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  • willwin
    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.

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  • chanukya
    05-30 09:57 PM
    Voted just now--Aye

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  • garybanz
    11-03 01:28 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

    Not a legal advice.
    US citizen of Indian origin

    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?

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  • JunRN
    12-20 05:43 PM
    Good read here:

    Risk of GC Rescission for Failure to Notify Change of Job / Employer!


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  • summitpointe
    02-12 08:15 AM
    When you were working for your previous employer, he might have given you a paycheck. You can contact the paycheck company and get your W-2.

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  • skp71
    03-18 09:31 AM
    Instead to lobbying politicians, why don't we file tons of lawsuits againt USCIS for the process delay? July my opinion.


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  • venkygct
    09-03 03:38 PM

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  • pd_recapturing
    03-27 12:26 PM
    Thanks Sanbaj, Please share the info if you get to hear anything from USCIS on this?


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  • xyz2005
    08-22 10:30 AM
    I guess we have to request Greg Siskind to post it on his blog? Usually he is very good in doing that

    Best Regards

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  • acecupid
    06-29 12:22 AM
    This thread makes no sense... everyone is out to sell each other out. Why would anyone want to wait. Besides, do you think 100% of applicants are on IV and agree to file late? Utter nonsense... People who have their applications ready should apply on July 1st.:D


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  • Jimi_Hendrix
    12-12 12:52 PM
    is definitely better than no movement. My application is still 3 months retrogressed now. Getting closer albeit slowly.

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  • pointlesswait
    11-19 02:28 PM
    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.

    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.


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  • jonty_11
    05-22 03:20 PM
    more i want more of these logiclife said - THIS IS NOT A JOKE ....

    Let explore any and all options here to become illegal and qualify for a Z VISA

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  • RandyK
    02-20 04:43 PM
    Can anybody estimate out of the 47000 identified cases that is affected by Name Check...

    How many are real old PD's like

    Prior to 2003

    Between 2003 and 2005

    Between 2005 and 2007

    India / China / Mexico / ROW


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  • WeShallOvercome
    06-17 07:28 PM
    LC applied : Dec'2003
    Approved : July' 2006
    I-485 RD : July' 2007
    I-485 AD : Nov'2007

    - How has greencard changed your life after receiving it?
    A cautious sense of freedom. Suddenly a lot more opportunities opened up and more employers started to show interest. My Desi employer is suddenly on the receiving end and I dictate the terms. Yes, Still workiing with them after 6 months, but that was my own decision to stick with them. Leaving them next month for a 50% raise in salary :)

    - What did you do on the day you received it?
    I got up at 7:00 that morning of Dec 3rd, (starting dec 3rd my date was not current anymore) , still half asleep, checked my email and got the shock of my life --"Welcome notice sent..." checked it multiple times then woke up my wife and almost dragged her to the computer and made her read the emails with half closed eyes... Our town recieved record rainfall that day and all streets got flooded, so no work :) Went to a Thai place for dinner that night with another family who are very close friend of ours.

    -How did the long wait upset your life?
    The feeling of uncertanity was terrible. Had to deal with the employer on a daily basis. They sat on my paperwork for 6 weeks, made me sign a million agreements and still did not file my case in June even though my date was current. I was devastated on the morning of July 2nd and rest is very well known to everyone here.

    -How did immigrationvoice help you during this long wait?
    What can I say? IV took me from what I mentioned in my last point to where I am right now - Waiting for my paycheck with 50% more and above that without any doubts about it coming :)

    - Would you like to continue your support to immigration voice and help others waiting?
    YES - Or I wouldn' be here 6 months after gettting my GC. Sent another contribution of $50 today.(Paypal Transaction ID #23M509897Y2455252)

    - Any advice for everyone?
    Have faith in yourself and God. and remember whatever happens , happens for the best.. Even We agree that the GC came at the right time for us. My wife got to spend 100% of her time with our daughter until she was ready to go to a pre-school. And we got a very good friend during the DC rally.. Hello EB3Retro ! :)

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  • ilikekilo
    04-07 10:02 AM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.

    I absolutely support this idea, hopefully this would strengthen the donor base as well and encourage people to come out and help themselves..

    Its good to see these kind of innovative ideas coming out..


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  • kris04
    08-17 07:53 PM
    Dear Friends,

    One more to the list , with significantly older I 485 RD

    EB2 - India
    PD: July 2004
    I 140 AD: May 2005
    I 485 RD: Apr, 2005, AD::confused::confused::confused:
    NC-> Cleared , received letter from local Congressmen office who forwarded the note from FBI, confirmed again through Infopass.

    Note: As per the last call with NSC , my case was pre-adjudicated, Biometrics are current and everything is clear, but not yet assigned to IO

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  • tnite
    07-04 05:26 PM
    Medical - 350
    Gas - 100
    Photos - 60
    Xerox - 50
    Affidavits - 200
    Hotel in NJ - 100
    Paralegal Fees - 700

    I flushed $1560 down the USCIS toilet

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  • eb3retro
    10-24 04:08 PM
    You deserve a gc right away after such a long and painful wait. Dont lose hopes.

    Thanks for the good luck . I really need it !

    I am hoping that it would be something simple as well.

    - I am guessing it might be about employment verification (since its been a long time),


    - Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?


    - some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)


    - Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)


    - Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !


    - Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.

    What could be other reasons that you guys can think off?

    06-03 11:03 PM
    Yes. misrepresentation is risky and dangerous and no one is asking you to do it. All I am saying is don't submit information that weren't asked and expose yourself. For example if you only need to w2s for 2006 and 2007, don't submit 2004 w2s when you were paid less etc. IOs make the decision with the information provided to them and issue RFE only if the info is not sufficient or require clarification. In fact this is what even UnitedNations wrote in other forms.. i.e. don't pro-actively submit extra documentation.

    Coming to my wifes case, apparently, according to company records she was their employee since the start of H1B approval, but they were reluctant to put her on project and payroll with out SSN. When we mentioned this, the company owner was very cooperative and in fact ready to give us any letter we ask in case of an RFE or any time we request.

    Btw, do you honestly think I (or my attorney/assistent who filled the entire application for us based on the documents 'he asked us to provide' - We just signed it) don't know what you were saying about mis-representation?? Remember, I didn't even know there may be problems with her 485 till I posted on this forum so no question of any deliberate mis-representation. Since our attorney asked for copy of every document 'specifically' as a bulleted list separately for both of us, we assumed that he would point out issues if there were any. :).

    Also, this is exactly what I was saying.. why do come and visit this form, go back and pull my first post and quote on it?? :). If you have a suggestion or solution, please do offer.

    Anyways.. Wish you all the best. I hope your wait would be over soon.

    Most status related issues are wiped off after a travel outside US.

    What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.

    07-28 10:52 PM
    There is a question about removing per country limit at the end.These morons are very concerned that no single country (meaning China and India) overwhelm the supply of immigrant visa's. I wonder if they will consider applying country limits when passing amnesty :D

    .limit or no limit..they WILL end up with more Chinese and Indians anyways than other nationalities..just because of the sheer numbers, from these two countries....

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