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  • sparklinks
    09-14 07:14 PM
    Hello and Thanks for the Services... My question is.... My wife got H1 until 2010(Visa on PP too) but she is working for different Employer on EAD. Now she wants to travel to India and come back on H1, is this possible? We applied of AP, but I don't think so it will come before Nov 15th.. please advice. Thanks !!

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  • jonty_11
    06-28 12:33 PM
    "expecting retrogresson first wk of July... " ??
    I thought logiclife already clarified that can not and will not happen!!
    Thats why this thread is called " Rumour is that"

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  • poorslumdog
    05-03 01:23 AM

    This reminds me a hilarious movie Burn After Reading!
    I am almost rolling on the floor here...

    Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D

    You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about u know the meaning for that.

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  • n_2006
    06-28 10:16 AM
    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.

    Can somebody please provide some information interms of country quota? This 40000 can be used for any country? Or if India and China used their quota and still visa's left, next visa bulletin may show retrogession for India and China and current for other countries?


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  • sri1309
    09-23 05:53 PM
    I am titled towards this idea. We can say its hard to get a mortgage with the status pending..

    But nobody likes my idea ? Premium processing @$10K. I am sure there will many who would like to do it, but based on response I got, I am doubting now.. Anyone who thinks this can be proposed too?

    But pls keep calling on 5882.. I still feel there is a chance..

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  • vamsi_poondla
    02-14 12:56 PM
    Let us get started with legal opinion of Rajiv Khanna. I believe we have strong grounds for the class action law suit for past sins of USCIS - not utilizing full capacity of VISAs for GC processing. That is defintely operational inefficiency. But USCIS might claim that this may never happen again now that the name check requirement is waived off after 180 days.

    Around 80 people voted for the law suit. I am willing to contribute $10 thru Paypal on my part. Please pitch in to make it $600 for the consultation. Then one of the folks in DC can get in touch with Rajiv.

    lazycis/hopefulgc I am willing to send $10 as a token of support for your initiative. I am impressed by your confidence and conviction. Let us form a new group and we will definitely get moral support from all good IV members. Personally I dont want to be plaintiff as I have too much to loose. But I support your group. Waiting for your direction.


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  • Lasantha
    10-17 10:12 AM
    Hello everyone,

    Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.


    Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.

    And by the way, here is a great forum exclusively for Canadian immigration matters.

    You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.


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  • paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.


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  • NolaIndian32
    09-22 03:55 PM
    Hi Samay,

    I would like to maintain my current H1b status (2nd three-year extension period; I have the approval notice but the visa is not stamped in my passport). I would like to travel to India and return using the Advance Parole document with just my H1b extension approval notice (only first H1b is stamped in the passport).

    1. Can I do this?
    2. Will this change my status from H1b to AOS? When I return from my visit to India, I would like to continue working on my H1b with my current employer. I have not applied for the EAD.

    Please advise.

    Thanks so much!

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  • nixstor
    07-03 11:55 PM
    Guys, we need to help ourselves, if you are online at 9PM PST, 12AM EST on a holiday eve, then ,least u can do is add ur digg if not a comment!!

    Yeah seriously. Do you know that a lot of talk shows and their hosts have played a significant role in pulling CIR down? If they can do it, we can do it too. Go ahead and digg the stories


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  • ItIsNotFunny
    03-27 08:59 AM
    Hi All,

    I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
    1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
    2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.

    3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.

    The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem

    Any help will be greatly appreciated!


    Yes, you can move to another company with existing priority date. You still have to get LC and I-140 approved from new company but while filing 485, you can use old 140 priority date.

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  • _TrueFacts
    09-04 11:09 PM
    From TOI:

    Authored way back in 2004

    says:Mr. Iyer’s account should be an eye-opener for those who believed that the TDP lost in Andhra because its programmes had no human face. The face of YSR unmasked by the author is that of a monster and the way the man has worked his way up to become the Chief Minister shows the farcical character of Indian democracy. We wish Sonia Gandhi and Dr. Manmohan Singh spare time to go through this account to know the breed of the horses the Congress party had been backing in the electoral race. It is hard to believe that with the intelligence network at their disposal they were unaware of the criminal background of the man who succeeded Chandrababu Naidu. When we compare the two characters, one the promoter of E-governance and the other the promoter of heinous crimes and corruption we get the uneasy feeling that in India democracy is being raped rather than respected. Leave Andhra alone. Even the Lok Sabha is dominated by criminals whose only qualification is that they are not yet judicially convicted. There is Soren, the Mining Minister, charged for murdering 10 persons in 1975 awaiting to be arrested and hand-cuffed by the Police. Then, of course, we have a number of charge-sheeted under-trials set free on bail including the great Lalu who are Cabinet ministers. Obviously, under compulsion of coalition politics, Dr. Manmohas Singh has no control over these ministers. Depending on the numerical strength of their parties in the Lok Sabha, they dare come out with their own policy announcements every now and then taking the approval of the Prime Minister and the concerned Cabinet Committees for granted on the plea that their decisions were within the confines of the CMP directly or by implication. Paswan’s policy regarding control over production, pricing and distribution of steel, Lalu’s announcement to have Godhra carnage investigated again, DMK coercing the UPA Govt, to release Cavery water for Tamil Nadu, Chief Minister of Andhra (YSR) announcing 5 per cent reservation for Muslims, Chief Minister of Punjab legislating against Sutlej-Yamuna canal project are some of the examples to show that the UPA Govt. is virtually sitting on the edge. On top it, there is the Left occupying the driver’s seat commandeering the UPA Govt. We have a feeling that this Govt. is living on borrowed time and might fall sooner than later..: Sharad C. Misra.
    [20 Jul, 2004 1737hrs IST]


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  • walking_dude
    02-13 02:32 PM
    Where did I say ROW need not participate?!Instead I asked ROW members to participate more actively and become a mainstream component of the movement!

    Those ROW members who are part of the IV are supportive of removing country caps. They are satisfied with IVs stand that increase in numbers along with removal of country with benefit all - ROW, Indians, Chinese, Mexicans and Phillipinos. No EB immigrant will be left behind :-)

    I'm thankful to every active IV member - ROW, India , China, Mexico or Phillipines who has worked for IVs cause. Those few ROW members who keep harping on the split in IV over country quotas never were/are part of the IV movement (active dedicated members). They just sit on the sidelines and create rifts.

    My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.

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  • pappu
    07-03 01:05 PM


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  • ita
    04-20 02:27 PM

    Unlike here in U.S people in India don't seem to be aware of what's going on around them.
    Please do whatever you can in educating whoever you think would understand you.
    Media is not doing the job of carrying news to people , increasing awareness of people.
    It's just serving certain elements .

    Here's Modi's appeal to NRIs

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  • kumjay
    06-27 04:30 PM
    Columbus brought Rajiv Khanna and Sheela Murthy to create/interpret all the immigration rules for this new found land. When Columbus landed here, he declared all native americans as illegal premanent residents. All of them had to go through a change of status process (I-539) to become legal permament residents. Well.....native Indian did not have latestes or any pay they had to go out of the country and re-enter to claim their legal status.....that's why they moved to South Dacota. That time South Dacota wasn't a part of USA......blah blah blah...


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  • samay
    07-14 06:23 AM
    I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.

    My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.

    I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.

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  • sledge_hammer
    05-29 11:42 AM
    3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?

    I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.

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  • GCwaitforever
    06-21 04:11 PM
    The problem lies with entire GC process being Employer-centric. Employee is just a pawn in the game. Employers can do whatever they want. The market test for LCA conducted by DOL itself is so ridiculous. How would a test conducted in 2002 be any relevant for a Greencard application that would be approved six or eight years from that date?

    01-24 12:16 AM
    not just 5 years,
    make it a retrogressed date for coming out of prison for such people. They will understand what retrogression is and will wait endlesslessly for their date of freedom to become current.:)
    stay in jail forever and when the date becomes current ... go back to the home country empty handed to start all over again.

    btw, everyone filing GCs from small companies need to be very careful. Some members are asking about company A or B on the forum these days. You need to directly ask the employer all these questions before joiniing them. Sometimes even after approval of 140 or even till you get the actual GC your application can be denied for GC if:
    - The company is found to be fraud/ involved in any fruad by USCS or DOL
    - the company has excess GC applications and cannot show ability to pay (company profitability per year) for all of them. Small companies typically may be involved in wrongh tax practices by hiding their actual profits. The company may have filed several GC applications and sometimes initial applications may get approved but later can be denied. IN that case USCIS can also deny all previously approved applications.
    - The company is H1B dependent. (more H1Bs . There is a percentage defined by USCIS). Ths will raise red flags in their system.
    - The applicant is related to the owner of the company. This also can be a reason for denial and red flagging of a company for all other applicants.
    - Physical location and legitimacy of the company. In the past some applicants applied through companies in Maine even though they were not working in Maine. This was to get faster LCs before the Perm process started. Sometimes such cases also raises doubts.

    Be careful with every step you take. GC application is very important and you do not want to take such risks and regret later.

    06-12 05:11 PM
    I hear you buddy but that is what America is and that is what makes America so great. The constant flow of immigrants will always require you to keep upgrading your skills and hence your salary.

    The moment you were forced to enroll in MBA in an effort to upgrade your skills and increase your salary means American model and (comparative advantage) economics are working.

    The same thing happened in agriculture, then manufacturing, and now IT and other industries. It is inevitable!

    By the way, it is not dumping. Here is the real definition of dumping, "the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production".

    For your information, I was, am and will most likely continue to be affected by the outsourcing/offshoring/onshoring/immigration/etc.

    I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys

    1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?

    2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000

    3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.

    4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?

    For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.

    One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction

    1. Bring in low cost labor to fulfill this shortage and avoid local training costs
    2. Expand on a new idea. Green seems to be the buzzword today.

    In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.

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