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  • gc_chahiye
    12-21 12:54 AM
    He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.

    unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...

    the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.

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  • coopheal
    03-10 08:34 PM
    I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
    Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.

    I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
    I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
    If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
    Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.


    If you are even remotely seriously about what you are taking update your profile.

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  • diptam
    07-24 11:14 AM

    I signed a bond of 10G for getting a hardcopy of this letter mailed out by June 29th from my company's NJ office. This is initial evidence that you have FUTURE job offer and without it the 485 will be rejected.

    If someone is lucky let they be - Do NOT make this mistake of not sending this letter in ORIGINAL.


    I will try to dig out the actual memo. But this is from the oh law firm page:
    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    * As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
    * One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."

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  • sammas
    07-12 04:41 PM
    Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!


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  • jcgc
    02-21 01:48 PM
    If it is infact true that Eb2 India can benefit from unused numbers in EB1 (ROW+India+China+Mexico+Phillipines), it will be great news!! I

    I had estimated that Eb2India pending applications (with PD earlier than or equal to Dec31, 2003) are probably about 4,900. This is almost 1.75 years worth of EB2India quota. If there is no spillover, then someone with Dec31, 2003 PD would have to wait at least till mid FY10 to get their GC. However, if there is spillover (especially from EB1 ROW considering that EB1India may not have much left). It will all depend on how much of this spillover will go to Eb2China and how much to EB2 India.

    Andy_GARCIA posted this in another link
    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114


    Seems like the demand for EB1 ROW fluctuates a lot. In Fy05 the consumption was very high and probably there was no spillover to EB2 (could explain the retrogression for Eb2India). But given that EB1ROW has always been current, it leads me to believe that there will be surplus here. It all depends on how much.

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  • zen
    04-06 08:55 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.
    well if the employer is not supporting you ..then maybe the IO does have the authority to refuse ?? (well assuming that these cases are correct ..then I guess we can assume that IO has recd instructions from his superiors) it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)


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  • Jerrome
    07-13 08:30 AM
    Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.

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  • pitha
    10-20 12:24 AM
    nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.

    Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama


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  • pbuckeye
    02-12 03:06 PM
    What advertisement? I was just trying to see if there was any truth in "he who shall not be named" 's assumption. I am convinced of the facts now, which was the point to begin with. Does every post have to be part of an agenda (too much Zee TV watching )?

    thanks to kumarc123 for bringing some comic relief to this wound up thread.

    P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.

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    05-05 02:57 PM


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  • GCcomesoon
    04-24 09:13 PM

    After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.

    Had anyone experienced this scenario ?
    Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.

    I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.

    Thanks a lot

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    I131,I765 approved for both -Nov 2007
    I485 approval mail - 04/24/08 - Myself
    Waiting for spouse approval, physical Cards

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  • Saburi
    03-09 03:25 PM
    Hello Friends:

    As i was expecting, this happened exactly like that its nothing to be shocked of when some thing does not move for 4 months in a row for EB3 I then what do you expect to get this move so fast looking at the patern right now i think the next month and for the next 3 months atleast it will be the same dates and if we are lucky then it might move and be Dec 2001 after few months.

    My PD is Dec 2001 6th Dec 2001 to be very exact so may be after Jul 2009 my PD will be current but look at people who are EB3 I and thier PD is 2003 to 2007 forget about GC this 10 years, unless there is a big releaf given by Mr. Change (Obama) which is unlikely to happen atleast for 2 years from now as he has lot of other important issues to resolve such as terrorisim, Economy, and much more bigger issues.

    The only way we can make somebody look at us is having a big protest on the streets of Washington DC and doing some massive campaign such as writing to Obama, just imagine if every one of us writes to Obama about our pain there will be atleast 500000 letters or email he might be receiving with a big rally in Washington, this might make this look like a big problem for everybody even Mr Chnage will have to pay attention to this we are not asking for amnesty or favaouring Illegal immigration and i am sure every body will agree or atleast won't dis agree to the fact of our demands to get more visas or atleast have the recaptured visa make available for EB3 I.

    I am not a big time voluntier or have participate in any rallies so far but would not mind to do if this could resolve everybody's problem, as mentioned above my PD is Dec 2001 and would be very soon out of this atleast would not have to wait for years and years for this PD to be current but the cause of doing this is once i get my GC i will be not visiting this site more frequently, and the number people in this forum will be far lesser that what we are now, atleast 500000 people.

    If this does not sound a good advice please excuse me but if this does sounds good please if somebody can draft a letters and post it so everybody can email this to the president.

    And please do not ask me for any contribution finialcailly as i am broke and tring to recover from my debts, finally have got a secured job but since its a bad economy not getting paid much that i can contribute any dollars towards this nobel cause.

    As mentioned earlier please forgive me if this sounds too lenghty and stupid to even read this.

    Best Regards



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    11-27 07:50 PM

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  • sparky_jones
    03-12 08:30 AM
    This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.


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  • kpchal2
    07-18 12:17 PM
    hi tapukakababa, the number is for the national customer service center but you mentioned you called the nebraska service center. so did u ask them to transfer to that service center or ???. i would like to talk to those guys and see what they did wityh my application. i guess we already had a painful ride and if it does not yield the right fruit then it really hurts us bad.

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    07-13 07:46 PM
    just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

    reasoning was Oct # would be released so they r trying to capture as many # as they can

    I am april 2006 and it seems it will be a 1 yr wait foir me now.

    This is completely bullshit...... I bet on it that the dates will never come back to Augst 2005.
    He must have said Aug 2006 not Aug 2005.
    Whoever the lawyer is, he has no idea of how cutoff dates are calculated


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  • another one
    07-09 02:26 PM

    Azulay Horn & Seiden, LLC Files Class Action Law Suit against the US Government for Refusing to Accept Green Card Applications

    Chicago (July 9, 2007) � In the shadow of the debate about comprehensive immigration reform tens of thousands of skilled employment based immigrants awaiting their opportunity to legally apply for green cards have been unfairly denied the opportunity due to potential deliberate miscommunication � and an attempt to collect higher filing fees � from the U.S. Department of State and the and U.S. Citizenship and Immigration Services (USCIS), the agency that processes visa and citizenship requests.

    On June 12, the State Department announced in its monthly Visa Bulletin that beginning July 2 and for at least the entire month of July, all skilled workers seeking employer-sponsored green cards would be eligible to apply. However, on July 2, the State Department announced that they were breaking with 30 years of tradition and issued an update claiming that no more green cards were available because �the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month.� USCIS followed and said that as a result they were going to reject the green card applications of anyone who applied relying on the July Bulletin. This meant that the thousands of immigrants who followed the government�s instructions and obtained the correct paperwork actually had no chance to receive a green card.

    In response, Azulay Horn & Seiden, LLC, the largest immigration law firm based in Chicago and fourth largest in the United States, on Friday July 6, filed a class-action law suit on behalf of its clients and all those like them, against Secretary of State Condoleezza Rice, the Department of State, Secretary of Homeland Security Michael Chertoff, the Department of Homeland Security, and USCIS, and Emilio Gonzalez, and F. Gerard Heinauer of USCIS for announcing that they would refuse to accept the green card applications on behalf of the skilled workers. The suit seeks a ruling that would keep applications filed in accordance with the original July Visa Bulletin from being rejected.

    Azulay Horn & Seiden is the first firm to act proactively and file a complaint. �These are legal immigrants who have followed all the rules,� explained Ira Azulay, CEO of the firm. �They are productive members of our society and deserve to be treated fairly by our federal government. The State Department and USCIS acted against their own rules and 30 years of historical practice when they updated the Visa Bulletin and reneged on their historical obligations. They need to be held accountable for their actions and do right by these people. Acting any other way sends the horrible message that following the rules is worthless.�

    The representative plaintiff in the case is Chicagoan Gabriela Ptasinska, a native of Poland who is lawfully present in the United States on a non-immigrant visa, working as a land planner with Manhard Consulting, Ltd. Given the Bulletin, Ptasinska and thousands of legal immigrants across the country worked to obtain the necessary documentation for their chance to receive a green card only to have it snatched away on July.

    �I am a law-abiding, hardworking member of American society and have worked relentlessly to lawfully become a permanent resident of America,� said Ptasinska. �Now I feel like the rug has been pulled out from under me. I held-up my end of the bargain by doing everything the government told me to do, but USCIS did not keep their word.�

    Mr. Azulay is available to discuss with the media the class-action suit and the impact of the government�s recent actions. A copy of the complaint in the matter of Gabriela Ptasinska, on behalf of herself and all others similarly situated v. U.S. Dept. of State, Condoleeza Rice, U.S. Dept. of Homeland Security, Michael Chertoff, U.S. Citizenship and Immigration Services, Emilio Gonzalez, and F. Gerard Heinauer, Case No. 07 C 3795, can be downloaded from Azulay, Horn & Seiden�s website at People interested in joining the class can also visit the website to provide their information.

    Azulay, Horn & Seiden, LLC ( is Chicago�s largest immigration law firm and the fourth largest immigration firm in the country. AHS provides comprehensive US immigration legal services for businesses and individuals (including visa petitions, green card services, consular assistance, naturalization proceedings, immigration representation in all U.S. Courts, and appellate work), immigration consulting to businesses, as well as immigration related legal services (e.g. family law, criminal law). Its main office is located at 205 N. Michigan Ave., 40th Floor, Chicago, IL 60601, with other offices in Florida, Wisconsin, and Manila, Philippines. For more information contact them at 312.832.9200 or by email at

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  • desidude
    09-26 11:47 AM
    I just sent an email to the editor... hope these mails open their eyes and they repost the correct article... :D

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  • 24fps
    02-13 02:47 PM

    his choice of words was dramatic/wrong but it does'nt take away the fact the veracity of the article he's posted.

    i've been hearing about this for a while as well, and it needs to be debated/looked into

    10-21 01:27 PM
    Hi Guys

    At last today is my day.. online status changed to "Card Production Order" :)

    Hope every one will get soon.


    Can you please post your timeline here?

    07-24 01:33 PM
    we have to demand for allowing to file for EAD and Advance payrol.


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