Thursday, June 16, 2011

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  • GCwaitforever
    05-24 09:47 PM
    RIR EB3 India
    PD oct 28,2001
    I haven't received 45 day letter yet. My lawyer faxed twice to find out the status but no reply from PBEC. Is there any way to find out the status?Anybody here whose case is pending from 2001.

    Typically they send replies after a month or so. So please be patient and give a month or two. Then you should see some info regarding case status.

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  • bluekayal
    08-23 08:27 AM
    This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 far as I can tell...

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  • mirage
    07-05 12:38 PM
    Yes, They always do that. I did fill that form for my Senator and congressman when they did inquiry for my application in the backlog center.
    I sent faxes to my senators and congressman on 2nd july. But haven't heard back from them. When they'll reply they will send me the same form.

    I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?

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  • Hassan11
    07-20 04:03 PM
    I agree but we have to send faxes now while the bill is still HOT (even it didn't pass)

    Why can't we have a fax campaign like NumbersUSA and fax the respective senators.

    I think when it is re-introduced again we need to flood the nay/abstained senators with faxes asking them for changing the vote.



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  • transpass
    09-12 12:01 AM
    I personally think backwards running clock is the best thing to send...It hits nail on the head...The PDs are moving backward instead of forward...It is also a funny story for news media to pick up...Mass letters are also ok...

    Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...

    Just my 2cents...

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  • brav
    07-19 05:29 PM
    I think most of the guys n gals will be busy with their paper work for I-485, 765 and 131. I am guessing once the dust settles most of them will come back and contribute generously.

    I know most of you know the magnitude of impact IV has in the decision of the reversal of July 2nd update.I am in my 8th year of H1B and I wish IV has arrived 2 to 3 years back, but I am happy better late than never.

    Thank you IV and I very much appreciate you keeping the cool when people started second guessing after the AILA update that the situation is 'Fluid'.


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  • Waitingnvain
    05-04 10:21 AM
    Hey Guys:

    My PD is June 2001. I believe my attorney replied to the 45-day letter in Sep 05. Nothing has happened after that. The wait continues..

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  • add78
    07-11 01:02 PM
    Nope I dont agree. Even though theres any retrogression it would be very mild.
    I have to agree with vdlrao, what will be interesting to see is where EB2-china is when DOS bulletin comes out. My guess is that EB2-china is current along with ROW.


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  • ItIsNotFunny
    03-04 05:14 PM
    After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.

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  • jonty_11
    07-14 01:30 PM
    I know some of you must think:

    "What the heck difference is FIVE dollars going to make?????"

    Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.

    Less than the cost of a SUBWAY Sandwich LUNCH.
    Subway sandwich and that too a get going to mail those checks.


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  • abhijitp
    07-06 10:04 AM
    Hello Julia,

    Thank you very much for your excellent coverage of this issue. Tens of thousands of legal immigrants were affected by this decision, and at least hundreds of dollars wasted by every applicant. The loss of opportunity because of this abrupt door-shutting act is of course much more, but we demand that at least these monetary damages are taken note of, and paid for. Ideally, the government agencies that slammed the door on us should accept our applications, and thereby keep the promise they made to us on June 13, 2007.
    If you need more information on how this event has affected me and my fellow prospective legal immigrants, please visit, a non profit organization that is working for the rights of prospective legal immigrants to the USA.

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  • ychousa
    07-19 12:58 AM
    The following post
    dont worry, the above scenario would happen only if pd remaines current.This is highly unlikely. In the next few months PD would retrogress to for instance 2004 , then you'll get your GC first :) Cheer up buddy:)

    And this post
    So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!

    say the opposite.

    The process in the second post sounds unfair, but it seems it is true, escpecially if you check this page:


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  • sam2006
    07-14 08:19 PM
    Boa --7ybxh-zdd1f
    30$ --

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  • getgreened2010
    07-21 08:28 AM
    I got my loan approved in April 2010 from Wells Fargo, the under writer created some problems but my loan officer gave them references of prior loans getting approved for people on AOS so it worked out well in the end. I know a lot of people who's loans were approved (both conventional and FHA) and were on AOS. All the best hope everything works out well for you.

    Any one recently re-financed or obtained a mortgage loan with Bank of America or Wells Fargo. Both the banks denied loan stating not having a valid visa as a reason, though I have approved EAD with 485 pending and I-140 approved. I have contacted the customer support, since the loan was through the mortgage broker. The underwrite appears to not accept EAD as a valid status and asking to provide a copy of visa to purse further. Any one have any specific docs / links that might help other than the ones in this thread.


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  • sparky_jones
    07-11 10:53 AM
    Not to put any dampers here, but this is extremely frustrating for the EB3 India folks. I mean how freakin long do WE have to wait before we get our turn!
    I am EB3-India with PD of August 2003. I am anticipating at least another 2 years. Any forward movement in any category is good news to me.

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  • tapukakababa
    03-10 01:33 PM
    I have some questions?

    1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
    2. Can I have a second job in my wife's company and retain the original job?
    3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
    4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?


    For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.

    1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.

    2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....

    3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like .... I have used both in the past....

    4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....

    5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant

    6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...

    Hope I have been able to answer your questions....:cool:


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  • h1b_professional
    07-24 05:15 PM
    People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
    From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.

    Anyway, good luck to all

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  • himu73
    07-11 12:40 PM
    Is this the same bulletin as in uscis website. I dont see the August bulletin on Uscis website and the EB2 PD is still April 2004

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  • prashanthg
    06-23 12:41 PM
    Thanks dingdong12!

    Folks - Please continue contributing!


    08-12 02:52 PM
    My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.

    How about you? Has anyone contacted their employer already? What are they saying?

    If they ask you to illegal.

    06-02 05:24 PM
    As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.

    However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.

    In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.

    Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.

    Pl be advised to consult your immigration lawyer...

    Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.

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