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  • angelfire76
    11-04 01:15 PM
    Well, all the jobs you mentioned in your message now falls in Zone 4 i.e. Eb3.
    Only option that person may have now is to change career altogether in the fields where desi consulting companies do not operate.

    Job Zone 4 does not automatically translate to EB3. Even though the title maybe EB-3, if the requirements exceed normal requirements for jobs in Job Zone 4 then after a (successful) business necessity audit the candidate maybe able to file in EB2. After all I don't think DOL is that brain-dead (yet?) to say that somebody with 15 yrs exp is the same as somebody with 1 yr exp although they have the same job title (E.g. Software Engineer title at Google generally has more experience and education than a software engineer title at a desi consulting company even though both fall in job zone 4

    Solar power here has inadvertently opened Pandora's box in the process of trying to solve a genuine cause for concern. For most IT people it is going to be very tough to get EB2 classification (especially if you are just out of school and have decided to apply for a green card). It is better for them to look out for research positions and apply under Computer Scientists as this will atleast enable them to apply under EB2. Is this a good thing: If you are non-IT yes, if you are IT no as it just convoluted the process even more.

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  • SunnySurya
    08-07 10:01 AM
    I am no Gandhi and don't want to be one. I am just a common man trying to make my ends meet. Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
    Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.

    Think about Aman, he is still working for the benefit of EB community even though he got his greencard, I have US Masters degree but I don't support this.

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  • luckylavs
    09-19 09:59 AM

    I received a SR reply in mail that my case is under additional review . MY pd is sep 05 and i am so frustrated. They also asked to check back after 4 - 9 months. Is there any body in that situation and what else can be done .. please advice..


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  • acecupid
    08-21 12:33 PM
    I don't think it will do much good sueing uscis on this issue. The point is, they have the legal authority to be the one interporating the law. So, if there is "gray area" in the law, the law says it is their understanding that matters, not ours or any one else's. So, unless the law very specifically says it must be done in another way, you can not argue uscis did the wrong thing.
    Now that we see the immigration law does not very specifically regulate how the flow should be like, so uscis have the authority to "understand the intention of the law" and act accordingly. You can't say you think the law means otherwise and thus sue uscis, because that argument makes no sense to the court. The court will only accept the argument when the government is apparently acting against the law.

    We can definitely question them on how their understanding changed on visa spill over distribution.


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  • badluck
    06-26 02:51 PM
    after getting Advance parole, what happened to I-94 when we use our travel document?

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  • shantanup
    09-16 07:08 AM
    Received 'card production (green card)' approval e-mails for both me and my wife this morning.
    IV leaders and IV Texas State Chapter can still count on my voluntary involvement. I love walking through the walkways of the Congress House and the Senate, especially the tram that connects the House and the Senate via the tunnel. ;)


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  • saileshdude
    09-12 10:00 AM
    You seem pretty confident about getting an RFE. Did you already see the online status changed and just waiting for it to arrive in the mail OR is this pure guess work?

    The reason I ask is because I am also in the middle of changing jobs and so have the same concern but not very confident of receiving one.

    My priority date is current since september 2010.
    My H1B transfer application is with USCIS since Aug 27th, 2010. The date for transfer requested is Novemebr 1st, 2010.
    My I 485 was filed in Aug 2008. I have been working with the current sponsoring employer since 2005, no breaks.
    I am expecting an RFE for my I 485. Anyone who was in similar situation share what kind of RFE is likely to be issued? I already have a job letter from the new employer essentially stating same kind of work duties.

    PS: Also, how do you start a new thread on IV?

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  • singhv_1980
    02-06 11:45 AM

    what is Technology Alert List ... can you please elaborate a bit ...

    on a different note, how is the Kolkata consulate doing on PIMS aspect ... am planning for a visit back home and need to go for visa stamp as well - last stamp expired ...


    DOS has raised its flags for any illegal technology transfer blah blah blah..

    Here is an article about it http://www.murthy.com/news/uktech.html

    I know a few ppl who got stuck coz of their areas of research/or job (Like Nuclear Research, Semi conductors etc etc etc). These ppl were subject to additional background checks which resulted in some extra delays.

    I am not sure of Kolkatta consulate, but my feel is that PIMS delays are everywhere.


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  • Macaca
    12-05 04:46 PM
    JUAN GONZALEZ: �because I�ve been very concerned about the lack of historical understanding of the immigration battles in our country, going back to the Irish in the 1840s. Father Joseph Fitzpatrick, who was a wonderful sociologist of Fordham University, once did a study of the criminal populations in New York City in 1859, concluded that 83% of all the criminal convictions in 1859 in New York City were Irish�were Irish, not Canadian, Scotch, English or Germans or the other bulk of the population in New York at the time, but were Irish, right? Henry McLaughlin, the�

    LOU DOBBS: What in the world is your point?

    JUAN GONZALEZ: Well, I�m getting to my point, but give me the time to do it. We have time on this show, unlike�we don�t do soundbites here, alright?

    LOU DOBBS: No, and you certainly don�t do representative journalism, either.

    JUAN GONZALEZ: Henry McLaughlin, Lou, was the guy who was the main consultant to the US Congress in developing the immigration restriction laws of the 1920s, a eugenicist who, interestingly enough, examined the facts�high crime rates among the immigrant population in the 1920s. Tuberculosis, disease, drunkenness�and these were the reasons�his studies of the population of the immigrant population were the basis upon which Congress decided on its restrictive laws to limit the number of southern Europeans, of Jews and of other nationalities that were coming into the country at the time. My point is that the issue of crime and the issue of disease has always been attempted by those who want to restrict immigration, right? But identifying�

    LOU DOBBS: Juan, you�re smarter than this. I mean�

    JUAN GONZALEZ: �with the immigrant population coming into the country.

    LOU DOBBS: You�re smarter than this. You�re better than this.

    JUAN GONZALEZ: You know, you�re doing the same thing that Henry�

    LOU DOBBS: No, I�m�

    JUAN GONZALEZ: �McLaughlin did in the 1920s�

    LOU DOBBS: Oh, you�re�

    JUAN GONZALEZ: �and the same thing that was done against the Irish�

    LOU DOBBS: Juan, if you believe that�

    JUAN GONZALEZ: �in the 1850s.

    LOU DOBBS: If you believe that, you should look into that camera and say you apologize for trying to mislead people purposefully. The reality is this. Have you ever once heard me say anything other than I have the greatest respect for illegal immigrants in this country? Illegal immigrants. Forget immigrants, illegal immigrants. Have you ever heard me say anything other than that? Have you ever heard me say anything other than, I believe that the illegal alien in this entire mess is the only rational actor? Have you ever heard me say that? Have you ever read the transcripts of my broadcasts? Do you have any�

    JUAN GONZALEZ: Yes, I�ve read quite a few of your transcripts. Not all of them, I have to confess. I work with�

    LOU DOBBS: Would you like to tell me? Have you ever heard me say anything other than that? Have you ever heard me say that I want to have immigration restricted? I mean, my god, man, do you have any�any�sense of fidelity to the reality?

    JUAN GONZALEZ: Yes, I do. And the reality is�

    LOU DOBBS: How in the world can you use my name and �anti-immigrant� in the same breath?

    AMY GOODMAN: When we hear comments like�

    LOU DOBBS: You hear�

    AMY GOODMAN: �a third of the�from you�we�ve played them, so we can�t refute the videotape, Lou.

    LOU DOBBS: Have you looked, Amy�

    AMY GOODMAN: We can�t refute�a third of prisoners are�

    LOU DOBBS: Yes. And we discussed that?

    AMY GOODMAN: �are illegal immigrants�

    LOU DOBBS: Have we discussed it?

    AMY GOODMAN: No, a third of prisoners are illegal immigrants, not true. 7,000 leprosy cases in the last three years because of illegal immigrants�

    LOU DOBBS: Christine Romans misspoke�

    AMY GOODMAN: �not true.

    LOU DOBBS: �we said that. And that�s as straightforward as we can put it.

    AMY GOODMAN: And you made an announcement on your show�

    LOU DOBBS: Absolutely.

    AMY GOODMAN: �and you will say it here�

    LOU DOBBS: Absolutely.

    AMY GOODMAN: �that it is not true. Illegal immigrants are not responsible for 7,000 cases of leprosy over last three years.

    LOU DOBBS: Not over the last three years. But the likelihood is that illegal immigrants are responsible, because they are the ones who brought Hansen�s disease�

    AMY GOODMAN: �The likelihood��based on what, Lou?

    LOU DOBBS: Based on doctors at the Hansen Center,�


    LOU DOBBS: �who said that�listen to me. Hansen�s�I mean, if you guys�you guys are just ridiculous in your loss of proportion here. You�re talking about one report. But if you want to talk about it, tuberculosis and Hansen�s disease are both screened, and they are so similar in the symptoms and their presentation that doctors look for that in the screening. Without question.

    AMY GOODMAN: But as you agree now, you�re formally apologizing for having a presentation on your show�

    LOU DOBBS: I already have.

    AMY GOODMAN: �and then backing it up.

    LOU DOBBS: Wait, wait, wait.

    AMY GOODMAN: Again, this is not just one show.

    LOU DOBBS: Referring to three years, OK?

    AMY GOODMAN: So you�re saying that illegal immigrants have caused 7,000 cases of leprosy�

    LOU DOBBS: No.

    AMY GOODMAN: �over thirty years?

    LOU DOBBS: I�m saying the likelihood is that those cases of Hansen�s disease are, according to the doctors at the Hansen Center, most likely as a result of illegal immigration, because they�re not being screened.

    AMY GOODMAN: You know the fear�

    LOU DOBBS: But why contain this?

    AMY GOODMAN: Well, the reason�

    LOU DOBBS: How about tuberculosis?

    AMY GOODMAN: Let me make a point.

    LOU DOBBS: Does that concern you?

    AMY GOODMAN: Let me just say something. Let me just say something.

    LOU DOBBS: Right.

    AMY GOODMAN: The reason we�re raising these issues is not any one particular case, though I think facts matter�

    LOU DOBBS: You�re giving more focus to this issue�

    AMY GOODMAN: �because�

    LOU DOBBS: We put one report, eight seconds, and you are giving an entire broadcast to this.

    AMY GOODMAN: No. It is well more than eight seconds. But I want to make a point here. Even when you were called on it by 60 Minutes�they played a clip�you came back the next day�

    LOU DOBBS: Right.

    AMY GOODMAN: �and you continued this fallacy. But the issue is, we�re raising different issues in different spheres of American life�prisons, disease�and in each of these cases, what many people are concerned about what you�re doing, because there is no question, Lou Dobbs, you are extremely influential in this country. You are a key part of driving the debate on immigration.

    LOU DOBBS: Right.

    AMY GOODMAN: And so, I think it is important to be accurate�

    LOU DOBBS: Oh, I do, too.

    AMY GOODMAN: �to start there.

    JUAN GONZALEZ: Yeah, but I think we should�

    LOU DOBBS: Have you ever made a mistake on this broadcast, Amy?


    LOU DOBBS: How many, would you say?

    AMY GOODMAN: I would say that each time it�s pointed out, we try to apologize for it.

    LOU DOBBS: So do we.

    AMY GOODMAN: And we try to correct the record.

    LOU DOBBS: And the issue is, for me, the 7,000 cases�as soon as I understood the issue was the three years versus thirty years�I mean, to me it was a�

    AMY GOODMAN: That�s not minor.

    LOU DOBBS: To me, it frankly was of no interest. The issue was 7,000 cases on the registry of Hansen�s. That was the issue I was responding to when I understood fully the three-year thing. I mean, to me, the idea was whether the registry had been brought up to date or not. No one in their right mind thought that�you know, a year, or whatever, that a thousand cases had been created.

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  • dingudi
    01-31 10:20 AM
    How do you know that experience in Canada or Mexico will be any different from experience in India? It can be only better at a consulate that hasn't yet implemented PIMS, which I don't think there are any at this point. At least you are at home with family. I think the worst is to be stuck in Canada or Mexico for a month. I think the moral of the story is to use AP whenever possible.

    I personally know at least couple of friends who went to canada in the hopes that they will get the stamp earlier. But both of them were stuck because of PIMS for weeks. One was stuck for 6 weeks and other 5 weeks.

    So I do not think revalidation in India or canada or mexico really matters.

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  • aau
    08-07 04:28 PM
    I am in the same boat. My employer decided to file my case under EB3. For that, even the job position was in such a way that required only EB3. I had 7 years experience at that time. So it could have been EB2. That is fine, I am not sad about it.

    My question is, since the original position had requirements that met EB3 and not EB2, how can you now justify moving to EB2 within the same company and for the same position?

    You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.

    Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.


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  • sai
    12-31 07:57 AM
    What are the bills that are comming up in FEB 2006 ?
    Can any one post the details please...

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  • smuggymba
    08-18 09:22 AM
    Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!


    PD: 04 Jan 2006, EB2 I
    RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
    ND: 27 Aug 2007, NSC

    Didn't do anything in 2008 and decided to do everything possible this time around.
    Aug 3 - Primary I-485 SR,
    Aug 5- Primary EAD SR,
    Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
    Aug 10 - Opened an Infopass for Aug 18
    Aug 16, 8:30 am - Dependent SR
    Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
    Aug 16, 10:15 am - Wife called me to inform the good news, the online status change.
    Aug 16, 10:18 am - got the text message (which just said "check your status online").
    Aug 16: Got the CPO mail (time stamped 10:18am)

    Guys (and Gals), Hang in there and you will have your independence soon.

    Yet Another Greencard Wait (not anymore :)

    Please donate some $$$$ to IV.


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  • rsharma
    06-13 11:25 PM
    I understand your point. But this is exactly what anti-immigrants complain about H1Bs. ( depressing wages, outsourcing etc)

    It is interesting that we are using anti-immigrant's arguments to pin L1s.

    I would like to point out the differences between H1B and L1
    1. There is a yearly limit for H1B (65k + 20K) but L1s are limitless.
    2. A minimum wage need clause is there for H1B but minimum wage is not required to be paid for L1s. There are people in L1A visas who are supposed to be Senior Managers are sometimes paid less than 60K per annum by these offshore companies. As although they are brough in L1A visa they are in fact developers.
    3. Almost 99% of the L1s are from offshore companies whose main intention is to send the project/job to offshore, most of the H1Bs do not have this intention.
    4. L1s cannot change their employer, so they are bound to follow what their offshore employer ask them to do i.e try to take the job offshore, H1Bs can change employers, they will not try to send the job to offshore as they will then eventually have tomove back to offshore.

    So if we clearify these points even to the antis, I hope they will understand who is the real culprint for the employment scarcity. Each of these companies are moving thousands of jobs out of this country making the problems for Citizens/Green Card holders/H1Bs.

    99.99% of all the L1s are not used as they were intended when the law was signed.

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  • gcgreen
    08-07 02:50 PM
    See, that's the reason I think the lawsuit idea has issues. I suspect the lawsuit may end up making life difficult for a lot of genuine cases without actually achieving what you set out to achieve.

    But I have no data one way or the other.

    The question is how would you identify which jobs are genuine and which are not. In addition, the question the porting comes at I-485 stage.
    So in other words there could very well be job out there and you won't know till its I-140 is approved if it is for porting reasons.
    Also, a good/established company may most likely will not file a new labor and I-140 for a person because it an unncessary expenditure for them.
    So guess who are the people who are most benefitted by this...


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    10-13 04:21 PM
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  • garamchai2go
    12-18 08:52 AM
    Dec 6 1400 hrs, Passport rcvd - NO(as of Dec 17), H1-B, Chennai
    With telephone conversation with consulate staff , I came to know that sometime tomorrow vfs will have my passport. Will let you know once I hear from vfs.

    Dec 6 1400 hrs, Passport sent to vfs - Yes(on Dec 18), H1-B, Chennai

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  • danu2007
    07-09 08:38 PM
    Flower Campaign - Media published urls

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    ... changes in US immigration rules are planning to deluge US Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez with flowers on July 10. ...
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    06-29 05:10 PM
    If rumors are true there is no point in sending I485 application if State dept announces that Visa is not available on July 2nd Morning. If confusion or rumor is cleared then Lawyers can send the application. That stand may be correct. But what if State Dept announces on Wednesday. Then those who are filed on Monday and Tuesday will get EAD and AP. I hope these rumors will not become true

    You can sue this firm, if they have really suspended the work on I-485.
    How can they react to rumours?

    10-05 09:31 PM
    @ SOP

    Good to see your persistence paid off and the pain and agony of waiting every day is over for you. Go out and enjoy the freedom.

    Can POJ be only be used for cases that were seperated? Last time, I used the POJ method, the IO told me to talk to the CSR and he refused to give me the status of my case.

    Congrats again!!!

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