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Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.

That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?

The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.

Bump

Security background should not be an issue more... It is pathetic that folks with PD 2002 are still waiting... You guys are silently sufferiing , it is time that you remain silent no more.
I agree....mine is too 2002 PD/EB2

Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....

No use....USCIS is a big elephant and acting in sleep....

Whats ur PD? U r not current in Aug right?

AFAIK, I am. Who cares If 1st March is inclusive or not. It is a matter of 1 week.

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?

^^^^^^^^^^^^^

ok. Assuming BILL pass during the lame-duck session... what is timeline for it take effect? I believe the president has to signed it and it take 90 days from that date to be effective? Experts?

Any stratergic ideas, if positive news does not come out during the lame duck session?

I did not know it takes 90 days; that is too long a period of time. But nobody is hopeful of the bill getting passed during the lame-duck session.

Guys,
Let us update any developments so that it might help others to know the chain of updates after receiving the magic e-mail.
Mita
Same exact sequence of events happened to me. I am sure we will have our cards this week God willingly.

What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince

Just to clarify, it is just one person (The Ombudsman), not "folks". My previous comment was meant to illustrate the absurdity of such a suggestion.

For those who did not get my reference to "Ed Anger" of the Weekly World News:
http://en.wikipedia.org/wiki/Weekly_World_News

Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.

Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

Has anyone done this more than 1 times?

How much % salary increase have you taken while changing jobs?
How different was your job description and profile?

What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?

The answers for this questions would really help. Any one who has done this ?

Thanks

Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.

Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.

Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.








140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.

If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

Thanks Transpass..I really appreciate it...

All 140K GCs are available on Oct 1. However, dates were not current in 2005 and 2006. I think that current dates do not depend on available GCs.

Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.

What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?

I am not sure what SOL stands for.
But I can assure you that EB-3 ROW has very little hope. My estimate was that EB3-ROW's wait times were around 5-6 years.
But now, I have a feeling, that its going to be more like 10+ years. And 10+ years is a long time. Some sort of reform will happen in the next five or six years, and even that reform is not likely to get us greencards, since it may emphasize the family-based applicants.

Working with approx 500+ applications with best possible way and answering your calls. What else you are expecting? :D :D

I have PD of Dec 2005 and I140 approved in June 2006 from TSC. Filed 485 on July 3rd .checks not cashed yet neither received the Receipt notice. Called up and lady checked the system and my 485 app is not in the system. She told me to call around 20th to check the status. What are they cooking ? I am not sure.

Diptam, Don�t leave the employer but force them to terminate you after 160 days of filing I-485. Don't clear any client interview and force them to pay you salary as it is employers job to give you work. Take rest at home on full salary. A time will come when employer will no longer afford to loose any more money and they will terminate you. Also ask for severance package when they terminate you.

This is not a legal advice just a suggestion

There could be a clause in the agreement that employee to pay the amount if he is fired due to bad performance. however, documenting bad performance for the employee is real headache for the employer. But still it can be done.

Not a legal advice.
----------------------------------
Green Card holder since May 2002

desi3933 at gmail.com

she said "But we're prepared to talk to people about what happened here."

hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS

I don't recall

...... You are free to ignore my posts. ;)


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hmmm... it looks like, we both think alike! :-) how cool is that?

you've taken one sliver of info out of that case and making it seem like thats a primary issue... i dont doubt that what you are purporting is true... but your link pointed to something that was a complete waste of time... i agree that you need to have a permanent full time job and that permanent means indefinite in most cases related to immigration.

I got following reply from Sen. Franken

Thanks for contacting me about the DREAM Act. I appreciate you sharing your concern with me on this issue.

There are thousands of young people in the United States who have gone to school, done their homework, participated in school activities, received their high school diploma and wish to go to college - but whose parents brought them to this country illegally. These youth face several barriers to a college education. Federal law currently limits states' ability to offer undocumented immigrants in-state tuition, and they are also not eligible for federal student financial aid.

I do not believe that we should punish children for their parents' actions. For many of them, the United States is the only country they consider home. With the chance to attend college, they will be able to fully contribute to our nation's future. The DREAM Act, S. 729, would allow undocumented immigrants who came to the U.S. as children and pursue a college education or enlist in our nation's military to apply for conditional permanent resident status.

The DREAM Act, of which I am a cosponsor, is bipartisan legislation narrowly tailored for undocumented students who have lived in the United States since they were children, succeeded in school, and want to be productive members of society. Requirements to be eligible for the DREAM Act include having arrived in the U.S. at age 15 or younger; having graduated high school; having served in the military or attended college for at least two years; and demonstrating good moral character. The DREAM Act is the chance we're giving these young people to earn legal status by working hard to attend and succeed in college.

Again, thank you for contacting me, and I look forward to hearing from you in the future on this or any other matter of concern to you.

Sincerely,

Al Franken
United States Senator

If Sanjay Dutt is in country how about having him in rally? Even the american guys who have bought copyright to Munnabhai story might want to add some oil to fire

First off let us change the name of this thread from "Gandhigiri to DOS" to "Munnabhaigiri to DOS".

Gandhiji sent flowers to NO ONE.