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  • vdlrao
    07-24 11:30 AM
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D

    You are right prioritydate , there would be lot of things happen in employment based immigration in the next two years. This would cause a great relief for EB3 India including whole EB3.

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  • ajay
    07-07 07:17 AM
    There are several threads discussing this topic, but I have not been able to get a firm answer for my case.

    I have an approved I 140. I waited for six months after applying for 485 and accepted a job with another employer. I am working for this employer on H1B.
    I now have a visa valid till 2011.
    My confusion arises here -
    I am planning to go for a vacation to India and understandbly due to PIMS delays do not want to get my new H1 stamped.
    Can I use my AP to enter the country and continue to work using my H1?
    I know from this forum that many people have returned on AP and continued to work on H1, but in their case they are still working for the original Green Card sponsor.
    All my excitement about going on vacation has dimmed because of this confusing factor.
    Any inputs will be greatly apprecaited.

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  • Googler
    02-15 01:49 PM
    Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.

    Dvb, did you read the ruling? It denies relief and says that:

    "We therefore join the Seventh and Eleventh Circuits in concluding that, in the current circumstances, the language Congress used precludes the INS from issuing a visa pursuant to the DV Program for a given fiscal year upon the expiration of that fiscal year. See Nyaga, 323 F.3d at 914; Iddir v. INS, 301 F.3d 492, 501 (7th Cir. 2002).8
    8. Had Coraggioso sought relief prior to the expiration of the 1998 fiscal
    year, our analysis may have been different."

    So this case is not helpful to us, though it is good for us to be aware of its existence.

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  • gonecrazyonh4
    07-03 08:29 PM
    Done my part hoping it would help


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  • unseenguy
    06-12 01:21 AM
    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.

    He has not learnt his lesson. Let him figure out why he was laid off thrice.

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  • thomachan72
    01-13 09:39 PM
    Do you think with a cordinated effort on part of the IV members that we could/should write a well drafted letter to the USCIS to not target H1b worker for the cause of unemployment. Highlighting the various well researched articles that clearly say that H1b creates/retains jobs and the more they target H1b the more employment is affected. The real problem is outsourcing.
    I am just trying to put a thought out into the forum. Let us see what the IV leaders say. Somebody said that AILA was working to halt this process maybe we should write to them and extend our support first??


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  • waitingmygc
    01-14 12:24 PM
    First, please stop comparing companies in this thread at least because we are diverting from topic.

    I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.

    At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.

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  • ivar
    08-15 12:23 PM
    --- Deleted ---


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  • msp1976
    02-13 03:07 PM
    The 7% is a maximum.

    They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.

    What about paragraph 5 that I have posted up somewhere ???
    Does that allow the 7% limit to be exceeded or not ?

    they can't go over it; if there is more demand then supply.
    That is why we need more supply.....Once supply is more they can go over 7%...

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  • nogreencard4ever
    09-04 09:09 PM
    hey stop the nonsense. u r trying to argue with everyone. u r playing with people emotions.
    why don't u just stop the arguments over here. just leave the dead person in peace.
    if u don't like him just go and talk with someone else who also doesn't like him in ur family or with ur friends. i think u r spending too much time bashing YSR and his son.
    r u considering urself as a "SAINT" , if u r saint, u have right to talk about other persons.
    otherwise u should shut ur mouth. Its good for u and ur family. u used the word "KUKKA CHAVU" that's not at all accepted. i think u should keep ur tongue when u r using those words.


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  • vdlrao
    09-17 02:18 PM
    Hi VDLRAO,

    Couple of months back you were very optimistic about EB2 I will be current soon, what were the things influencing your thoughts.

    Do you think EB2 I, will not be crossing 2005 by September 2010 ?

    By september 2010 EB2 India will surely enters into 2006.

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  • samay
    07-14 06:33 AM
    I have a unique situation
    1. My PD is EB3 July 2004.
    2. My wife's PD is EB2 Jan 2005
    3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
    4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
    The H1 from earlier company expires in August 2008.

    Question is what are my options regarding using my I140.

    1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
    2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.

    1. No
    2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.


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  • ItIsNotFunny
    02-13 10:50 AM
    I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....

    Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.

    Be careful what you are talking on public forum.

    Please also keep in mind, some personal experience can not be generalized.

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  • mantric
    12-14 01:46 PM
    many of the immigration laws that are affecting us were put in place way before the IT boom that brought most of us here. people are right that the intention behind them is not malicious. but a law set in the 1960s may turn out to have a discriminatory effect in the 2000s. circumstances change and we live in the present not in the past.

    lazycis case was good at pointing out the key clause in the constitution that may help us. it's the due process clause in the 14th amendment, which extends not just to citizens. tion

    "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    lazycis case argument is a case from 1975 of a case for retired people over 65 who had been in the country less than 5 years, drawing state medicare benefits.

    the EB community has on other hand has a median age of 32, most have stayed here for 5-10 years at least, consists of net contributors to the US economy and has passed many educational, legal and career barriers to get here. after all this just when our careers are about to fly, many of us find our opportunities being crushed because of our nationality.

    mbartosik case argument is of prisoners in gitmo. even they could challenge the court and get something better than what they had - a military tribunal vs no tribunal earlier.

    are we pension drawing dependants of state, or criminals or prisoners to suffer silently for years and years like this at the prime of our lives ?

    is'nt the EB community being deprived of liberty ? has the EB community received due process ?

    the tipping point from influencing the lawmakers to challenging the laws in court comes when people realise that lawmakers are indifferent to their cause for whatever reason, and some way is needed to bring attention to their immediate suffering.

    before we rush to say checkmate with a particular strategy, let's understand the chessboard and the moves available on it. by knowing our rights under the constitution that's all we are doing. this knowledge may be useful in influencing the lawmakers also, in raising the caps for example to reduce the discriminatory consequences of current laws.

    agreed that we need an abundance of caution and we will most likely lose the case given we are arguing from a position of extreme weakness. yet the constitution does promise us due process as residents of this great land. let's think about that as well.

    some precedents for legal challenges to immigration laws exist on the ACLU and Rajiv Khanna websites.


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  • vroapp
    07-10 11:27 AM

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  • polapragada
    09-24 12:12 AM
    I like this idea. And will support it. ANd write the E-mail


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  • nozerd
    05-13 10:21 AM
    If the Judge things your staying out was unreasonable, PR will be cancelled and you will be asked to leave the country. If you do not leave the country voluntarily you will be deported.
    I have heard Canadian Immigration officers are best swayed with reasons that involve a child. So if you had a child either just before or after becoming PR you can give the reason that you didnt wnat to move the child so soon after its birth, you wanted continuation of the Dr etc.

    Thanks nozerd.
    Also if the judge finds it unreasonable that I stayed out of CA for more than 3 years, will I be allowed to at least live in CA for the remaining duration (time remaining out of 5 years), OR I will have to leave CA immediately once the judge does not like my reasons.

    Thanks again.

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  • samay
    07-28 09:18 PM
    Mine and my spouse I-485 has been current for over two months, We are on EB1 and our I485 receipt notice date was may 8 2007. The center is currently processing aug 2007 applications. My lawyer sent an inquiry 60 days ago and there has been no response from USCIS.

    Please advice what i could do to find out why my processing has been delayed.


    You can call the USCIS yourself or ask your attorney to do so or make an Infopass appointment to find the status of your application.

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  • agiridhar
    04-29 01:20 AM
    Indeed good for the community.
    wouldn't it be even better when investigations are carried out on the substitued cases and action be taken on employers and their law firms ?
    Wouldn't it be better to bring a law to prohibit employer's taking money from the employees to file h1's and gc's ?
    Not sure what kind of a law could police/monitor an employer taking cash from the employee ?

    Any thots ?

    07-08 08:53 AM
    I (EB3-India, PD Nov 2002) got approved last year. We were only able to file my wife;s I-484 days before my approval. We are still waiting for her GC as my PD is no longer current. Is there any way she can get her GC quickly?


    03-30 06:03 PM
    We all have different views and support different nut jobs standing in elections. The real sad part is to see some people who I dont think are really bad, openly in this discussion forum putting one community down. Supporting a arsonist, a murderer, a rapist and who has blood of 2000 innocent people on his hands as a "good" administrator is an insult to the intellegence we all claim to have. All communities/castes/religions have suffered enough in India already and not one religion or people can claim to be on morally high ground. We all have kept quiet through the darkest times in India. We should not anymore. Stop insulting the great men (Nehru, Gandhi and others) of our country. With out them and their work we all would be polishing the shoes of some firangi. We are young and we should think about pushing India forward, otherwise some of us with our twisted thinking (for sure we are all showing here) will be the next numb nuts standing in the elections in few years. Jai Hind!!!