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  • jayleno
    07-07 09:58 AM
    Thanks for the update. Cangratulations once again. Genius lawyer indeed. Enjoy your freedom.

    As I promised earlier I would keep you guys updated on the process of this case.

    On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.

    Heres the story. (this guy is a genius)
    I asked him how it was possible when my PD wasn't current I got GC approval.
    His answer was funny and pleasant. Magic :D

    He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.

    Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...

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  • ameryki
    07-16 10:22 PM
    Does anyone has any info about danalaw in CA

    I had approached her office long time ago and to be honest didn't think they were as knowledgeable as i would expect....thoughts on krupin obrien anyone?

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  • go_guy123
    08-09 12:25 PM
    I have never lived in Canada but married to a Canadian citizen so I am writing this with her help and with my limited knowledge. I don't think 50K per year is enough, you may survive but living standard won't be as good, say, compared to Texas (if you are in CA then its different comparison). You pay more taxes, high insurance premiums, clothes are expensive etc. everything is higher. As per my bro-in-law, the sale price of houses in Houston is less that the cost of building house in Toronto (he is a financial consultant in Toronto). I heard socially Canada is better than US and have nicer people.

    Heath care is free (not dental, vision etc.) but you eventually pay more taxes for that so if you are planning to bring your parents this could be good but for healthy young family basically you pay more taxes for health of others. Health care can be compared to US but not as good because there is cap on doctor's income (300K??) and many good doctors move to US.

    TN is definitely good and hopefully it will remain for Canadian citizens and can be renewed with no cap for maximum years but but your dependents can not work with your TN visa.

    I, myself, have applied for Canadian PR and should get it soon but that's just as stand by and won't move there unless I have to.

    Yes what you are saying is true. I am not denying that but how long can you stay on
    H1B is the question. But yes I also started with 50k but I am moving up. IT salaries are higher. I know banks paying 70K and going even more above 80K. You can also work as independent contractor type unlike H1B. No middle men inbetween and all expenses before tax.
    Yes ofcourse US is a far bigger economy. But I was born in India, what can I do. Within my contraints I am looking for best possibility.
    When I feel down/upset I look at this video and I feel far better and motivated:

    Since your wife is Canadian citizen, basically your downside risk in US is hedged. If things don't work out you can quickly move to Canada. But for others with Indian passport
    it is not so. Like I said before I am not against working in US under TN1 or H1B. Just that
    I am willing to work under desperate body shopper slave like conditions. If I get position under direct client in H1B its fine with me. In fact when your company knows that you are not that desperate they also treat you differently. Is your wife also born in Canada, if so then it is even beter, you are out of the EB-I trap. You should definiately look for US options.

    Long back when we were working under H1B/OPT for a company in US, there was the annual bonus/promotion announcement. And I saw that none (except 1) of the H1Bs got a promotion. Just one H1B got promotion and that person had recent married a US citizen. Basically the company knew that its leverage over him is gone and in order to retain him they need to promote him. It is all a zero sum game my friend.

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  • reedandbamboo
    05-01 08:52 PM
    $100 contribution.

    Receipt ID: 0PE86120MN332100Y

    India EB2
    PD March 2005
    I-140 approved
    I-485 pending
    Total contributions: $300


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  • thomachan72
    06-09 02:51 PM
    Because most of the people here have smoked a weed called CIR and are halucinating. This bill is digging our grave, people wake up and stop day dreaming, please start opposing this bill no cir period.
    Now Pitha, imagining you are fighting an oponent more powerful than you, when will you try to throw some blows? when the oponent is down on the ground crying for help, right? when somebody else has brought it down. Thats just what has heppened to the CIR, we all hated this in the form it was presented and now the big bully is down, face in mud. Now the core / our members should get on top and give as many blows as possible so that when it rises again it has a better face.

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  • reachinus
    07-20 11:25 AM
    1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.

    Here are my questions.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.

    4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.

    Thanks in advance.

    Here are my answers, may be wrong use it at your own risk.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
    No u cannot. Since u said the valid date is from Nov 07.

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
    U have to leave the country and re-enter agin so that u will get a new I-94.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
    I don't think its possible, may be worng.

    4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
    Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.


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  • jayleno
    06-05 08:49 AM
    I left it empty last time. It was approved. The only question I answered in Part 7 was "how many trips do you intend to use...".....I said multiple.

    still waiting for an answer to my earlier qn...anybody else in same boat with an answer.?

    ************************************************** *****
    when 485 pending pple r requesting AP to travel out and return back.

    the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
    in part 7 of the application --> can it be left empty???

    since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
    ************************************************** *****


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  • dagabaaj
    09-25 02:13 PM
    My company started the PERM process for me about 2.5 months ago. I contacted Fragomen about 1.5 months after approvals within the company and they said they are working on establishing min requirements for the position. I then contacted them 3 weeks after that day and they said they have established the requirement and will request the DOL for prevailing wage info (this was 2 weeks ago). After which they are going to start the recruitment process. So I'm not sure if the time line is okay or should I be chasing them more frequently? Please advise.


    Please establish a relationship with with your HR / Legal. Contact them often to check on the progress. Also most Law firms prefer to repond to HR and Leagl since this will keep the number questions to min. You should keep the communication going and keep checking on every step. You have the benefit of so many IV memebrs who can help. Join the local State Chapter and there you will meet people who can provide sound advice.


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  • snathan
    08-20 08:48 PM
    I would be really surprised if they are not rude and customer friendly. Its the curse of Indian Govt employe's attitude. No matter where they go...they can not change. Most of the time their service is pathetic,rude and unfriendly. Unfortunately they are representing india to all over the world.

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  • cagedcactus
    10-15 07:06 AM
    The information, and guideline we got from you is going to help us a lot pappu... also many thanks to other chapter leaders who took time out and helped us learn the process.
    Lets get going friends here at Michigan.....
    we must fight this monster..... we must fight for our rights, and what is fair....
    we must fight for our families and friends.....

    Concentrate on the topics you want to discuss on, and bring more friends to the 20th meeting.....


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  • hopefulgc
    03-05 01:37 PM
    If it is an IBM 3270, 5250, etc mainframe it still wouldn't take that long.
    Let me take it a step further.
    If the information is stored as a segregated flat file, it won't take that long.
    One could just proxy a perl/java gateway and write a script to parse data.

    Who does it.. makes all the difference.

    Those of you who are thinking that you can write a SQL query in a snap, you are egregiously mistaken.

    The CLAIMS database, which contains the AOS/485 petitions is neither a SQL database nor a modern CRM application. AFAIK, It is a legacy Mainframe system and needs significant effort and rare expertise to extract the data.

    Ideally, The Country of Chargeability should be in there. But these systems were built around 92 or before and the requirements gathering probably might not have thought about retrogression or carelessly left it out. What ever it is, it is not in the electronic format, it is almost impossible to get the biographic information unless a physical check is conducted. We can cringe and cry all we want, but not a lot is going to happen on the CC

    The good side of the issue is, Since EB-3 ROW is beyond 2004 and we have per country PERM data (not completely accurate, but significant), our statisticians and operations research folks will break down both data and get some thing that is valuable and accurate above 90%. We can safely assume that more than 90% EB-3 Pending before 2005 belong to I, C & M.

    What bothers me is the requirement of the definition of Priority Date? You would expect some one in the CIS/NRC to know what a priority date is. Don't ya? Any ways, We are working with members who received the response to get a better answer from CIS to determine further action.

    Stay tuned and we will let you know.

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  • rambo45
    07-02 04:04 PM
    I understand, that the rude part maybe new, but so was the aide's reponse to call our local Congressman. Hence was getting a bit hopeful that the Congressman may have made up his mind in the affirmative for these bills.

    I guess we would just have to wait!


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  • gcnotfiledyet
    06-12 03:20 PM
    Pressure from airlines to keep schedule and minimize fuel expense in the form of performance review/rewards/bonuses. Strong captains can resists but the pressure is constant. Not much unlike Health care companies that reward primary physicians that give minimal referrals to specialists. Such doctors are rewarded with free lavish vacation.

    And then complain about lawsuits waiting on their door after their return from vacation.
    I doubt what you are saying is true in US. Lawyers are waiting such things to happen and screw the hell out of doctors for malpractice/fraud.

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  • vdlrao
    07-15 11:10 PM
    There are some significant flaws in your analysis. If you correct them, the number comes to around 25K.

    First. The family spill over has to be applied to all categories. So the total number is 140,000 + 19,000.
    Second. You calculated EB1/2/3 gets 1/3 which is not correct. They use only 28.6% not 33.3% This makes difference.
    Third. The EB1+EB2 combined 70K already counted 9,800 visas for India. We should not add them again.

    According to USCIS/DOS testimonies they will usually end up using only 95% of total quota. They go conservatively because they must ensure that they won't use up even a single visa more than what law allows.So total available is approximately 159000*.95 = 151050
    Third. EB1, EB2, EB3 each will get 28.6%. Not one third (33.3%). That makes lot of difference. So each category will get around 43,200.
    EB4 and EB5 combined will get around 21,449

    Now again, going by statistics and your assumptions that EB1 and EB2 takes up 70K and EB4, EB5 takes up around 10K. The unused visas are

    ((43,200*2)+21,449) - (70,000+10000) = 27849.

    So the total EB2 visa usage will be around 70K + 25K =95K.

    Based on your calculation its 27849 additional visas + 1/3 of 9,800 (=3,266) = 31115 for EB2 India for 2008 fiscal year and the coming years ahead.

    So this is almost 10 times more visas for EB2 India. So EB2 is going to be fixed for the time being.


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  • spdy_mn
    05-30 07:03 PM
    I wonder at what point of time this "three years of U.S. work experience" applies from. Is it that you should have 3 yrs exp when you applied for labor or is it when you apply for 485??

    If you have an approved visa (I-140) and 3 years exp then you can apply for adjustment of status (I-145) . Because of the virtue of your 3 years of US work exp you are exempt from the availability of visa numbers (quota). Labor doesnt come into play here, you still have to have an approved I-140.

    This is my understanding and I don't think this amendment will see the daylight.

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  • smuggymba
    03-28 01:47 PM
    my friedn ask me go iv site i come site and see spillover give my family gc soon this consufion what happenning

    me laughing so much after reading this you made my day keep posting my friend.


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  • sonia_sd
    08-05 04:41 PM
    Going back to India is not a bad option at all, but it is really subjective to each individuals about what gain we are going to get out of gaining GC or citizenship from US or Canada like settling down in these countries for good or moving back to country of origin later. In my opinion gaining citizenship from US or Canada before going back to India will be always advantageous, one future perspective these countries have bilateral agreements with other developed nations where you can travel without visa for business trip or for even jobs where you're treated differently as against India citizens(Asian origins doctors who work in UK know this difference). Its a known fact that the pay structure in Gulf countries are different based on the citizenship.

    My 2 cents


    Country of origin: India
    GC Status : Approved in 2008


    Appreciate your realastic advise, I believe its worth one dies in canada for citizenship. I would say CANADA is a great nation and citizenship is widely respected, on top of everything you are widely allowed to any country.


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    06-23 06:18 PM

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  • GCBy3000
    02-13 11:49 AM
    By Katherine Ling from

    Medill News Service

    WASHINGTON -- Greeley Mayor Tom Selders wants to know when Congress is going to address immigration reform.

    It's a simple question, but the answer is as elusive as the proverbial dog's tail -- a dizzying chase of vague answers and insufficient information.

    "It seems to me like people are talking about immigration issues all over the country," Selders said. "I think that it is really sad that the government can't put a priority on it."

    The latest source of Selders' frustration was a meeting of business and community leaders in late January with Sen. Wayne Allard, R-Colo.

    "We were disappointed with Allard's response," Selders said.

    Sean Conway, Allard's chief of staff, said Allard never promised to bring up immigration at this particular delegation meeting.

    "What he talked about was that he would be glad, as the process began to move forward and as concerns were brought forth, to pass those concerns on" to the delegation, Conway said.

    Conway said Allard would very much like to see the issue brought up in the Senate, but that as far as he knew, it was not at the top of the Democratic agenda. "This is an issue (Allard) very much wants to be involved with and has been involved with," Conway said.

    But Sen. Ken Salazar, D-Colo., said immigration was a major issue that would be addressed this year, maybe as early as March.

    "I think it is just a matter of time as to when we are able to get to it and I hope it is sooner than later," he said. Salazar is working with the Senate leadership on the immigration legislation, which will be sponsored by Sen. Ted Kennedy, D-Mass., and Majority Leader Sen. Harry Reid, D-Nev.

    But for Selders, soon is not quick enough.

    "We have frustration here. We see a lot issues and turmoil and some very nasty comments," he said. "(City officials) have all taken oaths of allegiance we will enforce the laws of this land and the frustration is that we lack the resources to do that. The laws are unclear and we lack jurisdiction."

    Immigration's National Outlook: Cloudy

    Outside of the Colorado delegation, consensus and clarity on when the immigration will receive top billing by Congress is not much better.

    Congress, under Democratic control, is actually in tune with President Bush on immigration for the first time in years. Despite this, few observers believe that a comprehensive immigration bill will pass this year.

    One of the few is Bob Dane, press secretary for the Federation for American Immigration Reform, who said President Bush and the Democrats were "locked and loaded" to pass immigration reform that included a guest worker program, or "amnesty."

    "I don't see how immigration can be an issue leading up to the 2008 election," he said. "It's such a volatile issue. We are guessing that they want to get it done before the election."

    But John Keeley, director of communications for the Center for Immigration Studies, a think-tank that researches immigration, was not certain. He said many of the freshman democrats, known as "Blue Dogs," who gave the Democrats the majority, were elected on immigration platforms that were against a guest worker program, favored by Bush and the Democratic leadership of Congress.

    "On the horizon of the 2008 general election we tend to think that it is not likely we will see significant legislation," as opposed to last year, he said.

    Keeley said instead of landmark legislation, lawmakers will try to pass bills or amendments that only address small pieces of the issue.

    That process has already begun. A bill was introduced in the Senate that would set up a guest worker program just for agriculture workers. In addition, a provision has been attached to minimum wage legislation that would withhold federal contracts from any company found hiring illegal immigrants.

    But the Democratic leadership is hoping to have a comprehensive immigration bill on President Bush's desk by the end of the year.

    Laura Capps, a spokeswoman for Sen. Ted Kennedy, D-Mass., said the senator, who is the Senate subcommittee chair on immigration, border security and citizenship, was hoping to have the Senate bill introduced in late February or early March. Capps did not know of an exact date yet.

    The real fight is expected in the House, not the Senate, which passed bipartisan legislation last session. The Republican House leadership was uninterested in the guest worker program, however, and only discussed the border enforcement aspect --the so-called 700-mile border fence.

    Rep. Zoe Lofgren, D-Calif., the chairwoman of the House subcommittee on immigration, border security and claims, plans to begin the committee process "promptly." But her spokeswoman, Kyra Jennings, said no date has been set to begin consideration of an actual bill.


    570 bills concerning immigrants were introduced in state legislatures.

    90 bills and resolutions passed the state legislatures

    84 of those were signed into law, more than double the amount of 2005

    32 states enacted laws, including Colorado

    Most states focused on education, employment, identification and driver's licenses, law enforcement, legal services, public benefits, trafficking and voting procedures.

    Data provided by the National Conference of State Legislatures

    pls post contact of the reporter or newspaper with your news link

    03-05 01:30 PM

    If the EB system is categorized by country quota, what is what would be the apparent use of capturing data without the unlerlying country of origin of the applicant?
    If the data is truly not available, what system are they using to anticipate demand and inform the DOS?

    Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.

    They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.

    Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.

    04-26 12:38 AM
    Stay Tuned

    Are you guys going to set up Web Fax to send support letters to our senators / congressmen? I mean how close are we to the point where this bill is up for debate?

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