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  • mirage
    08-04 10:19 AM
    I would request everybody to send out the mails ASAP. This will certainly help....
    Pani, I was not able to upload the word doc. Can you make a word document from this and upload it...


    To, 08/05/2008

    Charles Oppenheim / Visa Section
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520


    Your Name/Your Address/EB-3 India Applicant
    Priority Date: May 2003
    Some City,

    Dear Sir/Madam,

    Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories

    I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.

    It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.

    A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
    We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.

    It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
    We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.

    We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.

    God Bless America!

    Thank you for you attention,

    (Your Name OR EB-3 India Applicant )
    Priority Date: April 02
    Category: EB-3
    Member ImmigrationVoice.Org

    Copy Sent to

    Honorable Secretary of State
    Dr. Condoleezza Rice
    U.S. Department of State
    2201 C Street NW
    Washington, DC 20520

    Honorable Director, USCIS
    U.S. Citizenship and Immigration Service
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529

    Citizenship and Immigration Services Ombudsman
    Department of Homeland Security
    Attention: Case Problems
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Senator John Cornyn
    Chairman - United States Senate Judiciary subCommittee on
    Immigration, Border Security and Citizenship
    517 Hart Senate Office Bldg.
    Washington, DC 20510
    Main: 202-224-2934
    Fax: 202-228-2856

    Congresswoman Zoe Lofgren
    Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
    Refugees, Border Security, and International Law
    102 Cannon HOB
    Washington, D.C. 20515
    Telephone (202) 225-3072

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  • smisachu
    09-13 05:32 PM
    How about contacting Bloomberg Radio? I heard about IV first on it in 2006.

    They ran a nice segment and talked to one of the core members. I think it was very effective. They are pro business and any issue affecting "MSFT, GOOG, INTC" is big news for them....

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  • addsf345
    11-20 03:38 PM
    Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
    See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
    EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.

    See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:

    "The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."

    Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o

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  • ssnd03
    04-02 03:18 PM
    You don't need to be harsh on your comments. You can go ahead and file a case with USCIS. That's what I've been saying here all the time.

    Calling me a numbskull I think is inappropriate. You can disagree with me and I can disagree with you which is the essence of this forum but not to abuse each other.

    I didn't call you numbskull and I will never call anyone numbskull, so I guess you owe me an apology.

    No you or D.E.D. do not deserve an apology for being numbskulls as you both have an agenda of fear mongering so that folks do not raise voices for legitimate reasons.


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  • mango_man
    06-11 04:53 PM
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  • gctoget
    07-23 01:23 PM
    I have joined the yahoo group.


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  • bala50
    04-30 10:33 AM
    Web cast Link

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  • gcpath
    01-03 10:59 AM
    Filed AP on Aug-8-2007. Today received email from CRIS saying that Documents have been mailed. Hope you all will get soon.


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  • vandanaverdia
    09-10 03:54 PM
    p_aluri... Thank you for your contribution....

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  • vkannan
    03-12 10:19 PM
    I know someone with PD EB3-I 2003 March who got his GC today.

    Come on now, dont create another rumour....our brothers in EB3- I 2003 would all be excited ....but after few weeks they will know the truth and get disappointed.....Just think practically whether this is possible....

    One example....just think....a week before April Bulletin was released.....there was lot of positive thought/wibes going around thinking EB2/EB3-I india (due to LUDs) would have a Huge jump forward.....well, everyone knows by it all went..........


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  • abhijitp
    07-06 09:47 AM
    Can anyone post the email of the reporter?

    Then click on Send an email to Julia Preston

    The following page comes up:
    Send a Message to JULIA PRESTON

    Delivery of this e-mail may be delayed. If you need to reach The Times immediately, please call 212-556-1234.

    Your name:
    Your Email Address:
    Your Message:

    URL of article related to your message:

    <button>Click to send message</button>

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  • DSLStart
    08-23 10:10 AM
    My friend EB2 is all ONE category. Please see the OR in that sentence.

    to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

    Its sad but its going to apply for all EB2 applicants.

    I agree.

    Here is INA 203(2)A:

    This memo is in relation to "exceptional ability" category which is different from the category most EB2 filers apply.


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  • chanduv23
    02-25 07:33 AM
    Yesterday, @seaworld, the oldest Shamu got frustrated and killed the trainer. Imagine the level of frustration that goes through her when she is doing the smae thing again and again for 20 years.

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  • gc_chahiye
    09-28 06:55 PM
    not that it makes a huge difference, are they atleast trying to use some of the visa numbers by working over this weekend???

    they are working overtime on receipting (see the FAQ). Wish they stop receipting for these last 2-3 days and use up ALL the visa numbers. Everyone should be put into I-485 approval work. If there are people stuck in NC, see if any of the June/July filers manage to pass the FBI database without a hit.

    A receipt notice coming 2 days late is not a big deal. If a visa number is not used up, its lost, gone forever!


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  • immi_twinges
    07-20 05:37 PM
    My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.

    We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.

    In my opinion, this is the absolute minimum:

    1) Clear DOL backlogs in BECs
    2) Recapture lost visa numbers
    3) Dont count dependants
    4) Raise per-country cap to 10%

    If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.

    Lets ask first fix the USCIS lethargy..

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  • Libra
    07-06 03:43 PM
    You might be senior member than me, i may not post my comments more offenly, i just read what others are saying. Even i dont mean to disrespect you, and whatever i said below is not to offend you. I hope you understand

    I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word

    Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
    this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk

    I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.

    What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
    Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.


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  • Napoleon
    03-10 09:38 PM
    Question #3 and #4 should conclude this discussion.

    Also how do you define an established company.
    If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?

    From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).

    But here are the Questions:
    1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
    2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?

    From the below excerpt (same Murthy site and part of above doc)

    Ability of New Sponsor to Pay
    The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.

    3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?

    4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
    �..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???

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  • kate123
    08-23 08:38 AM
    see below.. I think you should be OK.
    USCIS - Employment-Based Immigration: Second Preference EB-2 ( D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

    Looks like 10 years experience is required for individuals applying under "Exceptional Ability".

    I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.

    Is this memo in effect already or what? Can someone throw more light on this?

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  • immique
    06-23 05:41 PM
    America is definitely losing out because of prolonged Green card processing. I know of many well educated PostGraduates, Physicians who were not able to pursue their careers in Research, fellowships because they have to be stuck in one fixed position without any progress to obtain the green card. they are being denied of the opportunity to find new cures, innovations that could potentially help the humanity. true US is getting the taxes from the main H1 applicant, but what about the well educated spouses and dependants. don't they have a role in contributing to the development of the country, they are made to pay higher tuition fees and they cannot work on dependent status. Only the lucky few who were able to fille for I-485 in 2007 got their EADs, but what about the long waiting for 485 filing and EAD since 2000 and before? Even today you if you are EB3 or EB2, you cannot apply for 485 and so your family cannot get EAD and so cannot work.

    Many software professional and other highly educated workers can contribute much more to the Economy like how they did in 1990s by becoming enterpreneurs, but they will not be able to do anything while on "temporary visas" as they are much more concerned about maintaining their status, extending their status every few years. many people are even hesitant to buy a house, agree a few of us have bought houses and other properties, but vast majority of us are still very hesitant to do it as we can never feel fully secure of our job. If you have the Greencard you will atleast be confident that you can find a job in the area where you buy the house.

    If you look at the procedures for Drivers licenses, even though the legal workers go through rigorous security checks while obtaining visas and changing/extending status with USCIS and almost all of them are verywell educated and very responsible, you have to go through a big hassle to obtain the Drivers licences and some people are being made to wait for months even after providing all the required documentation. In some states, dependents are not given Drivers Licenses and in other states, you legal workers/students get a "special drivers license" with which there is much scope for being discriminated just on the basis of this license, and if you move to a different state, this special license is not recognized and you have to apply for a fresh license, take written test, driving test and go through all the hassles again even though you have been driving in US legally for more than 10 years.

    these hard working young professionals are losing the most important phase of their lives waiting for the elusive greencard and by the time the get it they are much older and don't have the same zeal for new ideas like how they did before and end up taking care of other responsibilities including family. I can go on and on like this. after we have been through all these testing circumstances, please do not say that America has not lost anything, but the biggest losers of all are the legal immigrants.

    this is a process where there are no winners, but only losers. this lengthy backlogged process is resulting in a great loss to the advancement of US and would be legal immigrants

    07-06 10:47 AM
    Check OH Law Firm post.
    I'm afraid that the fire has alerady started.

    With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....

    Just what we needed ...
    OK can u explain how this info can be used against us...what the heck did we do?

    09-11 01:56 PM
    thank you leoindiano.

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