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  • hindu_king
    03-06 04:38 PM
    You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.

    We are not asking for discriminating ROW. All we are asking is to end discriminating Indians.

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  • apt29
    07-20 11:57 AM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.


    EB1: Extraordinary Ability
    You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
    You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)


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  • desi3933
    07-08 04:43 PM
    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US.

    Wow! Amazing!

    Please ask your attorney to quote this law when you file for H-1B extension, so that USCIS can not reject extension.

    This law applies to US resident only. Temp worker (yes, on H1/L1 status, one is Temp Worker from legal point of view) can not claim protection citing this law. Reason: your employment is subject to USCIS regulations. It says right there on your SSN.


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  • immigrationmatters30
    11-17 06:30 PM


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  • dealsnet
    03-26 10:58 AM
    Nma check is history now. After filed I-485, and 180 days passed, name check is not a factor for GC. If your NC is pending, still they issue you a GC.
    Are you not reading news papers???????????

    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2

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  • GCStatus
    09-14 04:10 AM
    It sounds easy..but funding drives are not always easy when reality about starting a spreadsheet with names and ph# of people who are willing to contribute $100 for this lawsuit. As soon as we have the 1000th name, we start depositing money to a bank account. 100 grand is not small amount and I am sure we can find a good enough lawyer to start a lawsuit for that kind of money.

    I and my wife are ready with our 100 bucks each.....and can help with maintaing the spreadsheet etc.... how do we get those 1000 names now....or do we even have support of 1000 people around here...that is the biggest question.


    Friends - Please PM me or MAN-WOMAN and GC, your respectively details. We will start accumnulating names.

    Show time !


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  • Raju
    07-20 08:31 AM
    This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.

    Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........

    I hope more ppl will come forward and do the same.

    Yes you are correct. We all have decent paying jobs and $100 is nothing compared to $64000. I hope more folks like you join this humble cause. Can the spread sheet be updated and posted again so that we can track it.

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  • sanjayc
    08-18 08:41 PM
    Applied for EAD on 24 July 2008, recd today. Valid for 2 years from the date of approval. Though lost almost 2 months on the previous EAD.

    Mine AOS is EB2 - PD Aug 2006


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  • senthil1
    03-09 02:44 PM
    Actually everyone should get copy of the receipts from DOL or INS whenever company received and also they should communicate to the lawyer every 3 months to get the status. Atleast the errors due to company or Lawyers should be avoided. One may not have much control after it goes to INS or DOL but persons make sure that everything filed properly. Some lawyers promtly send copies of all the communications both inbound and outbound. That will give gc applicants chance to review the various process and they can try to correct if any discrepancy or errors

    Guys everybody has a story, in my area Labors were getting cleared in less than 1 month in mid of 2003. When my attorney filed my labor and we didn�t hear on it for 3 months, my Attorney called up the local labor dept. they told him that the person who used to do foreign labor certs met with an accident and is on extended leave, It took 13 months for the local office, by that time BECs were born, retrogression�..

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  • indianabacklog
    11-21 07:16 PM
    Just a thought.

    If the worst was to happen how do the USCIS know your wife is now on her own? If you have an H1B visa that has some years to run on it then this would buy time to get I485 approval.

    Once the approval comes through what is to stop the USCIS issuing one to you as well as your wife.

    If nobody tells the USCIS then the wheels will continue to grind along anyway.

    Just a thought.


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  • nousername
    01-29 08:39 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.


    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

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  • jjava100
    02-14 03:36 PM
    Paypal transaction ID for this payment is: 29093004MH879794R.


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  • immigrant2007
    09-10 12:20 AM

    What are plans and strategy for EB3?

    We all morons wont still learn, we will still start prediting for next visa bulletin hoping that a reincarnation of god will ome and deliver us visa numbers.
    Unless we all make a collective effort no one is going to listen to us. I know the fate of my post we all people are busy to get our post noted or express our opinion that we have lost our fous of what our main problem is. I think we deserve this perhaps I dont think if we continue like this we even deserve GCs.

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  • immigrationvoice1
    03-26 10:04 AM
    Wanted to know what the members here think of the probability of receiving RFE from USCIS to find out whether the applicant is still in a "same or similar" job when the time comes to adjudicate cases for for EB3 India.

    I ask this because in a poll conducted in a separate thread, it seems the number of people waiting for their GCs are more with PDs before Dec 2004 than after that date.

    When the dates become current again for these people, do you think USCIS will be sending RFEs to get the employment information for every single of them ? Is there is a percentage from the pending applications that they pick for RFE, assuming all applicants who changed employers DID NOT notify USCIS when they changed jobs OR is it completely up to the whims of the adjudicating officer to send an RFE ?

    There are several people I know who changed employers with EAD, never notified USCIS and got their GCs without any RFE. Trying to understand whether USCIS will think twice before sending RFEs for everyone as the number of applicants waiting with PDs of 2004 and earlier are huge now than ever before. Won't it be too overwhelming for them to issue RFEs to all and manage their responses?


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  • johnwright03
    01-30 03:33 PM
    Thanks sledge for your support.. That's exactly what I meant. One should at least have a job before applying for H1. I am in totally favor of H4 visa holders to be able to work. There are so many highly educated and talented people out there who are stuck at home or school because of H4 work permit law.

    I wish good luck to all H4 visa holders and other people who are stuck in this immigration system.

    One should at least have a job before applying for H1.
    Can you show me a single employer (not the Desi Consultants), would be willing to interview or atleast talk to you if you don't have an H1 or valid visa to work...????

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  • pvpb
    10-01 10:08 AM
    My friend filed on July 2nd to NSc..she called the level 2 support and they said that her information is still nto in the system and that they are busy with lot of applications and asked her not to worry...

    I applied on August 2nd and still nothing....

    Donno how long we need to wait for?



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  • alias
    08-18 01:12 PM
    Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
    There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
    Several of us have writtent to Ombudsman, Director but of no avail.
    Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.

    Didn't someone took up the EB3->EB2 porting issue already; can't this issue be clubed along with it? ek teer se do shikar!!

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  • aquarianf
    04-24 11:18 AM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.

    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.

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  • neoneo
    05-05 10:57 AM
    Well, following the discussion on BS and MS grads and some of the members cribbing why the MS(from US) students get special treatment, here are my 2 cents.

    1) By makng sure that a person is MS they are making sure the population getting greencard is YOUNG !! , it's simple, highly educated "kids" who understand the US culture, since they have studied in US universities and have a whole life ahead of them to do good in Research etc.

    Kids gel in fast for e.g if you see a person with BS and MS from the US, his behaviour is attuned to the society as compared to one who just has a MS and a BS from India.

    2) On the other hand someone who has a MTech or worked 10 years in India, chances are these guys are already in their late 30's or 40's, so they are not getting the youth in, or a person who will take a lot more time to gel in the soceity as compared to the student.

    3) Most importantly, they can't trust people whose degrees are not from the US. Their quality of education, their authenticity. Also, I think the quality of top 100 US univs, which most indians come to anyway, is much better than most of Indian Univs for MS. The kind of infrastructure and teaching they are exposed to is tremendous.

    PS: Someone mentioned that PhD's get paid for reseach. Doing researrch is extremely demanding. I would rate it twice as demanding as a regular job! and the amount the students get is peanuts! Like ~$1500 a month for working ~ 60 hrs a week in research is hell !!

    Unfortunately, in doing this you may loose some really good candidates, who may not have a US degree, but thats the price you pay "to be safe than sorry"

    I think, this should help people who were complaining about this difference better understand that even though they have better profile, it's from a different country and it becomes difficult to verify that.

    but, MOST IMPORTANTLY, it's in everyones( BS MS,H1,F1 ..) interest IRRESPECTIVE of the CIS or any other bill going through, the SKIL bill should make it to the floor.

    08-18 03:08 PM
    Think Once again,

    Processing application based on Priority dates which is applicable to Any Employement (EB1, EB2, EB3) or Even family categories, with respect to Quota for that catagories..

    Again as Somebody mentioned Earlier, its not going to get solved in 2-3 Months, So this will be helpful only from Futuristic purpose.

    Its Vision problem, But this can't be solved by Lawsuites, It needs discussions, Negotiations and Communication, By Who have access to USCIS representative. In a Nutshell IV or AILA Kind of group, need to bring on their agenda, if they think its in Best interest for everybody.

    Simply put i am used to standing in queue to Buy Coffe, and somebody gets priority I feel i've been bypassed.

    Agree with you completely... and I would like to add one more point is this unnecessary classification of EB-1, EB-2 and EB-3... we are all highly skilled among our respective fields.. and I don't think this classification does any justice... but I very well know this wont be solved in 2-3 days... so no use talking abt it.. i guess

    05-21 06:10 PM
    because my appointment date is may 28th , he asked if i will pay for him he will do that today so i did

    hehehe, are you serious about this?

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