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qasleuth09-23 09:22 PMNo one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(

huh ? You cannot google ? Let us know if you need help with the math.

Employment-Based Visas (

7 % country limit.

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sc308-20 02:50 PMThe item mentioned above is for EB2, meaning any spill over to EB2 is from unused EB1.

for EB3 the ACT mentions the following

Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

The meaning is EB3 gets all unused from EB1 and EB2... This is the catch, does this mean spillover from EB1 after EB2 catches up (or) spillover from EB1 even if EB2 is not current..

If they have done spillover from EB1 to EB3, even when EB2 is not current...we can give this a try.

Sorry for the confusion...Just got excited and went over the allocation of visas from the ACT dbe

It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?


2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.

Suggestion to go via AILA is a good one, but do we have contact into AILA??

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lotsofspace01-08 04:18 PMBackground:

It will be really great of we can get some or all of these requests are granted.
I have some friends who had their GC in in 16 to 18 months from soup to nuts. They changed the jobs to some thing really entirely different and better yet they stopped working and started their own companies and recently naturalized as Citizens. So they only honored their intent to work for the same company for 18 months MAX and they are citizens.

Where as many of us are working for the same company for YEARS together.

Question :

Since many of us have already fulfilled our intent to work for the employer many times over, why would we still need to get a job in Similar or same occupation to change ?

I know we are now requesting them to change the definition of same or similar so that I can take a promotion in the same field. What about people who acquired different knowledge and want to put to use ?

A friend of mine wants became proficient in photography and wants to become a professional photographer full time. He can't even in new case.
Another friend got a MBA finance (currently working in IT) can't become a financial consultant or investment banker. But for the retrogression, they could have done what they wanted the second day after getting the GC.

Did it ever occur to the core to request a relief so that , if you worked for the company in the job for which GC is filed for XX years (say 5 for example), you are no longer required to look for the same or similar occupation when you change the job ? (Because of the delay in approval of the case due to retrogression and you have already made good on your promise of working for the company.) .

Or is it too much to chew ?

PS : This is not to find fault with any one (person or organization). Let the ideas keep coming.


Minds are like parachutes. They only function when they are open.

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royus7706-29 09:07 PMThis is very serious now, We all better be prepared to screw USCIS if it messes this time.

Lets wait first for our fee checks to be back .....


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logiclife01-04 10:23 AMBecause even with this detailed information on the mechanics of immigration legislation, we cannot figure out who is friendly and who is not and who to lobby to and who to ignore.

This kind of complicated stuff is not a typical IT programmers domain.

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punjabi03-29 09:51 AMI didn't see any news like this on the website you mentioned. Can you please share the link?


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sundarpn01-16 01:16 PMI check with my attorney here if there is any way to check this ahead of time, but the answer was negative.

I guess each of u can check with your attorney and post the responses here

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EndlessWait01-24 11:39 AMI had the misfortune of travelling thru London in December on my way to Mumbai. After I purchased my tickets, I learnt that I need a transit visa (TV) for UK. (Who is going to tell them (UK) that they are no longer the center of attraction esp. if you have lived and worked in US). Anyway, as per the rules, you need a transit visa if you don�t have a valid US visa. (Note: If you have AP, and don�t have a valid visa, you still need a TV).

I went to their site and did all the research to get a TV. Good god Heavens! Has anyone filled out their painful form for a TV? Besides asking the usual details, they get extremely nosy. They want to know each and everything about you. Where you work, what money do you make, name of your wife, kids and their citizenship status, name of your father and mother and where they were born, their birth date, how much money you have and where the money is (stocks, bonds, CDS) etc. etc. While filling up the form I realized that, even my future father in law did not pose so many probing questions to me. (Please note: I don�t mind answering these silly questions for a regular visa, but for the damn TV, it is certainly overkill).

Anyway to cut the long story short. The regular cost of TV is/was $92. However, when I filled up the application form they were asking for $184. (The satisfaction of getting a good deal on the tickets was quickly evaporating). I assumed I must have made a mistake in thinking the cost to be $92 and reluctantly paid $184. Next it was time to fill the application for my wife and answer the idiotic questions again. You should have seen the �I will kill you right now� look on my wife�s face after I woke her up in the middle of night and asked details about her parents. After I filled up the form, to my surprise, now they were asking $274 for visa fees. It was already 2:00 am and I have no choice but to painfully enter my credit card details, hoping that they would realize the mistake in their recon process and would reimburse the difference. (Of course, I was only dreaming).

It is now almost the end of January and I have still now received any money from them. I have tried sending several email to the emb(ass)y, but none of their emails work. I get bounced email for all the emails that I have used. I have tried calling them and left messages and no one has called back. I have send emails to my credit card company and the people who processed the payment and none of them have been able to help me. There is a way to talk to someone in the emb(ass)y, but you need to dial a 900 number, which BTW costs $2.49 per minute. Throwing good money after bad is not an option.

I just wanted to share this experience with you and remind you of the pain ahead, if you are travelling thru UK and don�t have a valid US visa. Personally, even if they had charged me the regular $92, I will still use other options to travel next time. The amount of time wasted in filling the crappy application form, going to NY, (starting Dec doing your finger prints) is simply too much to handle. Visiting your motherland/fatherland is a very special occasion and all these intermediate steps certainly water down the �good feeling� that you experience during the days leading to your trip.

I haven�t given up my quest for a refund, but now, not only I want my money back I would like to bring back home the Koh-i-noor too.

of all the smooth talk..cmon we all know the one time might power ruled the world.. so its not easy for them to get over with..well for those who dont like i always say..just boycott..but i know lots of them will still give in and take the pain...

the way i see..if indian airlines were upto the task.. we could have direct flights from all major cities in US..but then again how can I simply blame the British govt. for tormenting us..its the Indian govt. who can't sort this..either encourage big businesses to launch international flights with world class service..that's something which we have to wait!


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vdlrao01-05 12:21 AMThis is TRUE and a Very Valid One. And this the time for such a bill.

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chanduv2301-10 10:26 PMChanduv23:

I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.

Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.

I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.

I am pretty straight forward in my approach and do not know how to "sugarcoat". This is not my own organization, I am not the founder of this organization, I am just a member like you. While it is individual's choice of doing what they want to do, what I have noticed is that the negative energy does have cascading effect, especially when things do not happen, those who spread negative energy seem to influence people. Once again, this is individuals own perspective. The fact that things do not happen easily we have to blow trumphets into the ears of people. Like a member said sometime back "Eagles which never flew - would not dare to fly until they are pushed, and when they are pushed forcefully and dropped into the air - they automatically start flying".

I have done what I can in the best of my capacity and continue to do so, I have considered IV as a self help group and also conducted meetings in the tri state area and continue to motivate people to make them feel a sense for the community.

If you look at IV as YOUR organization - you can see why it is important to feel a sense for the community.

The biggest issue our community faces today is the flow of negative energy. To quote examples, I was able to convince some friends for the rally in DC. Everything was going well, now when these people discussed with their collegues they were reluctant and did not show interest. The negative energy prompted my friends not to attend the rally because they felt that not many people are going for it and they tried to convince me out of IV. Such negative energy flows everywhere in the community and we have to overcome it. We can do it only by example.

Look at all those other immigration forums where people are talking bad about IV including their administrators and their owners - people who follow those websites will hate IV and hinder all our efforts. Such negative energy when it is flowing at a greater level - will cause more and more damage to our community.

It is simple - if you attack me for what I do - you are spreading negative energy - you are making a common man take a back seat and not encourage them to cooperate

If I point at h1bmajdoor's posts - I am doing it just to make sure that the positive energy flows and negativity does not influence the community.

it is a tough battle especially when you have thousands of daggers pointing at you ready to poke you.
Well, you say I am a smartass - so be it.

And if you do not support the community - stay away - why poke at someone who is doing something?


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das005-22 01:13 AMWill USCIS mail my green card on UPS rental box (NOT a PO Box)?

UPS rental box has Suite Address.

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abuddyz01-17 04:02 PMeveryone,

please also post the detail about when was your H1 approved. In which month and year. It might be possible that recently approved H1 is talking more time... just my guess.. if we post about H1 approval time frame then it will help us to decide something about which cases are taking more time..


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senthil107-10 01:32 AMEveryone knows that increasing green card numbers will be best solution. In that also if we ask too much we may not get anything. Double the number of annual Gc plus exclude dependents will be enough for reducing retrogession but that may not eliminate. But waiting period of 2 to 3 years can be reasonable for most people. I am sure one more chance will come for increasing H1b numbers. That time we can try for GC increase also.

But I am supporting the flower Campaign for protesting the VB mess up though it will not solve the problem

You seem to be pretty good at analyzing faults in others' ideas and thoughts . What are your suggestions to acheive releif from retrogression.

You can suggest too ...

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TeddyKoochu04-01 04:46 PMThis is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.

EB2-C - 3521
EB2-I - 9345

The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.


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rock06-22 10:30 PMI am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?
Hi Guys,
I am also in the same situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.
I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485.
I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file
EAD and AP even though the priority dates are not current.

I would appreciate the answers.

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cram06-20 09:44 PMFor an employment-based petition, in order to proceed and be valid, they need to still INTEND to be employed by the sponsoring employer if and when they get their green card. The employer however, does not need to sign any forms per se with relation to the adjustment petition. If the alien is currently working for the sponsoring employer (on H-1B or other) he or she can port or transfer employers without penalty or without losing the
green card process 180 days after they file the I-485 petition. At that point, they can change employers and work for whomever they wish (provided they have a valid work permit)

I have an employment-based petition and I'm presently unemployed. From what I understand, the sponsoring employer can hire me when I get my green card. So, when I get my EAD, which is most probably in 3 months, can I use it to work for whomever I wish?


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chanduv2309-09 02:59 PMLets keep this thread on top.

Come on folks, lets burn those phone lines.

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desi393308-25 11:24 AM>> Guys, I am also not going anywhere, . I am here for 10 years now and its my life and I like it.

Thats sum it nicely. Nobody wants to go back.

Though you are sending "I am going back unless you fix it" cards, you are actually not serious about it. Great. Just Great.

And you think, that will fix the system.

To the "brave" person who gave me red dot with this comment
u r a sicko...even after getting citizenship u r here and that says a lot...looks like you've no friends and family. Feel sorry for u - Loner.

Hope you are feeling better after venting out your frustration. It was so nice of you to leave "anonymous" comments.

Good Luck to you.
Wishing the very best for you!

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ArunAntonio07-09 06:51 PMfrom doing that, what do you think you would achieve by the flowers being delivered at the hospital instead of the USCIS, the point has been made and the Director has acknowledged the effort - That was the end goal and infact the flowers will do more benefit to those in the hospital.

Call the place where you've ordered flowers and ask for a refund if flowers are delivered elsewhere. It should be up to USCIS to recieve and then ship those flowers to the hospitals.

lostinspace01-26 01:08 PMIt really is amazing how much hot air has been generated on this thread over a well established transit visa requirement.

The reason transit visas are required in the UK is that many passengers with an intention to transit the UK have stayed. The transit visa was introduced as a way of making sure (as much as possible) that the passenger has the intention and the ability to transit the UK and to enter a third country.

The list of nationals that are required to have a visa to transit the UK represents a list of countries where there has been a particular problem with over stayers. It is not race based, but merely an effort to target the problem.

It really does not matter what anyone thinks about the transit visa requirement because it is UK law. Everyone has a choice whether or not to transit the UK. Going back to the original post, to book a ticket without researching visa requirements and then trying to deflect personal responsibility by blaming the visa requirement is ridiculous.

Mygc20060909-14 09:47 AMOn (9/13), I got the I485 approval emails for me and my wife:

1.) Priority Date --> 03/09/2006 (Nebraska Service Center)
2.) 485 Approved on --> 09/13/2010 (SLUD 9/04/2010)
3.) Pre-Adjucated Yes/No --> Not sure.
4.) Info Pass Yes/No --> NO
5.) USCIS Contact Yes/No --> NO
6.) Congressman Yes/NO --> Yes

Contacted Congressman on 09/02/2010
on 09/03/2010 (These cases are currently with an officer. They should receive a decision or other notice of action within 30 days.)

7.) Service Request Yes/No --> Yes

opened SR on 09/09/10 "outside processing time"
Got the Email on (09/10/2010) The status of this service request is:-
LIN-00-000-XXXXX Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter.

8.) Contact Senator Yes/No --> NO
9.) Recent RFE Yes/No --> No
10.) AC-21 (Employer change) NO
11.)Ported Case(EB3->EB2) Yes/No --> No

On September 13, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

For all those who are in line - just hang in there - it will happen.


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