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  • The7zen
    01-22 12:38 PM
    No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.

    Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.

    We always pay in some form for any happiness we seek.

    Well said.

    My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)

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  • nonimmi
    03-07 04:11 PM
    If AOS takes 3-4 years (read long time) USCIS will issue RFE (for EVL) anyway to re-confirm job offer - even if we dont use AC21 and change employer. That is standard procedure. So sending them employer change notification is not going to help us anyway. And if we change job multiple time during this 3-4 years sending them letters everytime may cause more RFE. But it is always better to have EVL with us if we change employer using AC21 and send them when asked.

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  • we_can
    12-27 12:32 PM
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  • Legal_In_A_Limbo
    03-14 05:51 PM
    Thanks for sharing the info. Did you get any new attorney?

    I self filed, as will be doing AC-21 in a month or so.
    So wanted to make sure i revoke my company attorney.



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  • Jaime
    09-12 02:14 PM
    You still have time to arrange your plans and attend! Here�s why you should come:

    You have probably made up your mind not to attend the rally. Perhaps you think that already many people will attend and that one more or one less person (You) will not make a difference. But it will! In fact, let�s not even think about whether one more or one less person will make a difference. Rather, I invite you to think this way: Do it because it�s right! Do it for yourself! Think to yourself that you would do this even if you were the only person attending the rally. Think of Gandhi. Think of Martin Luther King.

    You have been very frustrated for years with this broken immigration system, right? Perhaps you�ve been stuck for years, no raises, spouse cannot work, children aging out? How many times have you wanted to tell Congress what�s on your mind? This is likely your ONLY CHANCE to do so! Again, think of this in terms of you attending even if you were the only person attending. Attend because you are mad. Attend because you want to see change. Attend to make yourself visible, and make everyone out there know of your silent struggle. The silent struggle that you have had to put up for years. Even if that�s all you do, you will feel better. People will know the unfairness that you have been treated with! Attend because IT IS THE RIGHT THING TO DO! If your friends are not attending, try to convince them, but if they choose not to go, don�t let that influence you! Sometimes in life we have to do things just because they are right, no other reason. Will this rally work? Will lawmakers listen? Will my employer be mad that I took a day off? Will I have to spend $500 to get there? None of that matters! The only reason of why you should attend is because you have been abused, and you will not take it! You have dignity! You will go and tell Congress to stop messing with you unfairly. You have the power, freedom and OBLIGATION to do so! Your children will be proud of you. If you do not attend the rally, it will be a once-in-a-lifetime lost opportunity! LET�S GO! WE CAN DO THIS TOGETHER!!!!!!!!!!!

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  • ajju
    03-15 08:47 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?

    Most of these guys were stuck in backlog.. Welcome to the world of USCIS/DOL/DHS... Some would be Name Check victims too.. Though not many.. But a lot in backlog... Plus labor substitution...

    And when finaly most 2003 filed in July 2007 and had dates current for next 3 months.. The Processing was taking atleast 6 months...

    I seriosly hope that not may atleast with 2003 PD.. and dates should move to 2004 and beyong soon.. and this is practically possible...


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  • GCwaitforever
    11-24 09:09 AM
    Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.

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  • 53885
    08-15 08:51 PM
    If people were not busy preparing for Sept 18th DC rally, this thread would have been 20 pages plus, but if you REALLY want to discuss some thing then here it is........

    Employment Based (EB) Green Card (GC) Laws
    � The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
    � Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
    � As per USCIS Ombudsman report
    o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
    o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
    o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
    � There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
    � So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
    � FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
    � EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
    � The laws need to be changed and the process improved to fix the situation.
    What does it mean?
    � There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
    � Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
    � Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
    o You will have to stop working, if your EAD is not renewed in time.
    o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    � If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
    Immigration Voice (IV) Executive and Legislative Efforts
    � Lobbying is an efficient tool to influence law and rule making.
    � IV was very active in lobbying for CIR 2006, which was passed in Senate but failed in House.
    � IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
    � Due to upcoming presidential elections, next congress session in October�07 may be our only window of opportunity for several years to influence the lawmakers.
    Your options:
    a) Struggle for several years.
    b) Leave USA
    c) Help yourself by joining IV.


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  • immigrant2007
    03-12 10:59 AM
    IV has not failed. If the objective has not been met then it is our fault not Pappu's.
    See for yourself how united are you guys are when u know you have been given unfair treatment by USCIS (this crappy backlog). We won't suceed unless all of us work together, if we fail once try again, ..keep trying harder each time till we succeed.

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  • Indirant
    03-07 08:45 PM
    I have not heard any reply. waiting for repsonse to Ajay's request.


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  • dealsnet
    05-26 05:31 PM
    When I was working in Kuwait, me and every one carry Civil ID, all the time in the wallet. If some one don't have, the police will take him to the station and allow to call his sponser to bring the documents. If the sponser is out of station, any friend can bring the documents. Color of civil ID is diffrent for Kuwaiti's and others. So police didn't question any Kuwaitis. Other nationals also into two catagories, one for the general employees, and the other is domestic visa holders. The domestic visa holders ID is diffrent color, if the police caught them any time other than friday, they will go to jail and deported. They have right to be on the road only on friday. Other days of the week, it is banned. Only allow to live in the sponsers house. I heard, in saudi, muslims have green color ID,s to distiguish between other religious members.
    Any way USA is not discriminate between religion, or nationalities. If it is law, we need to obey. Green card can carry with credit card, driver license. I think checking is only on boders. They may checking any one jumping from Mexico or Canada. It is for security purpose. Not to harass.
    I read in news papers, in Kerala police are questioning and checking in highway and other major roads for Tamil speaking people for suspected LTTE members. Many travellers experienced inconvenience.

    The requirement for US citizen - oral declaration. That is right, when someone says that he/she is US citizen or US national, the burden is on authorities to prove otherwise.

    US citizen of Indian origin

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  • senthil1
    02-19 12:28 AM
    What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.

    If you are lazy enough to contact your representative and Obama, you should not complain for not getting your voice heard. Each and every email matter. Also contact Rep. Sheila Jackson-Lee [D, TX-18] on her website. contact all. It wont take 5 minutes.

    Dear (Congressman/woman, Pres. Obama):

    Recently an immigration bill was presented in the congress. The HR 264 is embarrassing for legal immigrants.

    1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.

    2) HR 264 says "continuous presence of 5 years". Of course illegal immigrants can't leave the country and they will fulfill this requirement, but legal immigrants can leave country so might have left country for even 3 or 4 months in last 5-6 years to visit home country or any other reason including business. Although brief discontinuity is said to be okay but what if some legal immigrant leave country to be his/her parents for 2 months in last 5 years? So, this continuous presence rule is tailor cut to include illegal immigrants and exclude legal immigrants.

    Is this what law abiding get when they follow rules? I request you to make sure that legal immigrants are ahead of illegals in every way. An illegal should not be awarded for being in US for 5 years while a legal, law abiding, tax paying legal immigrant is offered nothing for being in US for 3 or 4 years.

    Kind regards
    (Your name)

    Now click on the links above and copy paste this stuff there. IT IS IMPORTANT....


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  • pappu
    02-03 10:01 AM
    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...

    Hello Mirage,
    could you please update your profile dates so that it can help everyone in IV tracker. Thanks.

    While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.

    So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.

    We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.

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  • RNGC
    02-19 01:42 PM
    Read this carefully before you comment here:
    "fingerprints for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section".

    This is just to verify if the guys is in database for any criminal activity. ofcourse they will not give an illegal guy a GC if they have his record in database for criminal activity in US. This is just a formal requirement to keep illegal law brokers out because there are thousands illegals who came here from southern border and have committed crimes. There are some even in the America's Top 10 Wanted list. My uncles(came illegally here) went through all criminal checks by FBI for breaking any law,when Reagan gave amnesty for >5 years. Same criminal checks were done on illegals when Clinton helped legalalization of illegals. Fingerprints, etc are just for other criminal history check not to check if the person crossed the border illegally, ofcouse he did and broke the law: that's the whole point for him being illegal.

    In fact >5year rule has been a standard to give immigration to illegals as is clear by Reagan amnesty. If 5 year rule is not for illegals, then what do you think is there in this bill for 11 million illegals. Itn't that logical. Infact main purpose of this bill is to fix illegal immigrants not legals. If you think >5 years rule is just for legals, you need to read history books, read text carefully and be more logical: not blinded by desire to get your own GC if you are here >5years.

    Either way: I never said we should oppose the 5 year requirement. I just said that rules for "Legal <5 years" should be easier than rules for "illegal>5" years and please don't propagate false rumors here that this bill is just for legals in a blind desire for your own GC.

    So what if illegals are also covered in this! Illegals are kind of people suffering from their employers because they don't have any paperwork! We, are slightly better, we have paper work and still suffer at the hands of our employers, so we know their plight...So, I would say illegals also have to be considered. I DO NOT SUPPORT ILLEGALS. But they are human beings too and are living in the dark.....

    My take on ilegals is:
    1. Build a huge prison and put all of them in there and feed them rest of their life.
    2. Arrest all of them and deport them their home country
    IF 1 or 2 is not possible, better give them green card as long as they have not committed any crime and legalize them so no one takes advantage of them...we have had one round of slavery in this country and its consequence is still felt, lets not have another round of slavery with illegals.


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  • alterego
    07-15 11:03 AM
    If your ex-employer already revoked I-140, how can he give employment verification letter now? He is saying that he is no-longer intend to employ you in the revokation , on the other hand he is giving offer letter now. It is contradictory; it will appear to CIS that you & your employer is doing fradulant practice. If the I-140 was already revoked, then there is no use from it, unless if it is revoked after 180 days of your 485 pending. If it is revoked after 180 days, you can use your new employment to port the job based on AC21 to keep the 485 valid. Otherwise forget it.

    Speak with a lawyer. Your lawyer may be able to file a response, stating that the job offer stands and that the petition was withdrawn in error. Ac21 does not protect you, so I do not see any other options here. However, as tricky as this situation is, you should not take the advise of any of the posters here. Use these responses only to have an intelligent discussion with a good immigration attorney. The worst outcome of all for you would be a rejection for fraud or willful misrepresentation, in which case your future petitions would be in jeopardy and you would be unable to retain your PD also.

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  • andy garcia
    09-10 01:58 PM
    This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
    But the children/spouses of the illegal aliens are eligible for the same!!!!!

    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:

    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule


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  • YesGC_NoGC
    04-10 06:10 PM
    ISit possible to split pre Jan 2003 to 3 or 4 categories?or is it too late...

    What is your EB3-India PD (I-485 either pending, or not yet filed)

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  • nixstor
    07-05 02:17 PM
    Oh, you are just mean now!:p

    I think there should be a big a** button on the top of this screen that says "donations for immigration causes" or whatever and those who feel they can afford to do it will do it, otherwise making paid membership a requirement will severely cut down on the number of people coming on here. Makes no difference to me, there is tons of forums like this online. This is my favorite so far though.

    What difference does the membership of people make if they do not understand the agenda/motive of the organization? May be you are being mean in not understanding the agenda and needs of your favorite organization.

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  • prioritydate
    12-20 08:12 PM
    On a second thought, If I interpret it correctly...

    the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.

    I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:

    09-10 11:38 AM
    EVERY IV member should be planning to attend the rally!!! This is a historic opportunity. There is already buzz in the news and our past actions have made people take notice! Congress will be able to do something this Fall, but not after that due to the presidential campaigns. THEY WILL ONLY ACT IF WE SPEAK UP! That is the American way! If you really want to remain in America then you need to act like an American! We will act American by attending the rally and SPEAK UP! We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE

    04-10 12:07 PM
    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:

    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.

    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.


    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...