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  • samay
    07-30 04:22 PM

    1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?

    2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?

    3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?

    4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?

    5) Will a Infopass appointment help in anyways?

    My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.

    I am a little confused - Were two separate I-140 applications filed for you. If not why was a motion to reopen filed by your attorney if you received an approval notice. I am wondering why your attorney did not just inform the USCIS that they issued two receipts for the same case. As far as I can tell right now you should wait for the processing of your case. On another note even though your priority date is current your service center might not be processing cases with your filing date.

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  • sk2006
    08-16 04:11 PM
    Well, explain to me, if an american celebrity, such as Brad Pitt or George Clooney is detained at IGI for 66 mins, taken aside for secondary in another chamber, made to wait,

    if robert gates (defense secretary), is asked to remove his shirt

    if ex president bush or clinton is frisked for secondary, would that be acceptable to americans?

    NO. We agree on the answer atleast. Do people in India have to KNOW them?

    Question is why such things are not done in India?
    Answer is: The security system there is like Swiss cheese -- Full of holes.

    They would by pass the rules for celebrities!
    Why do you expect USA to do the same?

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  • veni001
    01-13 05:24 PM
    "Q: What happens if I am filing a petition requesting a �Continuation of previously approved employment without change� or �Change in previously approved employment� and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

    A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis."

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  • geve
    09-23 11:08 AM
    It is grat Idea. When you run an organisation, think about weather it meets our final goal or not. Do not think it is going to benfit me or not.

    Once again Great..


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  • grupak
    12-13 11:25 AM
    Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.

    Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.

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  • delax
    07-29 12:53 PM
    I agree with this comment. Starting Oct, EB2-Ind is likely to retrogress to 03/2003 to 06/2003.

    Not a legal advice.

    I doubt it. My sense is that USCIS has already processed most of EB2-I cases until early 2004 - based on approval trend seen on IV, Murthy Forum, and a ton of personal friends. If it goes back it may go back to Fall 2004 time frame.


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  • ramus
    07-03 04:52 PM
    What did you put in the subject field.. It is very important to have right words in subject field so at least they will open the email and see what's in it..

    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,


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  • ganguteli
    06-02 03:58 PM
    I am the one , who proposed this idea, and people tend to disagree.
    I am again saying , the only solution is a lawsuit.

    I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.


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  • bayarea07
    07-21 10:40 PM
    Another thing i found out about these amway guys is they lie about
    credentials of their upsells and about themselves just to show them as superior and successful in life, i know few friends of mine who though a big failure in the technical job they do (one has been kicked out of the job because he did not knew his work) but he keeps posting patents on free internet sites and writes technical blogs (most of them copied from different internet sites) just to show his downlines how bigshot he is.
    Complete wastage of time and money, do it if you want to alienate all your existing friends and family and if you did decide to join , be ready to be brainwashed by the new friends and group that you are going to have by making everybody else beside that group as a loser.

    By the Way when they introduce you to their boss ,their boss usually shows you a real check of 8-9K, is it usually a fake check given to them as part of the kit

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  • gcisadawg
    03-28 12:54 AM
    Love to see narendra modi as PM but I know that's far from happening. I would bet on LK for now.

    Looks like Modi has given LS tickets to four criminals whom he put in jail during his first term in office.....


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  • indyanguy
    07-03 10:43 AM
    My case details:

    Visa on the passport up until Feb 2009
    6 year term ending on Feb 2010
    Date on I94 in passport is Feb 2010

    I140/I485 concurrently applied on July 07

    Currently have EB3 I-140 filed based on Substitute Labor at NSC.

    Questions -
    1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
    2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
    3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?

    Thanks in advance

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  • sanju
    02-15 11:29 AM
    This country is against slavery of mankind in any form ( atleast that is what they preach to the rest of the world).

    Your above statement is true, but it doesn't apply to EB situation. A slave is not allowed to leave, you are allowed to leave time, at your free will. Its just that you chose not to leave. The correct description of the situation is - you are imposing slavery upon yourself and asking for remedy from the government. Isn't that correct? Jazzy is simply saying that you can leave if you don't like it. So you are not a slave. Its that simple.

    Knowingly or unknowingly they have setup laws which virtually make us slaves.

    Laws are pretty clear, its just that we are stuck in the process created by those laws and we want to call it "slavery".

    This debate will have a conclusive output if we think from our mind instead from our heart. No point in getting emotional about the situation, this debate needs pragmatic thinking and discussion about the possible lawsuit.

    Slavery is not a valid argument so no point in mentioning it. Also, whether of not we have a cause depends on the law and not on the logic or the emotional aspect of the debate.


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  • saimrathi
    07-11 11:33 AM
    Very well written...

    The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!

    Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?

    The index takes into account, cost of living, earnings capacity, safety, etc.

    Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.

    Cost of living is actually far below that in places like NY and California.

    Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.

    Education is infinitely better. US Public schools are atrocious.

    Yes, taxes are higher. How do you think these things are paid for?

    As for the weather, well duh! :)

    Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!

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  • illusions
    02-13 09:02 AM

    Well this is good news, at least there is a debate. Hopefully USCIS will go ahead without waiting for the FBI and go ahead and process the case, and not wait for the FBI.

    Or at least they will hire more resources to speed things up... i'm hoping for the latter.


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  • mrdelhiite
    07-08 08:54 PM
    My question: I came to us on F1 Visa. I do not have my last name in my passport. Yes it is true ..stupid passport department missed it as they write names with hand ... passport was made when I was in high school…9th grade to be precise. I never got it corrected and came to us …visa was issued to me using FNU firstname format. When I applied for I-20 SSN, and everything in US after that I added my last name (my actual family name which got missed in passport) as us system does not allow blank last name. Note that my passport last page correctly shows my fathers and mothers last name which I have added on all my us documents like SSN, DL, … now I have been in us from past 5 years with all ( and I actually mean all) my us docs like H1, SSN, I-20, License, 495 application etc in firstname lastname format. ….. the only 2 things which are not in my first name last name format is
    1) visa which is FNU Firstname ( FNU = First name used)
    2) My passport which has just my first name and no last name

    one of my good friend got a 485 query as his first, middle and last name are mixed up with respect to his passport and 485 application. Which I feel is a much simpler case as compared to mine.

    Now my question is should I go ahead and change my name in my passport which is nothing but add my last name and get a new passport preemptively…or I should wait for USCIS decision .. Usually RFE is given 30 – 40 days to reply and I don’t think I will have time to get my passport fixed if and when RFE comes on my 485 .. the only issue I have with preemptive fixing name is sometime it is just better not to add complication to a case when it comes to USCIS …. A lawyer’s opinion is much needed and appreciated.

    Thanks for your help

    PS: my priority is Feb 2007 EB3

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  • h1techSlave
    09-23 03:32 PM
    No matter what the incremental benefit is, I think its blatantly unfair (like it was blatantly unfair to push some people to labor backlog centers and approving people with later PDs first) to change the rules of engagement and prioritization midway through the process and give preference to someone based on an ability to invest certain $$s in an house.......buying a house is a commercial and lifestyle decision........should not be a precursor to a USCIS adjudication.......

    Actually you are right that such a proposal is not fair. But putting country quota is also not fair, when we are talking about EB GCs. And like you said, BECs were also not fair. So the whole EB thingie is pretty badly messed up. We are suggesting the Congress a way (an unfair way) to get out of this mess.


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  • samay
    07-14 06:43 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?


    Sorry she will have to wait for the your PD to get current.

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  • onemoredesi
    05-15 08:38 PM
    Hello Friends and my fellow GC awaiters..
    I have my labor pending for the past 3 yrs (my PD is Aug 2003) and have been waiting for ever. Inspite having a Master's I did filee in EB3 just because I work for a large company which does not allow to file in EB2.

    Anyways, I came across a company who said that they have a pre approved labor (late 2002) priority date. Is it wise to go for it or wait for something in EB category to move ahead?. I have at least 1 yr 3 months on H1 and will not have any other options except to stay in the company after 3 months.
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    Pls let me know your opinion.
    Thx a lot guys.

    Hope is a good thing, maybe the best of things. And no good thing ever dies
    1MoreDesi !

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  • villamonte6100
    12-14 01:03 PM
    --Although I agree with what you said in earlier post (I had to debate with someone who thinks otherwise), I find this post in poor taste.

    Please guild your temper while expressing yourself and refrain from bursting out. Looks bad to the outsiders if they visit these forums.

    Ofcourse, humor is always welcome.

    Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.

    Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.

    Please don't be upset.

    06-16 02:15 PM
    I agree with you. This guy applied his GC in 2001 and got it in 2003. In just 2 years. He made a stupid decision to leave MSFT and then lost 3 jobs in a short span. He is some nut mental case who is happy seeing others getting screwed. Maybe he works his way up by pushing others down.

    I dont understand as to why you are so enamoured about MSFT ? Is leaving MSFT a stupid decision ? Why do you jump to conclusions in a public forum without understanding the facts behind a decision ? Let me give you some facts about MSFT and my decision to leave. Draw your conclusions accordingly. As a techie, atleast then, MSFT was among the top notch companies to work for. The work was satisfying and not to mention the pay was rewarding too (atleast in 1994). Back then MSFT's core cash cow products were MS Office and Windows. That is the case even today. MS Office's 2000 release and Windows NT releases were path breakers. In my opinion, if you are in any group other than these 2 groups within MSFT, I dont think the work is truly satisfying. If your concern is a stable paycheck then ignore my opinion.

    Back in late 2000, the labor queue in WA, CA, NY and TX states was way too huge and the processing times were long. I surveyed the land for labor certification times and chose to move to MN or IA inorder to get thru this process faster. I chose a dot com company in MN and my labor and I140 flew fast before the 9/11 disaster struck. Oh BTW I was millionaire "on paper" for about 28 days :-). You may think that I went thru the entire GC for just 2 years. You need to check with people who had been GC during that time of the times we were in. In those days, in the immediate aftermath of 9/11, every immigrant in the midwest was scorned with hatred. Google immigrant tales and you will know. I had planned hard, gave up a stable paycheck and went thru 3 layoffs to get my GC. I believe that the long queues atleast in labor and I140 are due to a large number of people applying from NY and CA. I hope you would realize that people think through issues before making decisions. If you have not done the same dont scoff at people who do so.

    One last tid bit - MSFT is not the greatest of organizations that you think it is. As I said, if a stable paycheck is all you care for then you are right. If you are looking for real exciting action on the prfessional front, just in my humble opinion, think Hedge funds.

    09-23 03:26 PM
    aps, I can see your apprehension.

    I already have a house here and am not planning to buy another by putting 20% down payment. But I support this idea, because, it might take away a couple of 100 people from the queue.

    Plus, such a letter is indicating to the Congress that we are ready to give the country a helping hand when she needs our help the most.

    I hope you would reconsider your position.

    IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.

    Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.


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