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  • vxb2004
    08-23 05:50 PM
    Yes.It is a mandatory procedure.

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  • sve0390
    07-06 06:51 PM
    The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:

    Thank you ChanduV23

    - On behalf of the Core IV Team

    I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.

    Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.

    For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.

    Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.

    Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.

    For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.

    We sincerely seek immediate congressional/ legislative remedial measures which would
    (1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
    (2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.

    I was wondering if we can use this template and your press release ( http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.pdf) to let our local news media know. Thanks

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  • rock945
    10-07 12:15 PM
    Premium processing for 485 will not solve any of the Retogression issues unless there is visa number increase or other provisions in CIR or SKILL.

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  • optimystic
    02-16 02:34 AM
    Optimystic -- is your PD current?


    IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140

    I-485 submitted in last week of July 07. I 140 filed in premium processing and approved in Jan 07.

    (i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.

    (ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).

    (iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.

    If what you say holds true then thats good news for me personally! But I would be curious on the process used by USCIS to dig out all applications that have current PD in march, and then sort them based on application receipt date and process all these within 60 days. I am hoping (or rather praying !) that the fact that they have entered our data into computers allows them to apply some simple sorting logic to CORRECTLY arrive at a subset of qualified cases to be opened up come 1st of March. Now the geographical distribution of cases across service centers, the huge mess during the July fiasco, and cases of people still waiting for their FP appts even now, doesn't give you too much confidence in their systems and processes. But, hey, guess I might be getting too pessimistic here and going against the spirit of own handle name :). Waited for 7 years. Whats couple more months or even a bit longer for that matter !

    (iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.

    IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.

    Thanks much for your insights.


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  • dixie
    04-04 06:49 PM
    it might sound cliched by now, but what IV has achieved so far is truly unbelievable, especially given the historical laissez-faire attitude of our community.Remember what this group is essentially about : a bunch of people fighting for their just cause within their limited rights in an alien country. Its a huge pity that all those folks who think of IV and their GC as their entitlement get a free ride through the blood and sweat of a handful of people, whom they accuse of incompetance and worse. Great job core team .. with all this effort, success of some sort is inevitable.

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  • vin13
    09-22 11:17 AM
    I am disappointed too....... I think a lot of people are losing hope.........:(


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  • vjone
    04-06 03:51 PM
    Did'nt you read Mr. 485Mbe4001 posting ?

    you created a new account just to post this? :)

    Let us talk about what good immigrants have done like opening companies, creating jobs, inventions etc.

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  • leo2606
    08-18 10:23 AM
    But marriage certificate from Indian Consulates can not be used for this purpose.Same case with birth certificates.

    My sympathies to you.
    However I don't understand how your wife and kids got depedendant visa. I don' think one can get a H4 or L2 visas with out marriage certificate first place, unless your wife came here on F1 visa here.
    Anyway, You can apply marriage certificate with Indian Consulate. You may want to visit there with wedding pictures and passport there to get your certificate


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  • mabuhay
    07-16 10:18 PM
    they are right. you have to get your medical. i would suggest that you travel even for 3-5 hours just to get it done. if you are near houston, there are a lot of listed doctors here. getting an appointment will not be a problem. i had my check-up/vaccines on a monday and got the results wednesday.

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  • lecter
    September 17th, 2004, 08:44 PM
    Sushi, are you referring to the lens system working across the board? Interestingly they are now making similar lenses to the others that are for their "clipped" sensors. (i.e. small)

    Strange Scenario.. Advice Plz.... [Archive] - Immigration Voice

    View Full Version : Strange Scenario.. Advice Plz....


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  • waiting4gc1234
    01-10 04:43 PM

    My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.

    The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.

    My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.

    Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.

    Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.

    Does anyone have knowledge of such cases (or) know the results of such appeals.

    Thanks !

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  • nozerd
    12-24 12:56 PM
    I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.

    Here are the details

    Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.

    Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.

    October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.

    Jan 2007 : I 140 approved.

    Nov 2007: Took Infopass appointment. Was told case pending name check.

    This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.


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  • vet282000
    04-21 12:06 PM
    Dear gcnotfiledyet,
    Thanks for your comment.I am afraid you mis understood what I said medicine and pharnact vet med etc. There are practitioners in these fields called MD, DVM, PHARM D etc. However there are many more PhD students who do research in these fields. And they are not listed as STEM graduates. I guess whoever did this listing of the STEM majors don't really have much knowledge about various fields of research and also they ignored the highly multidisciplanary nature of the current day research. I hope more people will start taking this issue seriously.

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  • boston_gc
    04-14 08:46 AM
    Does anyone feel that IV core members are getting arrogant with their success?


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  • getgc2008
    08-31 09:05 PM
    I am on a similar situation. Approved on Aug 3rd. Got a approval notice I-485 in post. Called USCIS and they mentioned to wait till Sep 3rd and if I do not get the card to call back after sep 3rd.

    Let's wait for another 3 days and will update what happens.

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  • dvb
    10-12 09:44 AM
    Hi All,

    Could someone provide some guidance regarding my situation:

    1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
    2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
    3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
    4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.

    Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.

    Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?

    Also, any implications of my situation on the I-485 process ?

    Thanks a lot for any input!



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  • rxsimha
    03-17 05:03 PM
    That is good idea to keep H1B status as much as possible. Use EAD when u have to use it.


    Thanks for the reply.
    But consider the below scenarios.
    - A person is on his 5th Year of H1 and his I-485 gets rejected - he can go back to H1 (Since he has 1 year left).

    - A person has exhausted his 6 years (May be in his 7th year). Now his I-485 gets rejected - he cannot go back to H1 (Since he has exhausted his 6 years on H1).

    Not sure if my understanding is right here

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  • ptolia
    08-04 10:27 PM
    Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.

    It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.

    So, better send the pictures if you are planning to e-file.

    I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.

    Have you received your EAD? if so how many days it took after responding to RFE?


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  • sriteam
    07-05 09:59 AM

    03-01 11:53 AM
    Yes, you'll have to get it registered.

    It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.

    both mom and dad or one of them is OK?
    Does the registrat allow such affidavits to be signed in his/her presence. What role do they have? Do they attest that the affidavit was prepared in his/her presence?
    An notarized affidavit on Rs 100/- deed paper (or whatever you call that) is not OK?

    06-23 11:28 AM
    I am in Indiana and we do not have a state chapter. However, I would like to know the ongoing updates. With this in mind can you put me on the contact list for Illinois.


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