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  • sayantan76
    05-31 09:04 PM
    A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?

    If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
    My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......

    I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing

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  • seebi
    03-14 09:01 AM
    Thanks gc_check for posting the links.

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  • marlon2006
    02-04 09:46 AM
    I pray that the DOS advances the cut-off dates and get my I-485 approved by March - because I don't get excited at all by these immigration reform bills. There are 12-25 million illegal aliens in this country. 10,000+ crosses the border on daily basis.
    I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.

    Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.

    The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.

    U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.

    He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.

    "That should be done by, I hope, the end of April," Cannon said.

    His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.

    "The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."

    His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.

    Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?

    Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.

    He said the will in the U.S. House is to give states more discretion

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  • Ramba
    03-28 10:49 AM

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.

    Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

    Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.


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  • funnymdguy
    11-16 11:34 AM
    Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.

    Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?

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  • sri1309
    10-23 06:29 AM
    Thanks guys,

    But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
    Is it not needed for wife's case to be independently handled.


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  • purplehazea
    05-31 06:14 PM
    I'm not trying to give you cause for concern, so please don't take my posting out of context.

    Good luck and future success!!

    Of course you are!

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  • SL%%
    08-02 04:44 AM
    Hi to everyone, in about a month and a few days from now, we can expect the FY 2010 to start (from the bulletin that is, release on Sept for Oct). Many of us specially on the EB2 & EB3 Row are eagerly waiting for the update on the first month of the FY. Lately, we've been hearing stuff where USCIS is pre-adjudicating some cases already and based on the info from this website, (TSC-NSC update (http://www.imminfo.com/Newsletter/2009-AILA/TSC-NSC_update.html)) according to the info, USCIS have literally also exhausted the EB quota for FY 2010.

    My question is, if indeed USCIS started pre-adjudicated most of the 2007 filers, does this mean more or less we can expect to have our GC's this coming FY 2010? Well of course it would still be based on priority date but what's kinda odd is that, if USCIS is pre-adjudicating cases even with non-current priority date, then still doesn't release them this coming FY 2010, what's the point of doing it?


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  • Blog Feeds
    04-17 08:30 AM
    In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...

    More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)

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  • willigetagc
    07-17 09:29 AM
    Not entirely accurate. H visas have dual intent. You can tell them you will go on H1 and eventually get a GC and citizenship and the consulate cant do a thing. But if you are going for a tourist visa, then they will deny it. (But dont go and actually try saying something like that... you never know)

    Secondly, in the past filing LC was not proof of Immigration intent. It was I-140. I dont know what it is with PERM. But look at it this way, the first GC related document that reaches USCIS with your signature and name is the actual proof of intent. I wonder if that is still your I-140 application.


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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.

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  • rangaswamy
    06-20 08:10 PM
    Has any one here changed their maiden name or their spouses maiden name in the US? I heard that it takes 1 week if one hands over passport and documents in person. I plan to go to SFO CGi to get this done before filing I-485 on Jul 1st.

    I recently got married and did not have time in India to change the name.

    Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.


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  • jai_immigration
    06-26 09:51 AM
    You could either file AC21 or file after you revceive RFE, but when there is RFE they may also request paystubs, not just offer letter.

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  • waitingGC
    01-22 08:38 PM
    Thank you, IV core! You are great!


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  • gcForV
    07-12 10:57 AM
    As other mentioned sending a certified letter to all senators/congress would be a good idea.
    sending them all in a 2-3 days span would be good.

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  • abingc
    08-16 03:22 PM

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...

    Thank you very much.

    I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?


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  • mariusp
    07-14 12:20 PM
    So how do you know it's for an EB case?

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  • pitha
    10-01 04:20 PM
    Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.

    I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.

    EB3 India - well, can hibernate for the next 3-4 years.

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  • RNGC
    02-06 09:10 AM
    I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.

    I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.

    04-14 05:02 PM
    It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.

    04-16 11:51 PM
    Advanced degree = MS and higher

    Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.

    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.