no reason to pursue the country quota in a court, considering lazycis post.

    You are right. The courts have long taken a position wherein they give a lot leeway to the Congress and the Executive when it comes to Foreign policy and immigration definitely falls under foreign policy.

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  • msp1976
    02-18 09:45 PM
    Brother; I am also an immigrant. At high levels; I think there should be no quota on employment base.

    I would say Amen to that....

    The whole issue of asking for I-485 without priority date comes from the 'spouse not able to work' issue......
    Once 485 can be filed....Spouse can obtain work authorization and everything falls into place because of the derivative benefits of I-485......
    You see if the wait for GC was just 2/3 one would ask for the 485 without PD provision.....
    But how long can I keep telling my well educated spouse( Bachelors degree in computer science..MS in progress) to put her career on hold ??
    There are cases of marriages falling apart because of this issue...
    Now United states calls herself 'land of opportunity' and 'defender of family values'..... What about keeping our families intact....??


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  • gc_chahiye
    06-28 07:41 PM
    I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".

    I bet they will come back with the former conclusion.

    Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.

    This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.

    Unless the senior folks in your HR department specifically ask them to file asap, they wont.

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  • gomirage
    06-11 07:24 PM
    Congrats, you have arrived. Now, somebody, close the door please !!!

    To be honest, I do agree that the US needs qualified people with skillsets. The real question is "Are the people from the desi consulting companies the real qualified lot ? " Just to get my background details out of the way. I am a new member, from India ofcourse, and I have recently applied for my citizenship. Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. Staffing companies to a decent extent followed rules and tried to get the best and the brightest. Once the dot com boom started, people from all walks of life entered IT. This was true of not just the Indians but also of people in the US. Soon after the bust, the value proposition from these staffing companies was simply low cost. This is not to blame the staffing companies. They behaved in an economically rational way.

    Consider this scenario. If you run a consulting company, wouldn't you try to maximize your profits by staffing people in projects at the least cost ? This is econmically rational. You wouldn't worry much about the quality of the deliverables and all you would care is to dump as many bodies as possible at the client site or offshore and get the maximum bang for the buck.

    In this scenario, how is it feasible to expect immigrational justice when the bodies themselves dont provide exceptional talent and skills but simply offer low cost ? Now you would be tempted to bring in the analogous case of illegal low skilled immigrants. Remember they are just that - low skilled workers. They dont "steal" the jobs of high skilled workers. But this dumping of IT workforce has completely brought down the standard of living of the IT workers here. To be honest, those who get green cards today would feel the same way five years from now when the next wave of so called "skilled IT immigrants" offer even lower wages and destroy the quality of life.

    In summary, this retrogression is good in a way. The truly best and the brightest would still be employed until their turn for adjournment comes in. Only the weak are currently scared of the delays. I went through the same torrid GC phase after the tech meltdown in 2001. I was not worried of my job then but many people whom I knew got clobbered and were forced to leave. This is the darwinian flush and it will take its toll. Trust me this the bitter truth. If you people still consider that all the people on H1/L1 are part of the best and the brightest, they are WRONG. Only a small % (probably 20%) are the true best and the brightest and a good 50% will be flushed out. Sorry to say this and hey give me the red dots.


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  • eb2waiter
    05-09 05:01 PM
    for those in US GC and thinking of applying to canadian pr...

    DONT DO IT !!!

    You just end up spending around 3k-6k for you and your dependants, and it will go unused since you are waiting for US GC.

    the best way for canadian shit is to go back to India when you are sure you will not get the US GC. You can then think of canadian PR from India.

    The canadian government just takes your money and you dont get jobs easily. Most of the jobs are for people with job experience "INSIDE CANADA".

    India is a good place to shit too. Your daily toilet does not HAVE to be in some other country if the restrooms in US are closed forever.


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  • s_r_e_e
    09-23 10:20 PM
    I will send from the Bussiness Email ID tomorrow.


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  • vikki76
    05-10 04:33 PM
    Australia is backup option for me. For various personal reasons-I didn't chose Canada.
    Cons of immigration to Canada
    -Dependency on US
    -not very diverse society

    Pros of Australia
    -Trading partners with N America,Europe,Asia
    -Very very diverse society with east europeans,south east asians
    As for job scene,I am thinking that both are almost same, but in Australia,indian firms have a major presence.It is cheaper to open an office in Melbourne than in Bangalore!.

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  • onemoredesi
    06-21 07:39 PM
    Hey guys,

    I think this issue is being blown out of proportion. Its not that easy to get approved using labor substitution. Recently, I came across a pre approved labor but could not use it..just because the skills that are mentioned and what I work in do not match..

    Let us say if my pending labor is filed as a Programmer Analyst with experience in Java, J2EE, etc and the pre approved labor is a VB/ASP position then I cannot use it, even if I fake VB/ASP experience. This is because, my pending applicaiton will be pulled when my I140 is applied and the 2 applications do not match.. That itself will raise a red flag.

    People who are using labor substitution needs to be extremely lucky to have found a pre-approved labor in their field of work and with a PD which is current..

    My strong opinion is that Labor Substitution is not at all the reason for our problems..My Labor still unapproved is 2003 PD and I did my Master's here but my company did not file my application in eb2..I have been looking for a pre approved labor which is before 2003... came across two, but could not use either of them..

    Just my 2 cents!



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  • chintu25
    09-24 01:43 PM
    I think we should ..........this would be helpful to their business too.

    EXCELLENT IDEA HERE are some CEO addresses we could send the emails too as well asking for their help

    Hugh Grant,
    Chief Executive

    Joe Forehand,
    Chief Executive

    George Mitchell, Chairman

    Antonio Perez, CEO

    Douglas McCallum,
    Chief Executive Officer

    Network Solution
    Champ Mitchell, Chief Executive Officer

    Chief Executive Officer

    Last but not the least

    United States
    George Bush



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  • Administrator2
    09-23 10:28 AM
    We believe that this is a great idea to address our issues and at the same time allows us to do our share in the time of crisis. Please send the personalized email communication ASAP as the key lawmakers are in the process of discussing possible package to address the economic/housing crisis.

    Even if this is not designed to directly help your situation, please understand that if such a proposal is accepted, it will make most green card applicants exempt which will free up visa numbers for those who do not want to seek such an exemption. So it is a win-win situation for all. Kindly send communications ASAP.



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  • ramus
    07-03 04:29 PM
    I digged it..

    Lets digg this please..

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  • longq
    02-14 12:50 PM
    The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

    Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..


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  • ragz4u
    02-06 02:07 PM
    I dont think that you HAVE TO file I-140 within 60 days after labor is approved.


    I had read when this was proposed last time that if this is implemented, the employer will have 45 days from the date of labor approval to file for the I-140. What this prevents is sale of labors (illegaly obviously). A lot of labors from 2001/2002 were on sale till sometime ago (2005) on Sulekha. If/When this law is implemented, buying a labor will get you ahead of the queue by a max of 45 days instead of the 3/4 years today.

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  • amsgc
    07-04 11:22 AM
    Need more titles!

    Most persons don't know what USCIS is. I did not know about USCIS/DOS/DOL... until after 1 year in retrogression!

    "The US govt. does a number on High Skilled Immigrants"


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  • breddy2000
    09-24 06:23 PM
    This could be due to simple processing issues :

    Filling issues (the application was filled in wrong category)
    REF (delayed response to RFE)
    Name-check (delayed namecheck)
    Other technical issues
    Medical condition
    Spouse of EB2 India/China where the application is filed under wrong charageblity.

    If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

    You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

    Is my assumption correct?

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  • qualified_trash
    11-12 06:40 PM
    everyone on this thread must ask ourselves this question:

    My HR manager has told me that there will be a labor available which I may be able to use to gain a better PD and get my GC in record time. Do I go for it?

    If your answer to the above question is NO, may I suggest you have your head examined.........

    If your answer to the above question is YES, may I suggest that you do not worry too much about LC substitution.

    I personally would never pass up a chance at a pre-approved labor and I bear no ill will or grudge against those who have benefited from the same. This country and world is large enough for all to coexist and do well........

    As for the people who have benefited, there is something to be said about being in the right place at right time.......

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  • nfinity
    07-03 04:41 PM
    Dear Senator,

    After having spent thousands of dollars in legal counsel, medical tests, documentations, affidavits and many days of hurried preparation to file adjustment of status (AOS) for my green card application, USCIS has pulled a fast one me and the legal high skilled community.

    On June 13th 2007, Department Of State indicated visa availability for all applicants starting July 1st causing thousands of prospective legal high skilled immigrants to prepare their applications only to be surprised on the very first day (July 2nd) with rejections due to apparent exhaustion of existing visas.

    This unprecented and possibly illegal action on part of USCIS, has left high skilled immigrants like myself in a limbo. We are wondering what we have done to be wronged in this way. I am a law abiding, tax paying resident contributing to the economy.

    Please help us in overcoming this situation. We definetly do not deserve such treatment for having followed the law in the land of opportunity on the eve of independence day.

    Thank You,


    03-27 03:14 PM
    Indian democracy can throw many surprises
    I think UPA will get 273 and if that's the case then MMS
    If NDA get's 273 (which is highly unlikely) then Advani (no Modi...otherwise also Modi's communal qualifications are pretty widespread outside of Gujarat). I like the guy but seriously PM of India and CM of Gujarat are 2 different things.

    And if Third front comes to power (they just need around 200 as once they get 200 there will be breakaway groups from UPA and NDA so they can touch 273)

    then we will see real democracy (read lust for power)

    First 6 month Mayawati >> Followed by Jayalalita / SASIKALA for 6 months >> Followed by some one from LEFT (comorades work in groups..not sure who will be graced by politburo)

    Above cycle will be repetitive >> and Govt will collapse when Mayawati will complete her second 6 months Tenure.

    Just added something you forgot:D

    03-30 01:57 PM
    Yes...We had them in power for five years. It was a joke. India was Shining and we had to wear sun glass.

    I am not supporting the congress party. I am only supporting the MMS. To me, he is faaaaaaaaaaaaaaaaarr better than Mr.Advani or Mayavathi

    SNathan, I know you are supporting MMS and not congress. But remember, it is not MMS govt it is congress govt. MMS is just an executive who will implement his boss's decisions. It happened during Narasimha Rao. It was Rao and not MMS who brought economy reforms. Also, India Shining was flop show and we had to wear sun glasses, but last 5 years of UPA was such a economic disaster that now even if we remove glasses we can see nothing but darkness.

    Also please consider that during UPA rule, India's loss due to terrorism was next to Iraq. As Narendra Modi says, even if you are rich, own houses and cars and happy in life...but if you are not sure that at the end of day you will return home safely or not, then this money and richness is of no use.