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  • hibworker
    11-04 11:02 AM
    You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.


    My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying

    the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.

    Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).

    Can some one please help me to find my case is wheather it is EB2 or EB3?

    Thanks in Advance.

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  • gc78
    10-09 02:00 PM
    I had to travel to Switzerland recently and was in a similar situation. I explained to the visa officer that my H1B stamp had expired and was planning on using AP for travel. She was fine with it, mentioned that AP supersedes H1B stamp anyway and issued the Swiss visa.

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  • karanp25
    07-11 01:43 PM
    stop whining. I've seen your other posts as well. If u get an EAD approval, you complain. If PDs move forward, u complain.

    No one is going anywhere--this is just another non-sense move - DHS has no clue how many 485 apps are pending...they just moved the dates forward to use maximum visa numbers. EB2 will be back to where it was (or worse retrogress more) after Oct'08.

    It's simple math...10K visas a yr and over 160K applications pending. Go figure, how long will it take.

    1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
    We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in

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  • Ennada
    01-29 11:05 PM
    Legalizing unauthorized immigrants would help economy, study says - (

    Washington (CNN) -- Legalization of the more than 11 million unauthorized immigrants in the United States would raise wages, increase consumption, create jobs and generate more tax revenue, two policy institutes say in a joint report Thursday.

    The report by the Center for American Progress and the American Immigration Council estimates that "comprehensive immigration reform that legalizes currently unauthorized immigrants and creates flexible legal limits on future immigration" would yield at least $1.5 trillion in added U.S. gross domestic product over a 10-year period.

    "This is a compelling economic reason to move away from the current 'vicious cycle' where enforcement-only policies perpetuate unauthorized migration and exert downward pressure on already low wages, and toward a 'virtuous cycle' of worker empowerment in which legal status and labor rights exert upward pressure on wages," study author Raul Hinojosa-Ojeda writes.

    The study looks at three scenarios: deportation of undocumented workers, temporary worker programs and legalization of the current undocumented population. Deportation would lead to a loss of $2.6 trillion in gross domestic product over 10 years, the report says, while a worker program would lead to a gain of $792 billion. Full legalization would lead to the best economic results, the study says.

    Other groups, such as the Center for Immigration Studies and the Federation for American Immigration Reform, say that unfettered immigration harms the United States and that entry into the nation must remain limited.

    When running for president in 2008, Barack Obama said that comprehensive immigration reform would be a priority in his administration, but the issue has been sidelined by health care reform efforts in Congress, the weak economy and the wars in Iraq and Afghanistan.

    There are indications, however, that the Obama administration aims to revive immigration reform efforts in Congress this year.

    The study bases many of its conclusions on an examination of what happened after passage of the Immigration Reform and Control Act of 1986, which granted legal status to 3 million unauthorized immigrants.

    A 2006 Pew Hispanic Center report found that 56 percent of illegal immigrants in the United States in 2005 were from Mexico, a total of about 6.2 million unauthorized immigrants.

    About 2.5 million unauthorized migrants, or 22 percent of the total, came from the rest of Latin America, primarily from Central America, the Pew Hispanic Center study found.

    Of the remaining illegal immigrants, about 13 percent were from Asia, and 3 percent were from Canada and Europe, the Pew study said.

    The report released Thursday says U.S. enforcement efforts -- mainly along the nearly 2,000-mile border with Mexico -- are costly and ineffective.

    "The number of unauthorized immigrants in the United States has increased dramatically since the early 1990s despite equally dramatic increases in the amount of money the federal government spends on immigration enforcement," study author Hinojosa-Ojeda writes.

    According to the report, the U.S. Border Patrol says its annual budget has increased by 714 percent since 1992, from $326.2 million in fiscal year 1992 to $2.7 billion in fiscal 2009. And the cost ratio of Border Patrol expenditures to apprehensions has increased by 1,041 percent, from $272 per apprehension in 1992 to $3,102 in 2008.

    Similarly, the Border Patrol says the number of agents along the border with Mexico has grown by 390 percent, from 3,555 in fiscal 1992 to 17,415 in 2009.

    "Yet the unauthorized immigrant population of the United States has roughly tripled in size over the past two decades, from an estimated 3.5 million in 1990 to 11.9 million in 2008," the report says, noting that illegal immigration appears to have declined slightly since 2007 as a result of the global recession.

    The report points out that a long-term study conducted by the University of California, San Diego, found that 92 to 98 percent of unauthorized immigrants keep trying to cross the border until they succeed.

    Increased enforcement has several unintended consequences, such as making the Southwestern border more lethal by channeling migrants through remote and rugged mountain and desert areas, the study found. The number of border-crossing deaths doubled in the decade after increased border enforcement started, a 2006 Government Accountability Office report said.

    An October 2009 report by the American Civil Liberties Union of San Diego & Imperial Counties and Mexico's National Commission of Human Rights estimates that 5,607 migrants died while crossing the border between 1994 and 2008.

    Tightened borders also have created new opportunities for people smugglers, who charged an average $2,000 to $3,000 per person in 2006, the study said. Ninety percent of illegal immigrants now hire smugglers, according to the report.

    An examination of trends after the 1986 immigration reform law shows that legalization of unauthorized immigrants has benefits, the report says. Legalized workers earned more, moved on to better jobs and invested more in their education so they could get higher pay and better jobs.

    A previous study found that "the wages of unauthorized workers are generally unrelated to their actual skill level," Thursday's report said.

    "Unauthorized workers tend to be concentrated in the lowest-wage occupations; they try to minimize the risk of deportation even if this means working for lower wages; and they are especially vulnerable to outright exploitation by unscrupulous employers. Once unauthorized workers are legalized, however, these artificial barriers to upward socioeconomic mobility disappear."

    Study author Hinojosa-Ojeda is founding director of the North American Integration and Development Center at the University of California, Los Angeles.

    The self-described progressive Center for American Progress is a nonpartisan research and educational think tank headed by John Podesta, who was chief of staff for President Bill Clinton.

    The Immigration Policy Center, established in 2003, also is a nonpartisan institute.

    The report, titled "Raising the Floor for American Workers, The Economic Benefits of Comprehensive Immigration Reform," can be found on the Web.


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  • Hope_GC
    07-17 07:47 PM
    Really Thank and Appreciate Mr Gonzales.

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  • Asfandyar
    08-22 06:10 PM
    SKIL Bill--S-2611--Introduced to the House, May Raise H-1B, EB Quotas
    The SKIL Bill has been introduced to the House of Represenatives by nine congressmen, all Republicans. (The acronym stands for "Securing Knowledge Innovation and Leadership.") If passed into law, S-2611 would raise the H-1B cap to 115,000 and the EB quota to 290,000. It would also exempt spouses and children from the quota, which would certainly eliminate the current 5-year backlog in the EB-3 category. Many agree that the SKIL Bill is important to the U.S. economy.

    SKIL Bill: Who, What, Why?

    The SKIL Bill would help programs bring well-educated foreign talent together with U.S. employers who say they are suffering a shortage of skilled workers.

    Introduced by Representative John Shadegg (R-AZ), the SKIL Bill would reform the H-1B visa system as well as the employment- based (EB visa) green card process. Cosponsors include representatives John Campbell (R-CA), K. Michael Conaway (R-TX), John T. Doolittle (R-CA), Jeff Flake (R-AZ), Peter Hoekstra (R-MI), Michael McCaul (R-TX), Mike Pence (R-IN), John Shimkus (R-IL) and Todd Tiahrt (R-KS).

    The United States has found itself in a state of lacking competitiveness due to the difficulties that foreign students and workers have encountered with the U.S. visa process. The SKIL Bill's introduction to the House sends a message that the Bush Administration and the U.S. Congress alike are addressing this issue and taking it seriously.

    Some of the highlights of the SKIL Bill (Securing Knowledge Innovation and Leadership) include:

    -EB and H-1B cap exemptions for foreign workers educated in the United States who have earned a graduate degree. U.S. educated foreign workers with master's or higher degrees.

    -Making the H-1B process and cap more flexible, based on market needs, so that U.S. employers are not severely delayed from hiring essential foreign talent for months at a time.

    -Extending optional post-graduate work (practical training) from 12 months to two years, so that these highly skilled, U.S.-educated foreign workers have a better chance of attaining green card status and using their talents in the States.

    -Exempting spouses and children of EB green card applicants from the annual EB immigrant visa cap, which would free up these visas for the professionals themselves.

    Reasons Behind the SKIL Bill

    For more extensive details, see the entire text of the SKIL bill.


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  • greencardfever
    06-16 09:53 PM
    I contacted University Y, but they said they don't keep I-20 copies that are 7 years old.

    But you're saying that if I contact SEVIS, they should be able to give me a copy of my University Y I-20?

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  • EB3_SEP04
    01-28 05:43 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.


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  • augustus
    08-09 11:03 AM
    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.

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  • JazzByTheBay
    07-26 07:59 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?



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  • yabadaba
    07-22 03:37 AM
    Please vote and provide details if the answer is yes

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  • bitzbytz
    07-13 02:27 PM
    nice try jayant


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  • abandookwala63
    03-19 01:16 PM
    I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks

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  • alkg
    10-25 07:22 PM
    Mine 485,131,765 receipt nos# also starting with SRC08008XXXXX and it's not showing online status.


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  • p_kumar
    08-28 04:02 PM
    you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:

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  • PD_Dec2002
    07-13 02:22 PM
    wooah...i got the problem solved.
    The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.

    NY ways, i consulted a attorney and he suggested few things....

    Interesting that you got it solved in 3 hours and then came back here to delete your post...

    Good luck with whatever it is that you are doing!



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  • swamy
    05-04 11:20 AM
    i'm afraid this has potential to turn into a big headache when theres a job loss. the only slightly useful, if one can call it that, byproduct of the ginormous delays are ppl get sometime to port to a new job but if this is implemented they may make it mandatory for you to inform & then harass you abt it.
    why cant they clarify the regulation first and interpret it properly before indulging in these things?

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  • supender
    09-21 01:33 PM
    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.

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  • juhis
    06-14 06:45 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (

    Application for Travel Document - I-131 (

    Affidavit of Support - I-134 (

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.

    This is what I call a true productive forum. Thanks factoryman for providing this list.

    10-29 12:32 AM
    dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"

    Then it wouldn't be a business and hence would be a "group" of freelancers :P

    I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
    Yes, that was what I was getting at. He'd still need to start the "business" up and then subcontract to other "businesses".. :D

    03-15 12:25 PM
    Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
    Any help greatly appreciated - thanks!

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