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03-09 01:08 PM
In similar context I have a few questions...

The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.

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08-20 03:43 PM
I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.

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05-04 10:30 AM
Hi Immi2006.

Please help me understanding this..

Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

Please enlighten me....



I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

It appears on rough estimates :

EB1 - 4000
EB2 - 26000
EB3 - 39000
EB1 - 5500
EB2 - 32000
Eb3 - 36000

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12-17 11:59 AM
What does career progression mean ?

Moving from Senior Programmer Analyst > program manager.

This is a very gray area.

Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.

but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...

so the question remains... is career progression
programmer/ software engineer/ software developer/ programmer analyst

project manager/ program manager/ product manager


We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.

experts/attorneys/experienced people.. your opinion??


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11-30 04:00 PM
I am agree with you. But my question how can we correct this issue? Called no of times and they are not able to correct the issue. If she travel with that status any issue?

Write to CISOmbudsman <> and local congressman.

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04-07 02:18 PM
Hope the may bulletin is published by tommorow as Obama has threatened to veto any stop gap bill

Obama vows to veto short-term bill - Washington Times (


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03-19 08:55 AM
Good observation, although I totally support this clause to oppose automatic citizenship.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.

They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.

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05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.


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08-16 08:15 AM
Hi -

Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

I mean, do these guys know what an AP is?

Is it better to get the H1B stamping done?

I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

I think sometimes Indian immigration officers and even airline staff get confused with AP. Even in Germany the guy checking the passports was looking at AP funny.

But on average I think they know what it is. I have traveled to India through Germany and I made it back with some anxious moments when they all looked confused at AP.

You may need a transit visa through Europe if you don't have a US visa except AP. I didn't have it though and I was ok. But I had an emergency trip so no time to get these visas.

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08-31 11:40 AM
This is what I can infer from the poll

93% of them lack talent
7% are talented


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08-15 05:00 PM
:p You just killed spirit of "AC21"

:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

I noticed a flaw in GC process with respect to ?Ability to pay? and ?AC21?

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let?s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn?t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it?s not checked across all employers where the beneficiary intends to work?

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08-03 12:16 PM
Well atleast we arent alone I guess


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Student with no hopes
05-12 09:21 AM
Sent a mail to Senator Leahy at :
Please send him emails.

Dear Senator Leahy,

This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.

The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.

It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.

What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :

Analysis Discussion - Immigration Voice (

USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?

Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.

God bless you Senator !

Your's sincerely,

Being a staunch supporter of IV, I did send a letter similar to Sen. Leahy. The IV analysis is good, not sure of the forum discussion - as there are so many different opinions - sometimes irrelevant. So, just sent it with the IV recommendations from their analysis. The only solution is for us is to be vocal and shed light on our issues.

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11-12 01:18 PM
Usually I didn't recomond any one. But for cheaper option this is the man.
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...

He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (

Telephone: 516-308-3670
Fax: 516-308-3669



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11-30 02:36 PM

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08-20 04:35 PM
The whole concept of democracy is taxation with representation.

Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.

Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.

Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.


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03-06 01:38 PM
Both the points are very reasonable. Lets try to send letters.

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01-26 09:09 PM
me/spouse finally got our GCs in mail today. Interestingly the green card is not green, it just white mostly

best of luck to others in the journey.

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08-13 11:12 AM
I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.

Unless there is already an active thread, we should not mind if someone opens a new thread!

04-01 07:25 PM
If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.

Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!

07-05 06:06 PM
must also remind you since 9/11 and this happened to me in Cali shooting ranges also do not let "non citizens" use their services. so even if you bought a gun not a lot of places for you to practice on how to use it just my 2 coppers for you mate.

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