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  • never_giveup
    09-17 12:01 PM
    Just for the clarification of some of our friends (corrections are welcome) -
    The current discussion is in the House Judiciary Committee. After this, the major steps for the bill will be to go through the House and Senate for discussions and voting.

    There is still a long way to go, but sure this is an important milestone to pass the Judiciary Committee.

    And it might not even be possible to get it to the House before the Pres elections. But the good thing is it will not have to go through the Judiciary commitee again.

    Just wanted to state it for the benefit of the people who are not aware, as we are not building hopes that it will be all over today or in the next few days.

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  • GCAmigo
    02-06 12:44 PM
    And for the upcoming FY 2008 I dont think it will last more than 2-3 months and will be over by the end of May, well before FY 2008 starts.
    lasts even that long.. it probably will be exhausted during April itself..

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  • m306m
    06-11 01:23 PM
    Thanks guys for the moral support and quick responses.

    More details are as follows:

    1. This accident occurred in 18 months back in CA
    2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
    3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
    4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

    So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
    All this happened within in mins or secs, I would say

    --> --> --> --> --> --> --> -->
    Myself car1 car2 car3 car4 car5 car6 car7

    In the above pictorial representation,
    a) car 1 hit car2 which in turn hit car3 (1st impact)
    b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

    I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

    Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

    BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

    As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

    So they are claiming the following:
    3 milliion for : other damages(emotional etc.....)
    200,0000 for: future treatment
    50,000 for: lost wages

    Thats is what the story of my life :(

    Hope this gives u more details to provide me with more suggestions.

    Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.

    As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.

    Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.

    Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
    Read this post:

    1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
    2. Sell cars and lease new cars
    3. Cash savings etc should be transferred to relative's names in India.

    Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.

    I hope this helps. If you need to talk more send me a private message.

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  • willwin
    09-17 02:08 PM
    I strongly believe that they will mark up the bill HR 5882 today; it may go late in to the evening and may happen with minimal resistance.


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  • desi3933
    01-29 01:01 PM
    desi - from your posts - you always seem to look at things from all sides and your perspectives and views tend to look like "perfect law in perfect world"

    Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.

    Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.

    One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.

    There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.

    Your views are good, but they definitely are "bookish" in nature.

    I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.

    One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.

    My views may be *bookish*, but they are based on lot of experience behind them.

    BTW, I work full time for Fortune-50 company (Finance area).

    US citizen of Indian origin
    Not a legal advice.

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  • add78
    04-28 09:57 AM
    Any idea when this is going for voting?
    Democrats are supporting this or not?

    I would strongly suggest everyone to acquaint himself/herself with the legislative process and how a bill moves through different phases / steps before it becomes a law. You can find many postings documenting the process.

    Right now it is just introduced in the senate. The problem for us is that Sen Durbin is Democratic Whip (i.e. Assistant Majority Leader) which gives him tremendous influence over garnering votes and referring which legislation to consider to the Majority Leader (Harry Reid in the Senate). Ultimately Reid decides which legislation get priority consideration. The fact that Grassley is a Republican and is close to the Minority Leader (I think) does not help us either. We will monitor the progress of the bill.


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  • trueguy
    08-13 10:35 AM

    Now we have poll results. What does these number mean to us? Any action item?

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  • Ahimsa
    11-13 09:15 AM
    If they are smart they should pass SKIL bill.

    Senator Bill Frist introduced the modified senate version of CIR.
    That includes "Subtitle B--SKIL Act" SEC 521 to SEC 532
    This was done in the senate session before elections:

    CIR includes SKIL (and manager's amendment)

    Hope this new CIR goes to the conference for House to negotiate.


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  • unitednations
    03-30 10:21 PM
    unitednations, you making this statement makes me scared. :eek:
    Shouldn't they release some memo or something before making a drastic change like this???

    They should...

    What is confusing is that in the notice of intent to deny; uscis officer stated that person may be eligible for ac21 and to give a job letter.

    The only thing I can think of is that there may have been something wrong with the I-140 (ie., too many cases file by the 140 company and company revoked it in response to an ability to pay query, etc.).

    This particular company is pretty large staffing company. i do not have any interaction with them but from what I know; they have been cancelling a lot of people's h-1b's and telling them to find other employers to transfer to. Don't know if there is a story within a story.

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  • kubmilegaGC
    09-15 11:21 PM
    kubmilegaGC - Yeah, lets hope so. Let's see who is going to be the last man standing!!! :D

    Btw, do you know the sequence to get to the POJ method for TSC center? I am planning on calling them tomorrow.

    btw, I hope none of us will be "the last man" standing :) lets not wish for it!


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  • caliguy
    10-30 07:48 PM
    @ ndialani

    Sorry, should have put in a note for all you guys. Yes, have a copy of your 140 (that you think should be used, should be the one with the earliest priority date) & 485 receipt. Heck, I even kept a copy of my labor approval in the car.

    I think you are almost there. Good news should be around the corner for you. Having said that, please be persistent. I think if the first IO you talked to put in the details in the system, your case will be reviewed by the IO but dont leave anything to chance.

    Like I said in the earlier post, you dont lose anything by calling except for a couple miutes of your time. It's so much better than talking to some retard from Customer Service or spending hours commuting for an Infopass appointment which doesnt get you anywhere.

    Keep the faith and good luck!

    Thanks Caliguy for all your help.
    I was able to talk to IO in TSC. Very nice IO (male). He really took time to look into my case.
    First he said my case is preadj. , Than he mentioned my I-140 is under EB3 as per computer records.
    I told him, i have the copy of my approved I-140 and it is under EB 2 category. he put me on hold for like 4-5 minutes. Came back and said he has passed on the info to IO looking into my case . He asked me for Reciept,alien # ets. on my I-140 BUT God Darn it, i didint have the document with me at that time. He said, i could call, ad give it to IO . I was so MAD!!!
    After 30 minutes of searching, i found my approved I140 from 2006.
    I called POJ method Less than 2 minutes i spoke to IO ....they dont disclose the name.
    I explained my situation again and gave him all the info .He even asked my contact phone no.
    i gave it to him.
    I dont know , what to do next. Do you think they really pass in the info to IO reviewing the case?
    Should i call on Monday.
    Man! this weekend will be a GRIND!
    I wish , i had the I140 handy.
    So all of you there,
    Learn from my mistake...please have all the documents with never know, what they will ask for.
    Thanks again Caliguy!!!!

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  • gcisadawg
    08-19 02:54 PM
    Total Pending applications :700,000 after Jul-07
    EB3 : 385000 (at 55% of the total)
    EB3-I: 115000 (at 30% of the 385000)
    # of pending apps before Sep-2002: 11500 (at 10% of 115000)

    EB3-I quota per year: 2940 (at 7% of EB-3(42000))
    Years before my priority date becomes current: 3.9:mad::mad:

    Total AOS applications pending as of June-2008 is 740,969.
    What percentage of them is Eb-3? where did you get that 55% from?
    What % of EB3 is from india? Where did you get that 30% from?



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  • gk_2000
    04-19 11:21 AM
    This is what my attorney told me:

    4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
    3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
    4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)

    All these qualify for EB2. Just make sure you Job Description requires eb2.

    Also, consult with a leading attorney and show you employer, that this is doable.

    Wounds, here comes ................ salt!

    There is no requirement in INA regarding the number of years in degree.

    ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (

    They are likely to lose, if litigated against.. just saying

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  • eb3_nepa
    02-05 04:18 PM
    Stay focused our (IV) Main Agenda, please dont get distracted with all these ideas.

    Krishna we are focussed on the main goal, Unfortunately we have yet to see any headway and may not see any this year either coz of the million other problems. Hence my suggestion of alternate strategies. Like I said, just a suggestion.


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  • arnab221
    11-06 02:04 PM
    Actually, not all he said was wrong.
    We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.

    My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.

    Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..

    I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"

    I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.

    Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..

    Cannot agree more on the fraud prevention . Increasing the H1B application fees is not way of preventing fraud .This is punishing the small innovative companies from catching up and importing much needed talent .Keep the same fees , catch the fraudsters and make an example of them to others .

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  • gc_check
    04-19 11:51 AM
    Dear Friends,

    Got Green cards and Welcome notices for me and my wife .
    Surprisingly no uscis e-mail and online status is still "initial review"

    Our journey in short :

    How long in US : 10+ years

    First Labor in 2002 . Changed job in three years before approval of labor
    Second Labor in 2004 . Approved in 2007
    Filed I140 and 485 - in July 2007

    Since then I was enjoying EAD / AP with no complain .

    I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
    From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
    My Lawyer told me that I can port to EB2 and it is a normal a process.

    1. New Perm
    a. Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
    b. Requirement : 4 years Engineering + 5 years minimum experience

    2. EB2 I140 (TSC)
    a. Filed in March - Premium Processing
    b. My Lawyer sent interfiling letter along with I140 filing
    c. Approved in 7 days (A# and Priority Date retained)
    d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
    e. No email and no updates on USCIS website

    Not sure about the USCIS and Lawyer fees . My company paid for every thing.
    Hope every one get the desired freedom asap and don't have to wait like me for 10+ years

    Wish you all the best everyone who is waiting for GC.


    Congrats for getting GREEN CARD. Good to see another old PD (EB3) person getting greened. Looks like the upgrade route worked in your case.


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  • gcgreen
    08-13 07:45 PM
    What makes you think you qualify for EB1? Is it because you were planning to apply in OR category? or because you wanted to apply in EA category?

    FYI, a fresh PhD has very little chance to make it in EA category, and OR is applicable only for a researcher position.

    It's nice to create a big fuss about your qualifications and how you have been hurt, but at the end of the day, these were choices YOU made (i.e. taking up full-time PhD instead of going to work immediately after school). Also, as someone else said on one of these never ending threads, there is nothing that prevented your future employer applying for GC for a future job for you as soon as you finish PhD :-)

    So, again, if you are so qualified, and happy to live the consequences of your decision, where is the PLIGHT?

    ..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!

    The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.

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  • walking_dude
    11-20 10:12 AM
    Join us in opposing the Hypocisy of Lou Dobbs.

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  • StuckInTheMuck
    04-28 07:23 AM
    Dang! I need to hire a secretary to track all the stuff that N-400 needs :(
    I can't afford a secretary, which is why I am taking the trouble of knowing the process in advance.

    11-12 08:49 PM
    Waiting for CIR bill for EB relif is not worthy. It will unlikley be passed in lame-duck congress, as t needs heavy conference. It may be the good idea to push SkIL bill or somesort of EB relief provison (like budget reconcilation bill last year) in other bills to be passed in lame duck period.

    08-15 06:51 PM
    I was looking at the recent forum posts and there was no discussions about EB3 listed. Thought would "BUMP" this to bring the EB3 plight on the top...

    Felt EB3 category looked like a lost category, when the EB2 approvals was at the top all the time in our recent forums...:mad:

    yep, not a single eb3-485 approval, be it ROW or China or India..

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