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  • mpadapa
    08-05 10:39 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??

    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.

    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.


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  • sk2006
    06-23 10:58 PM
    Also the condos in cupertino & townhomes are like 3 storied, you spend a lot of life on staircase instead of enjoying the comfort.


    A realtor showed me a 3 story town house. It looked like 'Kutub-Minar'.
    When I pondered that it would be hard for my aged parents to manage so many stairs every day, the realtor suggested me to have an elevator in side the house.. and she was serious.

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  • DallasBlue
    07-10 01:37 AM
    simply amazing !! you owe a big one to yourself for getting through this though situation by knowing the laws and without wilting.

    HATS OFF!!!!!

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).


    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.


    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.

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  • conchshell
    08-06 10:09 AM
    All monkeys also interfiled and became lions.

    This is too funny ... monkeys interfiling and becoming Lions :D:D


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  • SunnySurya
    12-18 10:22 AM
    Nobody went to Mohammed Atta's house to destoy his building. They were the ones who crashed into the world tower.
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.

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  • desi3933
    08-06 10:47 AM
    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.


    Just FYI..

    One can NOT claim PD recapture based on spouse's earlier PD.

    Person can claim earlier PD only based on his/her earlier approved I-140.

    US Permanent Resident since 2002


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  • senthil1
    04-06 09:50 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.

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  • logiclife
    11-21 05:44 PM
    Lou Dobbs gets his ratings based on how much angry he can get people.

    Same goes for Rush Limbaugh and Bill O'Reilly.

    The easiest way to get good ratings and viewership of your program on radio or TV, if you dont have substance and if you dont want to work hard, is to make people angry.

    Angry listeners are regular listeners and motivated listeners. Also, a lot more emotional and a lot less objective.

    They all know they are talking garbage. Take Bill O'Reilly's "War on Christmas" for example. Does it really matter if walmart hangs a sign that says "Happy Holidays" instead of "Merry Christmas". Does it feed the hungry homeless people? Does to stop Genocide in Darfur. NO.

    But it can make some people angry, which gets good ratings and 90% of broadcast media are ratings pimps. All they care about is viewership and ratings and they dont themselves believe in the nonsense they utter into the microphones.


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  • akred
    04-07 03:09 PM
    Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.

    For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.

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  • gapala
    12-19 07:59 PM
    Funny to see red with comments.. and claims :)

    "Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being." being an atheist gave me that and much more so quit hatin

    I really doubt your claim :) Otherwise you would not comment anonymously. :) You would rather post a reply instead.

    More over I did not say that you would not get those values being an atheist or what ever you call yourself. To me that is just the way few folks live, think and believe :) they call themself "Atheist" instead of hindu or a christian or a muslim or buddist. ...there are around 40 organized ways people live on this planet earth recognized as "religion".

    Atheism, as an explicit position, can be either the affirmation of the nonexistence of gods or the rejection of theism. It is also defined more broadly as an absence of belief in deities, or nontheism.

    You seems to be confused between "Religion" and Theism :D :D :D What can I tell ya?

    Another dumb guy :D:D:D

    Take a science class. Read Kant's philosophy

    Dude, who ever you are, Immanuel Kant was engaged in arguments all along his life on the existence of God, the attributes of God, the immortality of the soul, the problem of evil, and the relationship of moral principles to religious belief and practice. He came up with his own Pilosophy for the role of religion in the dynamics of human culture and history.

    Kantism is not in those 40 recognized religion that I mentioned above. There are many more like Kant in this world who live their life in their own way with what ever way they think and believe. Kant did not succeed after all that effort.. he was more confused. See the accounts below.

    Walsh see Kant as thoroughly hostile to religion in general and Christianity in particular.

    Other interpreters see Kant as trying to mark off a defensible rational core of Christian belief, but offer differing judgements about the success of his efforts.

    Michalson evaluate these efforts as self-defeating, paving the way for a more radical denial of God such as Nietzsche's.

    Collins and Wood see Kant articulating an account of the dynamics linking morality and religious belief that has positive value for a believer's reflective appropriation and practice of faith.

    Kant lived a different life as you can see from all the accounts above. What is so scientific about Kant? Just curious, do you follow Kantism? You were very particular about that :):D:D:D

    Yet another confused guy.:)


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  • Macaca
    03-06 09:01 PM
    Employment Authorization ( D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
    Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? ( by Michael F. Hammond and
    Damaris Del Valle
    H-1B visa -- From Wikipedia (
    Questions & Answers from CIS Ombudsman's Teleconference (
    I-485 Standard Operating Procedure (

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  • Marphad
    12-27 08:44 AM
    I agree with you to a great extent. The Pakistani society is fractured right now, and there is nothing to unite the country than a conflict with India.

    Where I disagree with you is when you think that this is the calculus of the Pakistan army. I think the senior army (and civilian) leadership in Pakistan knows the Kargil episode too well. Kargil is fresh in their memories, and they know that a conflict with India is not worth the costs. Plus, if we are to assume that the Pakistan army was behind the 2001 Parliament attack, then again we know that the Pakistan army had to back down that time too....So, unless the Pakistan army is run by Beavis and Butthead who repeatedly touch a hot object and go 'ouch...ouch....ouch...ouch...ouch...', there is no reason for them to do this.....

    So I think, that its the militant elements that are being squeezed by the Pakistan army and NATO, and not the the Pakistan army, that pulled this off.
    (I must also add that I have a bias to believe that; thats just natural.) Everytime we see Indian and Pakistani relations improving, something blows up somewhere, and things are back to square one.

    I wonder if you attribute any of that to the media coverage of the event. Especially the 'live tv' aspect of it.
    I don't think a bomb blast with the same number of casualties would have had this much impact.
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    Alisa, you sound like rational Pakistani who can think and judge the things by oneself. I wish % like you people increase in Pakistan.


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  • pthoko
    07-11 02:39 PM
    Hi UN, Please take a look when u get a chance

    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??


    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??


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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?


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  • puddonhead
    06-07 06:22 PM
    I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
    due to our status (or rather...lack of status).

    We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
    to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
    new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
    80k down the hole.

    Personally I would wait till 2012 beginning to consider getting into Cali, Las Vegas, Florida markets. The neg-am/interest-only bubble (BusinessWeek Article ( is just beginning to burst with their interest rates resetting, and wont peak until late 2011. This bubble is just as big as the sub-prime one (in terms of dollar value - around USD 0.5 - 1.5 Trillion) and will probably have much higher default rate (north of 50% by all estimates I have seen so far). These loans were originated to make the high priced homes in these area affordable. So it will hit the middle class to aspirational neighborhoods the most - unlike the sub-primes, which mostly hit the lower income areas.

    I don't mean to sound disheartening - just want to provide info and interpretation as I see it so that people can avoid getting into this trap.

    Personally, I am also surprised/uncomfortable that the prices in the NY Metro Area has not come down so much even though all the indicators (rent/price ratio, affordability) are way off base and getting worse with rents heading south. I don't know how these ratios will correct themselves (the neg-am mess is unlikely to hit this area too much) - but my intuition tells me that it has to. If anybody more knowledgeable can add more insights then that will be great.

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  • rsdang
    08-11 04:54 PM
    A man was on the water for his weekly fishing trip. He began his day with an 8-pound trout on the first cast and a 7-pounder on the second

    On the third cast he had just caught his first ever trout over 10 pounds when his cell phone rang.

    It was a doctor notifying him that his wife had just been in a terrible accident and was in critical condition and in the ICU. The man told the doctor to inform his wife where he was and that he'd be there as soon as possible. As he hung up he realized he was leaving what was shaping up to be his best day ever on the water.

    He decided to get in a couple of more casts before heading to the hospital. He ended up fishing the re! st of the morning, finishing his trip with a stringer like he'd never seen, with 3 trout over 10 pounds.

    He was jubilant .

    Then he remembered his wife. Feeling guilty, he dashed to the hospital.
    H e saw the doctor in the corridor and asked about his wife's condition.

    The doctor glared at him and shouted, "You went ahead and finished your fishing trip didn't you! I hope you're proud of yourself! While you were out for the past four hours enjoying yourself on the pond, your wife has been languishing in the ICU! It's just as well you went ahead and finished, because it will be more than likely the last fishing trip you ever take!"

    "For the rest of her life she will require 'round the clock care. And you'll be her care giver forever!"

    The man was feeling so guilty he broke ! down and sobbed.

    The doctor then chuckled and said, "I'm just messing with you. She's dead. What'd you catch?"


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  • immique
    07-14 01:48 AM
    well said. people should realize that EB visa system is based on principles that are thought to benefit US. retrogressed EB2 categories cannot whine about EB1 saying that EB2 should be current also. personally I know many Physicians who have applied in EB2 and have been waiting for years even though many of them qualify for EB1. In the same manner EB3 cannot complain about EB2 saying that spill over should go to EB3 when EB2 is itself retrogressed. remember that the directive for the correct interpretation of the law came from Congress itself. This has actually revealed that EB2 was unfairly disadvantaged last year when all the spillovers got passed to EB3 while EB2 was unavailable. They may even consider to compensate retrogressed categories in EB2 with all those Visa numbers that were improperly given to EB3 ROW by giving EB3 ROW visas to EB2 retrogressed categories from this years and next years quota. I totally understand the plight of EB3 I and agree that there needs to be a solution for this. But complaining to State Department or USCIS will not change a thing as they are only there to follow the laws and not make any changes to the existing laws. campaign from the whole EB community has not produced much result this year to eliminate retrogression. I don't think campaign by one category (EB3) from just one country (India) is going to achieve the result by this letter campaign. rather, the efforts should be concentrated in ending retrogression for all the categories through effective legislation and can only be achieved by cooperation between all the categories.

    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

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  • anai
    12-24 11:14 AM
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.

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  • gc_in_30_yrs
    01-29 09:48 PM
    Here is a link to a Video report from CNN's program Lou Dobbs tonight regarding USCIS incorrect approval of H1-B petitions beyond the 65,000 yearly limit.


    i think these numbers include H1B transfers from one company to other, and H1B extensions beyond first 3 years term or the further extentions based on labor pending, I-140 cleared etc. etc.

    This guy looks genuine in what he believes, but he is missing the important piece of information. American people are not dumb as they look, they have little brians to understand. USCIS obviously can not approve more than 85K of applications.

    Ofcourse even though it is said Visas Issued (i.e., permanent residence) but in the video they were showing H1B applications :)

    in any case, we should ignore this guy as a whole.

    Next thing, we should never spend lots of time or create any further threads. It gives them courage if we spend time on their issues.

    03-23 11:54 AM
    it would be interesting to see if you would really get an email from them and if that is really from USCIS.

    07-14 09:51 AM
    I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.