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  • 485Mbe4001
    11-14 11:50 AM
    Lou Dobbs was in Orange County this weekend as a Keynote speaker at the The World Affairs Council of Orange County. He launched into his usual vitriolic diatribe, there were many business leaders at the forum and he ended up polarizing the crowd. Some felt that he is all talk with no practical real life experience managing companies, his ideas are over the top and cannot be implemented. He never ran or lead a fortune 500 company or held a major political office, yet he critiqued the very organizations who sponsored tables for this dinner. A few did get carried away by his speech, i have to say that the crowd at the back was cheering wildly for him while the executives in the front were subduded. BTW this person with socialist leanings has hefty appearance fees.

    We would be better off not wasting our time on him or rebutting his indirect accusations, he is playing to his crowd. We should play to ours.

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  • rimzhim
    02-01 03:05 PM
    There is one more thing that not many people are aware of.

    Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
    could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.

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  • senthil1
    06-15 12:34 PM
    It is completely unpredictable. Actually when you file I485 USCIS does not process FIFO(They are supposed to). For example there are 10k gc are left for the year. First they will process the applications which are cleared FP based on PD and receipt date. Always risk is there when filing without marriage. You are safe till USCIS starts process your application. When they take your application for processing then you cannot add your spouse. Also if CIR decides to process backlogs faster then also you will be in problem. Best option is if your marriage is already fixed do it within 3 months and file GC before PD is backdated. You need not file July first. You can wait till Jul15 to see next VB and decide.

    You guys are amazing.. I have one hypothetical question.. Please pls let me know what you would have done in the below scenario. I think a simple yes or no answer is what I am looking for.

    PD is Apr 06 - I-140 approved - Currently Unmarried � WILL TAKE ATLEAST ONE YEAR BEFORE I GET MARRIED - My Spouse will be residing in India at the time of marriage - Spouse would not have any valid U.S visa (H1 or L1).

    I have read this thread and others, and I think I understand a little on how the process works. I am looking for your gut-feeling answer if I should apply for 485 or wait till I get married. Let�s assume that my marriage will take place only after one year from now.

    I know it�s a very very tricky situation, I am very confused. Obviously, my preference is to wait for a longer time to get my GC, than separated from spouse for years.

    Should I apply for 485 or not?

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  • dixie
    02-14 01:49 AM
    Spot on. i think the anti-immigrants grossly magnify the hue and cry over H1-B abuses. Most americans dont know what H1-B is and nor do they care. The only immigrants they have heard about are the illegal kind. Ordinary americans are mostly indifferent to legal immigration. Politicians care first for their votebanks (present and future) and second for their sources of funding aka corporate lobbies. They are the ones who have the ability to make a difference.

    I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.


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  • Hassan11
    03-14 09:01 AM
    You need to relax and change your tone. This tone is very inappropriate in this forum. We are here to ask questions. You have no right to talk to people like this. Just because we are trying to understand a very obvious change in policy from USCIS, it doesn�t mean that we are against you or anybody in the same position as you. I am happy that EB2 India has established a cutoff date, but I can still ASK questions on this forum. Stop patronizing people and CHANGE your tone.

    since you seem to be completely unaware, let me rub some salt, go read Act 202(a)(5) and educate yourself.....yeehaw !!! dbe

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  • sanju
    03-11 10:52 AM
    Why do you bring Malice with you, everywhere, seriosly how does your family stand you ?
    I have seen your posts earlier, they are full of abuses, unjust full of most useless comments, let me tell you one thing, it is a very well known truth people who are most abusive on cyber space, are most fattoo & have been beaten up kind of people because they spend their life in threat but on cyberspace they become Lion. You are a typical Cyber Sher... But in real life I can guess....


    This is very interesting. "A friend" just sent me a message telling me that you had a conference call few days back. In that call, this is what you had to say, and these are your words and I quote -

    "I do not have much knowledge of political system in US. I do not understand much of the politics here. That guy with a changing hat, sanju, he seems to be very knowledgeable about the politics and current affairs. I will contact him to seek his help."

    Now I am totally confused. In private phone conferences, out of everybody on this forum, you can single me out and describe me just a fewdays back as "very knowledgeable about the politics and current affairs", but your post in the public forum above says "you bring Malice", "unjust full of most useless comments", "most fattoo", "spend their life in threat but on cyberspace they become Lion", "typical Cyber Sher".

    Can you first debate yourself and decide which one is it? "very knowledgeable about the politics and current affairs" or "most fattoo"? :p



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  • ilikekilo
    04-15 03:14 PM
    Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
    Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.

    I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
    Just hoping (and praying) that this can be solved smoothly.

    GC is really proving to be a daaawg....


    tell me about it, let me know if you need anything...good luck 2 u..keep us posted..

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  • ab_tak_chappan
    08-20 01:13 AM
    albertpinto dont be jealous dude :) :D:mad::D:mad::D
    I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc ?
    and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
    maybe they should make new citizens apply for passport every year and tell them to renew DL everyyear and after few years I will ask him if the wait was worth it ??


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  • addsf345
    11-07 04:47 PM
    I am bumping this old thread since I might have missed something in this discussion.

    Some advantages of staying on H1 stated earlier were:

    For me:
    (2) is invalid (Already married, wife on independent visa)
    (3) don't know (Heard it's more flexible now, so willing to take this risk)
    (4) USICS started issuing 2 year EAD, so the difference is only 1 year additional extension with H1 (Not a problem for me personally)
    (5) is invalid (Most of us renew EADs even if we dont use them)

    which brings me to (1). How does having H1 give peace of mind? Hypothetically, if 485 is denied and H1 was extended beyond 6 years based on a pending AOS, is it still valid during MTR/Appeal? If it is, since EAD doesn't provide this privelege, I think this is the only reason why people should stay on H1?


    NO point#1 is not true. in fact it is biggest misconception - I remember reading some where that if you have consumed all your 6 years on H1, your extension of H1B beyond 6 years is only based on pending AOS. So in this case, if your 485 is rejected, also your H1B. If you continue to work on H1B even after this, it is illegal.

    (This is what I believe & I may be wrong. I am not lawyer, this is not legal advice & check with your attorney first before deciding anything)

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  • WaldenPond
    03-13 07:55 AM
    I am an IV old timer and I was wondering where the IV old timers were?

    black_logs, ragz4u. logiclife, waldenpond, berkleybee, shilpa?

    How many core IV members have already received their GCs besides Aman, just curious?

    Of late is there anything of note even happening on the lobbying front? IV seems to have become another Immigration Portal kinda website where people are now posting all sorts of info, some of it not even immigration related.

    It would be nice if someone in the core team updated the rest of us, who cannot join the state chapters due to personal reasons on the website.


    Logiclife and Pappu are attending a personal matter of utmost importance at this time. WaldenPond (that is me) is here to answer your question and continue to actively participate in the activities of IV along with Logiclife and Pappu. Others names in your list have not been working in IV since long time � 2006. So don't know how to respond to your question about any of the other names.

    Advocacy is a long drawn process and we do not think it is the best interest of our effort to declare on-going advocacy efforts on the forum even when it means that we will not be able to quench the curiosity of some of the members. It will hurt our cause if we continue to announce advocacy effort details on the forum.

    Periodically communicating with members stuck in green card backlog in your community/state takes just couple of minutes in a week and is not demanding at all. This channel takes extremely less time to update yourself with what is going on. So that is the channel we are following at this time to share information. As such we request you to please join the group/team in your local area and use that channel to get the updates. When there is an update that can be shared on the forum, we do post the update for all the members.

    I received my green card in June-07 and shared this information on the forum earlier. There is one other member who received green card in past few months but for the purpose of privacy it is better for the member to have the choice if/when to announce on forum. I hope you understand and appreciate if someone decides not to announce a specific personal information on the public forum. No other member of core team have received their green card and regardless of the fact whether we have received the green card or not, we continue to do everything possible to work on fixing EB green card delays/backlogs.

    Hope this answers your questions.



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  • FraudGultee
    04-20 05:18 PM proves.

    seems like you can not resist... dont know what are you proving here..... :mad:

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  • gjoe
    10-28 05:35 PM
    I was seeing lot of posts in this forum about reverse brain drain, so I wanted to comeup with a question which would answer my question without doubt.
    I wanted to see if all those who are in the GC queue and think that they are a very important for America and insist on that in their signature by saying "Help us stop reverse brain drain" are really meaning what they say.

    I beleive if we are so much in demand we can get a job in another country and have similar quality of life or better. So only poeple who are confident of the reverse brain drain and America should stop it will not hesitate to vote "Yes" if they are so frustated with the GC wait times.

    Once again thanks to everyone who so far particiapted in this poll and posted comments.

    Some people have given me negative reps for this poll saying it is useless but never say why "they" think it is useless. I would appreciate if you can post your opinion with those negative reps. Offcourse postive reps can be without opinon :D


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  • cooldude
    07-19 10:00 AM
    As far as I know from friends who have had similar case in the past, yours is not at all an uncommon situation. My belief is that use of PO Box on physical address helps to get documents re-directed to their correct department. Absence of same means that the personnel in charge have to "think" where to re-direct and nothing more than that. Again this is based on what I know from reliable friends.

    Thanks a lot for your reply

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  • sanjay
    09-23 06:59 PM :mad::mad:

    Well, I don't agree to this guys views, but must agree that this RED dot system is too annoying and more are the -ve comments.

    But, who cares !!!


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  • Dipika
    09-17 12:27 PM
    Congratulations sku! enjoy your freedom!

    can you guide me how to find congressman of my state (NJ) and how should i write to senator and congressman?

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  • GC9180
    03-13 09:56 PM
    when were things right? all along its been fishy....GC for india,china is like a football...kicked around here and there (dates). just thinking what would self-goal mean...GO BACK TO OUR COUNRTY ???? ;-)


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  • Canadian_Dream
    09-29 01:02 PM
    Was your previous approval based on an extension ? [Pending LC/Approved I-140 etc] ?
    Does your current transfer require documents from the previous employer ? [LC/Approved I-140] ?
    Were you paid the prevailing wages mentioned in the LCA of previous H1B ? Can this be supported by the W2 of last financial year [Not the paycheck].
    Did you have I-94 attached in the previously approved H1B ?

    Please answer these questions it might be helpful in finding what might have raised the red flag.

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  • sobers
    02-22 12:31 PM
    Whether it is logical or not, whether we like it or not, the issues of illegal and legal immigration are intrinsically tied up (to the disadvantage of skilled workers, of course:-()

    Anyhow, this appeared in today's Wall Street may forbode a taste of things to come..or not come..this one focusses on the DREAM Act which is geared to provide in-state tuition to illegal immigrants..

    Should Illegal Immigrants Get Tuition Help?

    States' Varying Stances on College-Education Benefit Illustrate Congress's Overhaul Task
    February 22, 2006; Page A4

    WASHINGTON -- An emotional state-level dispute over college tuition shows how tough it will be for Congress to overhaul immigration laws and extend citizenship benefits to the country's estimated 11 million illegal immigrants.

    Four years ago, California passed a law granting in-state tuition to students who were in the U.S. illegally but had graduated from a California high school. Eight other states followed, allowing illegal immigrants to attend public colleges for in-state student fees -- usually less than half what out-of-state students pay.

    DiAnna Schimek, a Democrat who heads the Nebraska Senate's education committee, says she has pushed for an in-state tuition bill for illegal immigrants as a matter of compassion and economic calculation. "These children didn't bring themselves" but were brought by their parents, she says. "It's only a good investment on our part to make certain they are productive citizens."

    But attitudes have been hardening as an estimated 400,000 illegal immigrants flood in yearly. "That's an alarm to the people here ... it's a drain on the economy," says Rep. Glenn Donnelson, a Utah Republican who heads an education committee in his state.

    So while some legislators want to extend tuition benefits to illegal immigrants in their states, others are calling for laws to deny the benefit -- or take it back.

    Lawmakers in Utah, Kansas and New Mexico -- which passed in-state tuition benefits only two or three years ago -- now are waging uphill fights to repeal them. Massachusetts legislators last month rejected a bill to offer in-state tuition benefits to illegal immigrants.

    Six states are considering measures that would deny in-state tuition, tuition waivers or state scholarships to illegal immigrants. In New York, which offers in-state tuition to illegal immigrants, and Virginia, which recently passed a law offering benefits to some, bills have been introduced to bar illegal immigrants from attending public colleges.

    Meanwhile, lawsuits challenging in-state tuition for illegal immigrants have been filed in California and in Kansas. "There's something wrong with giving a benefit to an illegal that we don't even give to citizens of other states," says state Rep. Becky Hutchins, a Kansas Republican leading a repeal effort there.

    The tuition laws generally require illegal immigrants to have attended a local high school for three years, to have graduated or earned a high-school equivalency and to sign an affidavit promising to legalize their immigration status as soon as they are eligible.

    Promoters expect few students to actually take up the benefit. Dropout rates are high and academic scores generally are low among Hispanics, who account for the majority of illegal aliens. And even in-state tuition, which averages about $5,500 this year, may be out of reach for children whose parents typically hold minimum-wage jobs.

    Kris Kobach, a University of Missouri law professor who brought a federal suit against the Kansas program, says 221 illegal immigrants are enrolled in Kansas public colleges this year, and that even when the benefit becomes widely known, the number probably wouldn't exceed 2,700.

    Even so, in-state tuition laws have become flashpoint among some voters who feel they haven't any other way to protest illegal immigration. Federal laws allow illegal immigrants to use emergency medical services, and a 1982 Supreme Court decision entitles their children to public education through high school.

    Rod Adair, a New Mexico state senator who introduced unsuccessful legislation to repeal his state's immigrant-tuition benefit, says he was acting "in response to my constituents. They're frustrated."

    Prof. Kobach's suit contends Kansas's in-state tuition benefit violates a federal law that prohibits states from giving any benefit to an illegal alien that they don't also extend to all U.S. citizens.

    Among his plaintiffs, Heidi Hydeman, an Iowa native, says she was charged out-of-state tuition by the University of Kansas, though she lived in Kansas for six years and paid Kansas income tax for three years while attending the school. "I thought it was unfair," says Ms. Hydeman.

    Mr. Donnelson, the Utah legislator, says Utah would face a $34 million bill if a similar suit were filed there, and current out-of-state students were refunded the difference between in-state tuition and the nonresident tuition they pay.

    But legislators' doubts go beyond that. Although illegal immigrants who get the tuition benefit pledge to legalize their status, there is almost no way they can do that under current laws. And even with a college degree, there is almost no way for illegal immigrants to legally get a job.

    For years, congressional supporters have promoted a measure, called the Dream Act, that would clear up those problems. States would be allowed to offer in-state tuition to illegal-immigrant students who, in turn, could become citizens.

    In 2003, almost half the Senate cosponsored the Dream Act. But the Dream Act's prospects have faded, and this year its pivotal supporter, Utah Republican Sen. Orrin Hatch, withdrew as a sponsor. "Realistically, the Dream Act will not pass" and should be included in an overhaul of immigration laws, he said.

    But the tensions fueling opposition to in-state tuition laws are the same ones making it hard for Congress to pass immigration overhaul. A coalition of pro-business Republicans, Democrats, immigrant-rights groups and labor unions wants new federal laws that would let illegal immigrants eventually become citizens.

    They are being stymied, however, by social conservatives, who worry about being culturally overwhelmed by immigrants, and by Republican national-security hawks, who are demanding that Washington cut off illegal immigration first. The tension prevented the U.S. House from taking up immigration overhaul last year, and is complicating the Senate's efforts to pass it this year.

    Write to June Kronholz at

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  • satishku_2000
    09-12 01:43 PM
    I got a ref today the reason ability not to pay. They state that in line 21ordinary business income is less than what it should be according to PW and based on that employer was not able to PW in those years like from 2001 to 2006but the gross income was always in between 600000-1000000 each year. but can they relate your old returns with new PW. I mean does it matter based on your last 5 returns ability not to pay but currently I am drawing more than PW and my employer never filed tax`return with loss. pl. advice Does I need good CPA

    40k+ in 2006
    35k+ in 2005
    33k+ in 2004

    EB-3 PD 2001
    Filed I-140 & I-485 on May 5,2007

    The petitioner must show the ability to pay since establishment of PD. It does not matter if you get paid more than proferred now . Getting paid more than proferred wage always helps.

    If the petitioner has more than one immigration petition pending then he has to prove that he has ability to pay for all petitions simultaneously since each petitions respective priority date.

    Declaring profits help but again one has to put everything in context of immigration petition. If you got paid 10k less than proferred wage in a particualr year , petitioners profits must exceed 10k for that year. If there are 10 petitions pending in a year and all of them got paid 10k less than proferred wage petitioners profit must exceed 100k. I am trying to a put a simple example here . A right lawyer or right CPA may have ways to overcome these things.

    Looks like a good sign in your case is you filed in May 2007 , is that regular or premium processing case? If it is reg processing case then looks like INS is processing cases based on PD which is a good thing should help lot of BEC folks.

    Just curious if your case is a labor substution case?

    05-24 10:03 PM
    Doesnt consulting clause remove most of the Indian companies from the picture anyways?

    only time will tell...

    07-01 08:54 PM
    It is sad to say the thread started by one of the senior member on similar lines was closed abruptly for discussion.I know IV's main intension is to help on immigration front but it won't be too different to help other immigrant brothers trapped in situations like this.

    Are there any reservations on voicing opinios about this?


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