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  • nonimmi
    08-13 03:56 PM
    I believe some top-level IV core members are EB3-I with PD 2003-04. So it is hard to believe that they are not worried watching "U" month after month and don't want to do anything about it. But as IV-Core they can not just do something for EB3-I. We need to find a way to fix this issue without creating another subgroup for EB3-I and take advantage of IV movement.

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  • she81
    04-30 02:14 PM
    At the end of July. I'm not aware of National processing centers. Are there still labor applications stuck there?

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  • axp817
    09-14 11:45 AM
    I have to agree with SC3. PD porting from one EB category to another is a provision that falls within USCIS guidelines.

    Yes, if an overwhelming number of applicants from a (more) retrogressed category port to a non (or less) retrogressed category, it 'hurts' some people.

    I am EB2-I 2006 by the way, and this will hurt me as well. But I can't bash someone for utilizing to their advantage an option that is provided by the system.

    And who am I kidding, if I was in their place, I would be doing the same thing.

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  • TeddyKoochu
    08-23 08:44 AM
    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?

    This is only for EB 2 aliens of exceptional ability. As far as I know this does not need perm. I got an EB2 alien of exceptional ability when my last employer filed through Schedule A. So don't sweat this does not apply to the usual EB-2 far as I can tell...

    Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?

    Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.


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  • Totoro
    05-02 09:41 AM
    Good job Admin2.

    Folks with ITINs,

    Please file for SSNs quoting this stimulus package and get the refund. If someone tries and SSA refuses, we can take it up with legislators or even pursue litigation.

    I am the person who originally compiled the information. I am in the process of appealing the first SSA denial and I am in touch with my local congresswoman about this. If you want to get involved, please let me know. Also, I recommend that everyone contacts his or her congressman/congresswoman even if you are not directly affected. Most legislators are not even aware of how this rule affects people. We need to stop groups like FAIR from pushing through more legislation that discriminates against immigrants.

    Finally, if the SSA denies my appeal, I am planning to file with the federal appeals court. Any ideas on how to go about this are appreciated.

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  • vjkypally
    09-10 03:50 PM
    Completely Agree with you. Rather have some process than none.People in the forum are talking a lot about visa recapture..

    But how will this help if USCIS continues to disregard PDs utterly and just approve cases that they can lay their hands on....

    Due to July 2 fiasco, pretty much everyone have filed I-485...Even those with 2007 PDs.

    Say USCIS recaptures Visas, makes every category current and starts approving 2007 PD cases! Even worst, due to the every category 'C', may be 2008, 2009 (when it arrives) people start applying I-485 as well, and USCIS continues to consume all the visa numbers to to approve the cases of these lucky bas*$%^&ds (no offence!) with most recent PDs. How does this help you or me with older PDs waitin for years and years ! :(

    even with recapture
    - the visa numbers are not unlimited
    - the processing power of USCIS is not unlimited

    - The capability of USCIS to screw up at every opportunity seems to be unlimited
    - And the number of lucky bas*$%^&ds who get approved despite newest PDs seem to be unlimited too :)

    So , think visa recapture alone wont solve anything. We have to make USCIS accountable. Make them process cases fairly. Make them respect PDs.


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  • senthil
    08-08 08:54 PM
    just want to see how much time it takes. thanks

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  • 485Mbe4001
    08-18 04:42 PM
    ^^ bump ^^


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  • illinois_alum
    08-12 12:36 PM
    Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.

    This was a practice only done by TCS a few years ago. And even that has stopped now (albeit because of a lawsuit filed by some employees)

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  • kevinkris
    05-27 12:47 PM
    goto top..


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  • santb1975
    05-27 03:50 PM
    Just login to paypal directly and send in your contribution to This info. is provided on the firts post of this thread as well. We had a member last week who setup recurring 20$ contributions through paypal

    If I may suggest it may help our funding drive if we allow smaller contributions. (20$ or 10$) both recurring and one time.

    I know at least a couple of people who would do a 20$ 2-3 times a year but won't do a $50. Anecdotal but may hold true for a lot more people.


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  • tinamatthew
    07-20 12:37 PM
    What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)


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  • Caliber
    03-11 01:28 PM
    Hi eb3retro,
    I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice. I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application. Thanks.

    I do not know if USCIS is going with receipt date or any procedure. My Receipt date is June 27, 2007. Notice date is August 9, 2007. My case is not touched either till now.

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  • bikram_das_in
    02-18 03:18 PM
    Fellow IVians,

    Let's not indulge in EB2 or EB3 bashing. We all are in the same boat. Our goal is to remove retrogression be it EB2 or EB3.

    PD: Sep 17 2007 EB2
    I140 Applied


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  • Dhundhun
    06-23 05:18 PM
    I am preparing an article for NY times explaining our sufferings! Please contribute your thoughts.

    1. What is America losing because of our prolonged wait for Green Cards?

    2. How people who have green cards are contributing to the country as a whole ?

    3. What if the whole green card process takes less than 3 years ?

    Few obvious things are we would have bought a house, gone up in our carrier ladder, spend more and contribute to the economy, our spouse could have started working etc....

    I am looking for thoughts and experience other than the above things.

    USA is made by illegal immigrants (over 13 millions) and bonded labors (H1B - GC).

    Losses suffered by illegal immigrants and H1B-GC people fuels US economy (or at least contributes to that). My contributions so far might have been above half a millions. Indirect beneficiaris are top most companies.

    You may get some valuable inputs from although I did not fully endorse the thread:

    Good observation.

    It will be breaking more than making - it will be like this news:

    America is not loosing by delaying any process of streamlining any illegal immigrants or H1B-GC process.

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  • franklin
    09-29 10:50 AM
    Except, Franklin is not from a retrogressed country.... :)


    Actually, techincally I am - eb3 ROW suffers from retrogression


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  • mirage
    08-18 08:15 AM
    Yesterday I filled up the appointment form of my local congressman. I will try if I can meet him and he could probably write to the public officials or could talk to rep. Zo Lofgren. In my opinion if we can somehow inform Rep. Lofgren, she will certainly do something. She seems really(genuinely) concerned for the plight of Green Card seekers...
    I would request everybody to find out ways and channels to get this information to her....

    i support your efforts and have printed out and sent letters to the people mentioned. Momentum for release of information should build up even if we have 50-100 letters from affected people...otherwise people won't know of EB-3 IND's plight.

    I suppose we should followup with phone calls in 15 days to cement our request. We should have a poll on who all has sent the letter and made the call.

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  • ritu_raj
    09-11 12:12 PM
    just contributed $100... See you in DC
    Order Details - Sep 11, 2007 12:30 PM EDT
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  • gctest
    09-15 04:21 PM
    I have not raised anything yet. We do have a number of members ready to support. We are getting there. People, please come forward. Lets get this thing going.
    Send me a PM if you are not sure about posting on the forums here.

    GCTest and et al if you have really raised 600 $ talk to good lawyer to sure the hell out of USCIS for its un accountability. This EB3 - EB3 rift is not going to help anyone but only USCIS. Take a chill pill and think carefully who has screwed us most -- IT IS USCIS. If you sue USCIS for unaccountability, changing rules at will and worst of all racial discrimination or new term for country based discrimination -- it is history waiting to happen.

    There is no value or point in creating Eb3 - Eb2 rift. No category is better than either - all are equally and royally screwed by USCIS.

    07-11 08:49 AM
    I congratulate everyone whoes PD becomes current beginning of next month. But be aware that all of this is no good until USCIS acts on it. USCIS has to match and increase their pace of processing I-140 & I-485s for people to benefit of this movement. There are thousands of people whose PD have been current since April of this year and still they see no movement on their cases. PD becoming current is just the first & crucial step in this long process, but now it all depends on how well USCIS responds by processing cases in FIFO manner.

    04-26 10:41 AM
    I respect the efforts of IV and actively support them.. To kick up some dust and buzz, amongst our American collegues, TV news reporters, talking heads, professors etc., I suggested that we must write about this injustice. Taking SS Tax and Medicare tax from non -immigrants is injustice. Americans will not tolerate injustice. What we are discussing here, whether we should do something about this collectively at IV, so that our GC processes will be speeded up, as a indirect consequence. This great country should understand more the injustice is being done to us, the highly skilled immigrants

    - in visa extension / stamping issues (a family has to spend 6 to 10 grand to get a visa stamping, appointments are not availabe for next 4 months etc)
    - in employment (cannot take promotion, cannot easily change jobs without losing Priority Date),
    - in labor clearance and
    - in GC Process (visa numbers, etc)

    Thanks for the links. I didn't read them as I don't have to. I had indeed done research on the visa stamping issue. I am not ignorant, but I take your words as compliment.

    You must understand employment visas, like H1B are non-immigrant visas. That alone should make Uncle Sam stop collecting SS Tax and Medicare. If any trial lawyer does a class action law suit or what we call a Public Interest Litigation, the US government should be in lot trouble. Because no one is questioning, they are passing on. I was also told by a SWA high official, that there is a provision, that you can opt out of deduction of SS Tax and Medicare, if you are on H1.

    I want to focus on core IV goals. I will not post any further on this SS Tax issue. But, my last word is: dual intent is dangerous and applicants will be denied visa and entry into US. So, readers be careful. You have a non-immigrant visa.

    From US Embassy in Canada for visa stamping requirements:

    In order to qualify for most categories of U.S. non-immigrant visas, you must be able to demonstrate to a U.S. Consular Officer that you have a permanent residence outside the United States that you do not intend to abandon. You may satisfy this requirement by showing you have strong economic and social ties to your country of residence. "Ties" are factors that would require you to return to your country of residence, upon completion of your temporary visit to the United States.
    LIN: US Embassay Canada. GOV (

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