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  • tejonidhi
    09-10 01:51 PM
    :)After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.

    Please prey God that they don't get used to ALIENS's Flesh.:)

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  • chmur
    09-12 10:46 AM
    Demand data:

    Thanks. Looking at the demand data (as of Sept 08 as it states ) we may or may not have "net" backlog reduction of 40K for 2009-2010.

    EB2 - net has come down by ~30 K but Eb3 has a net add of "10K"..Hmm unless they really approve a ton of them in September, we may be looking net reduction of 30K.

    I really hope they get cranking on EB3 -ROW , they have ~44K pending . Expecting USCIS to work through this backlog in a year or two is reasonable or even next year .

    At that point, EB3-I would be primed to receive overflow but the question is will they open up the flood gates and receive all new Eb2 applications or let them in a phased manner .

    If they let them in a phased manner , some of the pre approved EB3-I applicants in 2002-2003 will get there GC . Even otherwise , new EB2 applications need processing time so few lucky Eb3-I (If you can call them that) may get their GC's.

    Another thing is when will they let new EB2 applicants , if it is early in the yearly cycle say Oct-feb , then processing on such new application will be complete by June and EB3-I will continue starve.

    So basically lot depends on how and when they will open up the gates for new EB2 applicants.

    If they do it at the end of the year and they do not want to loose visa numbers , then there are ton of EB3 application in a pre approved stage for them.

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  • h1techSlave
    12-10 10:39 PM
    The solution to all our visa backlog issues is:
    1. Stop marrying.......
    2. Dont have children ...or atleast not in your home country


    or marry American girl

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  • gc4me
    03-19 09:20 AM
    This makes no sense to me. 300K LC was pending @backlog centers and all of them have PD 2005 and earlier. Non RIR was processed at the end and 90% of them are EB3. Considering 50% ROW, at least 100K EB3 ROW LCs out there with PD 2005 and earlier. And then comes the PERM LCs. At least another 50K EB3 ROW PERM LCs with PD 2005 out there. With limited EB3 ROW available visa each year (140K total, after retrogressed countries and spill over etc, not more than 40K each year), I see no reason for USCIS to move ROW to current.

    According to attorney Ron Gotcher Eb2 India will move up in coming months and EB3 ROW (Rest Of the World) will be current very soon. In that case, the excess EB3 ROW numbers will go to heavily retrogressed countries. This attorney's prediction is 100% correct for the April VB.
    See the link.


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  • msgrewal81
    02-19 03:08 PM
    :D No more arguing by me :D

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  • Jaime
    09-10 04:23 PM
    Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!


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  • kiran24
    06-10 04:05 PM
    sent it.

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  • immigrant2007
    09-10 01:16 PM
    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.

    how many GCS does EB2 India have oer year (quota only)
    How much time is DOS taking to approve accept and process 485 (adjudication time for new 485s)?


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  • Hassan11
    03-19 01:43 PM

    that was not my statement. if you read my post, you will understand that I clearly was quoting Ron Gotcher. I even put a link to that message where I got that quote from his forum. so in the future, you can say maybe Ron wasn't right instead.

    Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:


    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.

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  • chmur
    09-11 03:04 PM
    EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
    The EB3-ROW Demand for October 2010 ~ 45K.
    So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
    The total Pending in Aug 2009 was
    EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
    The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
    Demand for EB3 = 136K.
    So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.

    And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.

    I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.

    Check with latest Inventory data - 05/2010

    Also - where can i get the demand data you are referring to ??


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  • days_go_by
    11-20 10:49 PM
    I agree with you. Only sick ppl are frustrated with delay in GC.
    I think there are more than 6500 people here who are suffering from this disease then, about time we find a cure for it?

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  • ajthakur
    07-14 06:50 PM
    How can you say dates will become current when I send the response.This could be a blessing for you.As your 485 file is now open depending upon your reply if IO is convinced he could easily mail out the GC to you as your dates would be current by the time he looks into your reply.Consult an attorney to frame a correct reply.
    Good luck.


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  • snathan
    02-12 02:21 PM
    hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.

    it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..

    I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.

    peace V

    Most of the time, Ron never gives any proof for his statements. Its only a fantasy or fiction.

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  • isedkeem
    12-10 01:25 PM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.


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  • furiouspride
    08-10 01:59 PM
    I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.

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  • ImmiLosers
    11-22 07:41 PM
    Document URL

    PAGE 27
    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

    PAGE 28
    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)

    It looks like law is not clear about revocation of I-140 or am I missing something


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  • karanp25
    07-14 06:23 PM
    When did u file your application for EAD renewal and which service center? I am not sure why you think EAD renewal triggered this I-485 RFE?

    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

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  • suriajay12
    05-11 09:42 AM
    Keep writing letter, regular mail etc to president, Ms. Joe etc...

    I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.

    But EB2 guys from much later date:
    If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...

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  • grinch
    03-07 05:56 PM
    alright eilsoe, good entry man, pissed that you couldnt get time, but heck, no one has time eh?

    Its ok, good work!

    01-30 01:51 PM
    Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.

    If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?

    02-03 01:04 PM
    Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.


    Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?

    Thank you.

    Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.

    Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.

    Not a legal advice.
    US Citizen of Indian Origin

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