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  • uffyegc
    05-20 08:25 AM
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  • casinoroyale
    07-24 11:57 AM
    Hi gps001,

    I have same question. I filed I-485+AP+EAD in July fiasco, after one year renewed I-131 (paid the fee then). I remember from that time that I do not have to pay the fee again to renew it. But in the e-file form I am not seeing option to get the waiver. Now I am doubting whether 2nd renewal is free or not?

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  • immique
    07-17 11:02 PM
    Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.

    you must know something i don't.
    aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.

    the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
    this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)

    no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!

    so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.

    where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
    did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?

    in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.

    and i see here a comment that every campaign has been bad for EB3 india.
    i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.

    you opened my eyes :-)

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  • ekkatip
    03-14 02:32 PM
    My experince in porting EB3 to EB2.

    One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
    Meanwhile he got promotion in same company. So he applied for EB2 labor.
    (If 50% of job duties change you can claim experience gained in that company.)
    He applied another labor in Eb2.
    Eb2 labor cleared from same company.
    I-140 cleared (ported old priority date.)
    Applied I-485 in early 2007.
    He got GC by end of 2007.

    My case was also similar.
    My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
    Labor and I-140 cleared in 2006.
    Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
    My Eb2 labor approved in 2007 (perm)
    I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.

    My attorney requested USCIS to port PD but no luck till now.

    I spent 7000$ for this.

    Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.


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  • willwin
    03-14 11:23 AM
    Thanks BharatPremi!

    Appreciate your response. I have couple of questions/thoughts. Your logic is based on the fact:

    1. Not MANY cases left with PD before 2003
    2. 2003 and 2005 most cases moved over to EB2
    3. In July 2007, PD moved over to June 2003

    What about cases in 2004? not many?

    And, the movement (to 2005) would happen only during last quarter of the FY when numbers overflow from other categories? Or under normal movement?

    First Bullshit Period: 2003 - Realization that EB3-I will be dead slow - Sub
    Labor black Market flourished mainly in NY, CA and TX.
    We saw a new animal "Virtual Office". Lot of ethically and
    morally(Now even legally) illegitimate transfers occured
    from EB3 to earl PD based EB2.

    Second Bullshit Period: 2005-JAN to APRIL is a key "Bullshit period" - As in
    May PERM was gonna to be released, people
    fanatically started preparations to switch over to EB2
    using PERM. So maximum fence hopping done in this
    period and continued till 2006 mid.

    Fact: In june 2007 EB3-I was already reached to June 2003 as current PD.

    So logically speaking once dates for EB3-I reaches to 2005 start mark then virtually it should not take long to reach to 2006 mid mark as EB3 numbers considerably reduced and with same amount EB2-I considerably increased so EB2- I will stuck for a very long long time once it reaches to 2005 start mark and Eb3-I will be moved with jet speed. Now we may have some EB3-I with PD before June 2003, it will surely be a stock from NC stuck - That is the only entity which you can not tag a number and hence the base of inaccurate prediction.So far so good. Considering all this I believe Eb3-I at least with PD 2004-mid should become current by the end of 2008 december.Last quarter of this year will be THE quarter for EB3-I

    Other thing is unpredictable and abrupt decisions by USCIS, just like what it did during this April - So all in all, I think it (EB3-I) should reach to 2005 mark by 2009 mid.

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  • nk2006
    02-13 12:10 PM
    Many posts on this thread suggest that there is no H1B type visa for nurses and so they have to come on only greencard; and that is why Health lobby is trying hard to GRAB 90K unused visas (note: I consider this as a grab because from skill/CIR bills; we are trying to recapture unused visas and make them available to ALL EB immigrants rather than allocating them to one special group). But according to this news item on immigration-law there seems a non-immigrant visa H1C available for nurses. Is this true? am I misreading this?

    ==========news item follows==================
    02/13/2007: DOL Announcement of Processing of H-1C Labor Attestations

    The Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 took effect December 20, 2006. The Act reauthorized the H-1C nonimmigrant nurses program, a program originally created by the Nursing Relief for Disadvantaged Areas Act of 1999. Under this program, eligible hospitals file attestations with the Department of Labor, Office of Foreign Labor Certification which, if approved, will support nonimmigrant worker petitions filed with the Department of Homeland Security, U.S. Citizenship and Immigration Services. The Department of Health and Human Services has informed the Office of Foreign Labor Certification that the same hospitals eligible for the original program continue to be eligible. These were listed in the Department of Labor's Interim Final Rule implementing its portion of the H-1C program published on August 22, 2000 (65 Fed. Reg. 51138). The Employment and Training Administration, under the authority of the new public law, is reinstating the H-1C labor attestation program and is accepting applications by qualified hospitals. Eligible hospitals should be advised that the now-expired OFLC form (ETA 9081), Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses, has not been authorized by the Office of Management and Budget (OMB) for current use. However, the OFLC will accept applications using the expired form until a new form is approved by the OMB. The attestations are made enforceable by the 2005 Act. ETA is in the process of revising the form under the OMB clearance process, and taking other appropriate regulatory action. Once approved by OMB, employers will be required to use only the new form.


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  • maverick6993
    04-27 10:16 PM
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  • akv123
    07-16 07:40 PM
    They are worse.. they do not respond quickly, never let you talk to attorneys directly.. have to go through the secretaries and to top all this they mess up the applications.. in short they suck!

    I think, many of us go to for the news and latest updates at no cost. This is the best service this firm is providing to the community. I believe, it is most reliable and up-to-date info center (I have my attorney in CA but during last 4 weeks I got answers to my questions from only!).

    Whether it is Sheela Murthy or para-legal assistance, it should not matter as long as a right response to a question is given unless someone is looking for a doctor not an attorney in firm.

    Let us hear what other thinks.

    PS: My lawyer did not do anything after 02Jul07 - no communication at all - just one song " I-485 date is not current anymore; wait until October VB".


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  • franklin
    09-27 01:46 PM
    Speed of approval is not the problem. The NUMBERS are the problem. We saw that in June when so many ppl got approved.

    To me "SKILLED & DIVERSITY" doesn�t make any sense. They should not go hand in hand.

    That is actually not true. Approval will not become quicker if speed is not improved.

    The ONLY reason there were a LOT of approvals in May through Sept was that there was a sudden jump in PDs that allowed a LOT of people whose applications had been approved pending visa availability could finally be assigned a number. USCIS didn't all of a sudden dramatically increase their productivity, there were just a lot of people waiting for that number.

    Of course, Numbers matters too - but more numbers without extra speed will get us nowhere. If that were to happen, there would just be more visas wasted each year that we'd be asking for recapture

    But I do agree that "skilled and diversity" makes no sense.

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  • Jaime
    09-20 01:24 PM
    I think bribing would mean IV paying people to come to the rally...! Here we ar eonly registering them...
    On second thoughts, we could collect $30 or so for food and bring lunch packets.. and forget the reimbursement part..!
    $30 will go towards food & water and also for organising the event!!

    You are right, but you know the media (Lou DObbs) would spin it to make it look like a bribe, even if it is not. Great idea about the lunch money!


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  • mhtanim
    09-12 07:50 PM
    After searching on google, i found almost 20 cases on first 2-3 pages itself indicating the denial notice and MTR.

    I think they are just sending denials to put us in another limbo.... Its going to be the hardest and longest 10-15 days of my life........

    Please don't get too frustrated. If they denied your application by error, they will have to approve it when you file for MTR.

    By the mean time, you may want to get in touch with a reputable lawyer who has experience in such issues. I can suggest you few if you really need one.

    Remember - if you have never been out of status, never committed a serious crime, and all your documents are in good shape, it will be hard for the USCIS to deny a MTR.

    Please PM me if you need some reputable lawyers' names.

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  • rajmehrotra
    09-12 01:06 PM
    Cute responses to serious issues from presidential candidates when they are trying to get elected should be evaluated with a few grains of salt. These are mere sound bites for general media consumption.


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  • jsb
    07-25 08:44 AM
    My wife never been to US and I am married for 2 years now. I have been filing my return as Single.

    Last week I talked to IRS and they said I can apply for her ITIN without her being present in US. The condition of visiting US applied to other dependents and not for the spouse. She has to sign my tax return though that I have to mail it to her and she will mail it back to me with her signature.

    Not sure how true is that and I don't know if I should give it a try or not.
    Yes, that is correct. In fact spouse, child or anyone else, who you are claiming as dependent needs an ITIN, it does not matter where they live, or if they ever visited US, or have any visa to visit US.

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  • Mani
    07-15 10:13 AM
    Just based on the definition given by DOL I decided Level III and Level IV to be EB2. Besides I am EB2 and my wage level is Level IV. I agree it is hard to conclude the cat based on wage level, I saw there were some Senior welders in Level III as well as Vice presidents of the companies. Quite a contradiction isn't it!!

    I think Level indicates the Step within the existing Job Title. For example, a Senior Programmer Analyst could have a level 2 or 3 but an Entry level Project Manager could have a level 1 or 2. I think one would have to use a combination of Level and SOC Code.


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  • pappu
    04-10 11:48 PM
    Thank you qasleuth. I did not even read the whole thread but this thread needs to be closed and some action needs to be taken against anti-IV elements.

    Folks, IV is a platform to come and work on the common goal. It is not a platform to come and abuse it by blaming it just because you do not have a green card till now. Come join us and help out. Be an active volunteer and work on daily basis with us to solve the problem and make IV better. We need more real workers on the ground than strategy advisers, critics and Management consultants.

    Enough said. Actions will speak louder than words and you need to get involved to tell us your ideas. If you are interested to actively participate send us an email (info at with your valid email address with your name, phone number and what you would like to do to help IV. We will welcome your active participation and assign you leadership roles if you want.

    The thread is closed.

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  • geevikram
    05-20 12:31 PM
    Thanks rayoflight. But am'I not helping myself? Please donate generously, this is your future/your child's future.


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  • kshitijnt
    05-01 07:12 PM
    Total: 9061 USD.

    Thanks lalithkx, sirinme, gc78

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  • pakrish
    06-25 06:38 PM
    Called Rep Smit and left him a voicemail.....

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  • reddymjm
    03-13 05:44 PM
    Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.

    With all these new developments I am not sure it will really move any faster. May be after october 08 we may see some considerable movement in EB3.Mine is March 03. Hope fully I will get my GC by next summer, 09 summer.

    01-13 01:07 PM
    Would the employers exempt from "Immigration and Nationality Act" in any way?

    I see so many job postings restricting with "US Citizens" only...

    Civil Rights Divison Office of Special Counsel Did You Know Page (

    Not a legal advice.

    09-04 01:19 PM
    To add to this.. Some will think that something good just going to happen since next year is election.. Not sure what makes them think that..

    Some are extremely negative-- They will say doesn't matter what you guys do,nothing will happen.

    Those with negative opinions - they do not do much in life too - most of these wake up late in morning, go to work, watch TV , lazy in weekends , play cards, chat on phone , always spend a lot of hours on the internet researching for some crappy deals on electronic goods - the time, if well spent is worth more than what they save on buying the item.

    Though it is difficult to change their attitude - it is possible, we must be persistent in our effort.

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