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  • sanju
    09-25 09:40 AM
    Just curious. Why do you claim ROW is receiving preferential treatment over India when all the countries get the same upper limit of the visas. Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment? :)

    Why do think that "India" is the name of 1 human being that everyone from India should be treat like 1 person. Each person applies for his/her I-485, even each member of a family is considered separate. So why club one group of people based on a dichotomy that works best in your favor and then argue that there should be no change. Why not apply color of skin to decide the limits, or maybe the language. Because frankly, which country I come from has nothing to do with why I am here, just as the color of my skin or my native language has no relevance to my petition. In any system if you club large group of applicants based on a dichotomy, and say you will get lesser share than the rest, isn't that how you describe preferential treatment ? Is there any other way to describe the current country-quota system? Why not say Tamil SriLankans will autonomously govern 86% of the land and rest of people in Sri Lanka should migrate to the remaining 14%. Is that how it works there? Probably not, then why argue for something which is actually nothing but preferential treatment. That's ok, in olden days, when racial discrimination was legal, people who benefited from it argued in favor of it, just as you are doing in favor of per-country limits. But the society is much better without racial discrimination. Don't you think so? Any special benefits accorded to one set of group over the other is preferential treatment. There is no other way to describe it. Now, if you got a job, which is why you are here, based on the fact that you are from Sri Lanka, then it is a different thing, then you must get green card based on which country you came from. But it would be illegal if actually you got got your job because you are from Sri-Lanka. Then why apply the benefit which is a direct derivative of your employment (and hence employment based green card) based on which country you came from? Is there any relation between your job and your country of origin? If yes, then it is illegal, if no, then why give benefit of your employment based on your country of origin, if no, and you continue to want the benefit of your employment based on your country of origin, wouldn't that be asking for preferential treatment? How else will you chose to describe it? Please help me to understand this.

    And here is what I wrote earlier, which you did not want to read because you probably have not answer for this question to help your argument, so very conveniently you just had to skip it entirely. Here is goes ....

    I thought we are all equals, unless you think you are challenged in anyways - physically or otherwise, in that case I agree, you are 100% right, there must be a special quota for you. For all others who consider themselves to be equal shareholders to the free society, isn't preferential treatment for any set of people "wrong" and "unfair"? Just asking? I mean are we not equals, if yes, then there should be no quota for any country, if no and you think you are superior, which maybe true, then I should get preferential treatment, if no, and you think you are inferior or otherwise challenged in anyways, well, in that case yes, you sure should be treat better than others.... you know....

    So what do you think you are - equal? inferior? or superior? I mean it has go to be one of those, right?

    Now if the Indians ask for more visas just because there are more Indians asking for green cards, wouldn't that be preferential treatment?

    NO. That would not be preferential treatment. Because as I said, India is not 1 human being who ought to consume the same oxygen as 1 human being namely Sri Lanka must consume. Each applicant in employment based green card is a separate human being. Hope you are not proposing to ration oxygen based on country quota.

    Look, I know removal of per-country quota may not work in your favor so you do not want to remove it. Tell me that it is not true and this discussion is over. And if per-country quota puts me at any dis-advantage as compared to you, isn't system giving you preferential treatment over me? How else will you describe it?


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  • fatjoe
    10-01 03:48 PM
    It would take at least 45 days. You will always get about a month's notice for the interview. As per my case, I got a notice on March 10, 2009 that my case was transferred to NBC and that I would have to attend an interview at local office. I got the interview notice around May 15th for the interview scheduled on June 25th.
    Hard and Soft LUD recently stating case moved to local office. Does anybody has any idea on timeframe for interview call? Dates being current I want it asap.

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  • pani_6
    06-12 03:04 PM
    lots of EB3 qualify for EB-2 after such a long wait and in the first case they were put into eb3 although they could have gone to eb2...

    I cant believe that EB-3 is at 2001 when we are getting to 2009..its really a shame on the system

    if this is how they treat people the entire h1b needs to be scrapped or people spend thier decades in slavery working this unpredictable system thinking that they will get in next few months..its like chasing a mirage in the desert....

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  • indianindian2006
    11-12 04:28 PM
    please provide link to this wonderful news.


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    10-19 10:19 AM
    Thank you, I've got it

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    03-29 04:24 PM
    @vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

    @bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

    Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

    If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done


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  • santb1975
    12-03 08:37 PM
    to do this as well and doing it doesn't gaurantee a Good Return on Investment based on the past experience

    I know we have set another reminder (with the 100's we already have), what is the biggest reason not to automate it ?

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  • pbojja
    10-02 11:12 PM
    EB2 india/china... see this..
    and then see this

    ab bajao ghanti... aur chup chap baithe raho
    (translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
    Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!


    Can you please give a back ground of yours before talking about others ? Are you CEO of some company ?

    First learn to complete your profile ...look at the 485 mailing and receive dates ..


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  • seahawks
    04-28 02:30 AM
    don't forget to file change of address AR11 if you move. People tend to forget this since after getting GC there is very little or no paper work required unlike people who are waiting like me:).

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  • gc28262
    03-10 05:19 PM
    Thank you for great effort. I hope you are not pulling a prank.

    Who is the IV member that has asked you to post this info?

    Please let us know so that we can all congratulate him.

    No ,This is real.

    I don't have his IV handle yet.

    All thanks to that great vounteer.

    Maybe we can use the same route to get info from USCIS.


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  • bondgoli007
    11-06 03:35 PM
    The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!

    IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
    Well said...We are all here due to the H1B visa and I am Thankful for it. However the fact is there is some fraud that goes on. It surely is not be as much as anti H1 folks contend it is but there is some prevention that can be done.

    The argument about anticipatory mode will not sit well with even most in this forum. The program is supposed to be on demand..If the visas are running out on first day, then the blame does go to the the anticipatory applications that eat up visas from actual engineers who have a job offers.

    Sen Grassley is somewhat right...however, without any parallel reforms in the EB process, all his speech did was come across as simply anti H1. If he is really concerned about the H1 program and its potential benefit , he should be equally be concerned about the H1B employees who are in the EB Immi limbo. So far from his track record, I am not inclined to hold any hope that he will equally pursue EB reforms.

    I totally agree with the post from WeShallOvercome....I absolutely feel the same way!

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  • kvrr
    04-30 12:28 PM
    Second contribution sent.


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  • bkarnik
    09-17 02:02 PM
    I guess republicans have devised this strategy to proposing different amendments as a delaying tactics so that none of these bills will be get approved.


    you are absolutely correct...when you cannot win fighting fair, fight unfair...and to make matters worse, the next bill to be discussed is the "horse slaughter" bill...we are still not on the horizon...:confused:

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  • black_logs
    04-14 08:16 PM
    You shouldn't feel sorry at all. We all admire the spirit and appreciate the faith you are keeping in IV.
    I just sent in my third $50 thru paypal. I wish I could contribute more. I am likely to come to bench soon and not in a position to do so. I feel bad...sorry guys.


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  • Humhongekamyab
    07-02 04:53 PM
    I could not help but to post all my research. i myself recovered money successfully from ex i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
    1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said afternoon he called the employer and asked abt the that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
    2) i waited for some time to give my employer time if he is going to give my money.but i did not thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
    3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
    4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
    also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
    5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
    do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
    the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
    this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
    I am not an attorney...i am just an immigrant stuck in GC Q like u guys....

    Thanks for posting your experience. Good job.

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  • kbsyed61
    04-23 02:20 PM
    On March 30, my wife was issued a RFE for her incomplete medicals (TB test & Vaccination). Yesterday our attorney submitted the completed medical reports and today I received an email from 'CRIS' acknowleding the receipt of our response and resumption of the case. Checked the Online status and it also showed the today's LUD. Will keep the IV posted with any further development on our cases.

    Here is the text of that email (seems very generic):


    Current Status: Response to request for evidence received, and case processing has resumed.

    On April 23, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location...... "

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  • Refugee_New
    08-02 12:18 PM
    Hello guys please let me know if i am eligible for filing WoM.

    My case details are:
    EB2, PD 02/12/2002.
    I-485 RD: 06/06/2007 and ND: 06/15/2007

    I have converted my EB3 PD to EB2. Last month i applied for EAD renewal thinking that it might trigger my GC approval(some people still believe in this)

    Today i received my EAD with 2 yrs extension. I consider this as a bad sign because USCIS clearly states that if the visa is unavailable then they will issue 2 yr EAD.

    In my case my PD has been current since i filed 485 except two months in this year when EB2 was U.

    I have opened 3SRs(on march, april, june 08), went for infopass once, written letters to 3 senators and 2 representatives on july 7th, 2008, sent fax to NSC, also sent letters to NSC and NSC director twice, called NSC several times. I could not get any status update other than the regular response(case is pending and waiting to be assigned)

    After taking all these efforts i recently received response for one of the SRs(for june 08) stating these type of cases taking time for approval and i need to wait patiently.

    I dont know if i can wait anymore because i have been waiting for close to 7 yrs.

    Now in this situation can you guys please let me know what i should do and what should be my next move?

    Do you guys think i am eligible to file WoM? if yes please guide me on how to do it.

    Thank you so much guys. Looking for some help.

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  • Macaca
    12-17 07:01 PM
    From pages 8-9 of Driving jobs and Innovation Offshore ( The impact of high-skill Immigration Restrictions on America, National Foundation for American Policy (NFAP) Policy Brief, Dec 2007

    India-based Patni Computer Systems agreed with the Department of Labor that the company paid 607 workers on H-1B visas less than the prevailing wage in 2004 and 2005. The Department of Labor did not oppose Patni�s contention that this was due to an accounting error, since the government did not assess any additional penalties and concluded Patni�s actions were not willful. Patni agreed to pay approximately $2.4 million to the 607 workers, which comes to slightly less than $4,000 each.

    It is worth noting that $4,000 per worker is likely less than what the company paid in various legal and government fees to sponsor the workers ($5,000 to $6,000 in legal and government fees).

    02-28 02:14 PM
    I had a quick question to ask. My, current H-1 visa is expiring on July 30, 2008. Also, my current I-94 and I-797 is expirin on the same date. I am eleigible to apply for extension 6 months in advance, starting Jan. 30, 2008. However, my question is if I apply for my H-1 visa extension now (say Feb. 28, 2008) and the extension comes by April 30, 2008; will that invalidate my H-1 visa stamped till July 30, 2008.

    Please refer me to any official memos if available. Thanks in advance.

    This is a wrong thread for asking this question. This thread is for discussing issues of using AP on future H1B transfer or extensions.

    However, as per my knowledge, your stamped visa till last date still remains valid. Pls check with your attorney.

    06-12 03:22 PM
    It is true that EB3 is unfortunate but the language of the law clearly states that Eb3 will get rolled over numbers that are not used by EB1 and EB2. There is absolutely no confusion about the language. However, it is to be noted that in an ideal situation where the wait is minimal (for which the law was made in the first place), this works perfect!
    Unfortunately, EB2 is back logged more than enough for Eb3 to get any numbers trickling down.

    Again, the language is simple and easy to understand.

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