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View Full Version : Super-fast Approval : EB3 to EB2


jimytomy
04-18-2011, 04:38 PM
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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

sparky_jones
04-18-2011, 04:40 PM
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
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )

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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

Awesome...congrats!

pappu
04-18-2011, 04:41 PM
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
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )

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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

Congrats.

gk_2000
04-18-2011, 04:57 PM
Hearty congratulations! Your story is most heart warming

Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...

Thanks

roseball
04-18-2011, 05:03 PM
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
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )

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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

Congrats!!!. Mine was approved in similar fashion as well last September without any interfiling letter (EB-2 I-140 and 485 approved concurrently at TSC, New employer EB-2). Enjoy the freedom.

rajuseattle
04-18-2011, 05:13 PM
Way to go JimyTomy.

For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.

FraudGultee
04-18-2011, 05:13 PM
Congratulations ! All is well which ends well

nc14
04-18-2011, 05:16 PM
Hearty Congratulations.

vdlrao
04-18-2011, 05:34 PM
This is just one example, which is showing that how, long waited, EB3 friends could port into EB2 with out any issues. CONGRATS JimyTomy for your new and colourful journey.


.

ak_2006
04-18-2011, 05:36 PM
Congrats! Good to see a freedom :) person.

One of my colleague got cards y'day. He also ported from EB3 to EB2 ( EB3 2004 - India).

Sunx_2004
04-18-2011, 05:46 PM
that is the only way out for EB3s

Way to go JimyTomy.

For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.

andycool
04-18-2011, 05:47 PM
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
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )

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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

Congrats ..:)

saketkapur
04-18-2011, 05:50 PM
Crongatulations

whiteStallion
04-18-2011, 05:50 PM
Hearty congratulations...

sandy_anand
04-18-2011, 05:54 PM
Congratulations!

AllVNeedGcPc
04-18-2011, 05:54 PM
Enjoy the freedom.

jimytomy
04-18-2011, 06:00 PM
Hearty congratulations! Your story is most heart warming

Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...

Thanks

4 year engineering + 5 years -- eb2 requirement.
I have 10 + years of experience

Thanks

jjava100
04-18-2011, 06:03 PM
Congrats jimytomy !

jjava100
04-18-2011, 06:05 PM
Is the porting with the same employer or a different employer?

Thanks!

looneytunezez
04-18-2011, 06:12 PM
Congrats....

amar123
04-18-2011, 06:28 PM
Congrats,Fellow porter

krishmunn
04-18-2011, 06:55 PM
Way to go JimyTomy.

For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.

Many in IV will know that I have never opposed legal porting. However, I disagree that this is a way to get out of the mess. There is a fixed total number of Visa available. Per current rule this first comes to EB2 and is consumed completely leaving nothing for EB 3. If all (or majority) EB 3 moves to EB 2, the chocking will be in EB2 . So the "mess" just shifts its position.

The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number

sunny1000
04-18-2011, 07:03 PM
congrats and good luck!

belmontboy
04-18-2011, 07:03 PM
The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number

Also exluding STEM grads from quota.

tsnaresh
04-18-2011, 07:10 PM
Congratulations.

gk_2000
04-18-2011, 07:14 PM
Many in IV will know that I have never opposed legal porting. However, I disagree that this is a way to get out of the mess. There is a fixed total number of Visa available. Per current rule this first comes to EB2 and is consumed completely leaving nothing for EB 3. If all (or majority) EB 3 moves to EB 2, the chocking will be in EB2 . So the "mess" just shifts its position.

The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number

As I see it, the only persons benefited are the ones having the priority dates in ancient times. I think we really should not mind letting them have their GC's, being our seniors.
Yes, later year porters might end up having to wait. It's all in the game, fortunately or unfortunately. One thing is for sure, we as a whole, have an uphill battle
If it really comes to matter, I think it should be easy for an EB2 to port to EB3 if the dates are current for him in the different category. So if I were EB2 today, I wouldn't be so apprehensive :)

gk_2000
04-18-2011, 07:17 PM
Many in IV will know that I have never opposed legal porting. However, I disagree that this is a way to get out of the mess. There is a fixed total number of Visa available. Per current rule this first comes to EB2 and is consumed completely leaving nothing for EB 3. If all (or majority) EB 3 moves to EB 2, the chocking will be in EB2 . So the "mess" just shifts its position.

The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number

Also exluding STEM grads from quota.

Yes, I agree with all of that. It is just that 485 filing ability would do so much for so many, that I find it very attractive, especially if it can work at admin fix level

krishmunn
04-18-2011, 07:24 PM
As I see it, the only persons benefited are the ones having the priority dates in ancient times. I think we really should not mind letting them have their GC's, being our seniors.
Yes, later year porters might end up having to wait. It's all in the game, fortunately or unfortunately. One thing is for sure, we as a whole, have an uphill battle
If it really comes to matter, I think it should be easy for an EB2 to port to EB3 if the dates are current for him in the different category. So if I were EB2 today, I wouldn't be so apprehensive :)

I have neither become apprehensive nor have got any ill feeling ... just showing where the problem is .

NNReddy
04-18-2011, 07:32 PM
Same company porting is more successful than different company porting. That's what I have been observing. What are your guys thoughts on this??

belmontboy
04-18-2011, 07:33 PM
Same company porting is more successful than different company porting. That's what I have been observing. What are your guys thoughts on this??

don't have much data to concur !

NNReddy
04-18-2011, 07:39 PM
Can someone work for company A (with green card pending for 8 years) and start green card process thru other company to port to EB2(part time employment). Can they do that. I mean basically working for two companies until you get your green card, then quit company B and continue working for company A. Did anyone do this? Is this a possible scenario?

belmontboy
04-18-2011, 07:51 PM
Can someone work for company A (with green card pending for 8 years) and start green card process thru other company to port to EB2(part time employment). Can they do that. I mean basically working for two companies until you get your green card, then quit company B and continue working for company A. Did anyone do this? Is this a possible scenario?

Quitting company B right after getting GC would be fraud/misrepresentation.

After getting GC through B, he/she needs to work for B (usually 6 months or so...)

Edison99
04-18-2011, 07:51 PM
Congrats jimytomy, enjoy the freedom!

NNReddy
04-18-2011, 07:55 PM
BelmontBoy,
You didn't answer my question. Can you work for two companies processing your green card at the same time. I am working for employer A for 13 years and EB3 green card process pending for 8 years. Now while working for Company A, Can I start green card process through Company B(for part time work) and do porting to EB2? Please clarify. I am not intending to quit immediately after getting Green Card, I will work for 6 months after Green card for Company B(for part time)?

Is this legal to work full time for one company and part time for another company(I have EAD), both of them are processing green card at the same time? Is there a chance of getting RFE's OR Is there a chance of getting your original application getting rejected because of multiple employments and two green card process's at the same time.
Thanks
NN

belmontboy
04-18-2011, 07:58 PM
BelmontBoy,
You didn't answer my question. Can you work for two companies processing your green card at the same time. I am working for employer A for 13 years and EB3 green card process pending for 8 years. Now while working for Company A, Can I start green card process through Company B(for part time work) and do porting to EB2? Please clarify. I am not intending to quit immediately after getting Green Card, I will work for 6 months after Green card for Company B(for part time)?

Is this legal to work full time for one company and part time for another company(I have EAD), both of them are processing green card at the same time? Is there a chance of getting RFE's OR Is there a chance of getting your original application getting rejected because of multiple employments and two green card process's at the same time.
Thanks
NN

yes you can. There is no rule that only one GC app can be active.

BTW, let's stop discussing this on this thread.

Let's spare this thread for OP's GC celebration party :)

NNReddy
04-18-2011, 08:04 PM
I am happy about OP's Green card. I want to get some answers for some questions, been in this country for 16 years, wan't to get my Green card man(june 2003)

gk_2000
04-18-2011, 08:40 PM
I have neither become apprehensive nor have got any ill feeling ... just showing where the problem is .

Yes, sorry.. no foul

rajuseattle
04-18-2011, 09:07 PM
Lets keep this thread to celebrate OP's Green Card and some inspiration for Hopeless EB-3 guys.

Krish: I agreed VISA recpature and not including dependents will help us a lot, but looking at the current political divisiveness and people focusing more on 2012 election cycle and the campaigning, noone going to touch this HOT POtato of legislative reforms for Legal immigration. Now considering wait until the formation of 113th US congress it is about 20 months time, so do u expect People who are qualified and getting an opportunity to get out of EB-3 mess should wait that long? People already waiting since 2002/2003 PDs and no sign of any legal relief from USCIS/DoS for this hopeless EB-3 india people. Once agian legit porting is the way out to come out of EB-3 india mess, their is no other solution for us. When you compare all retroigress classes EB-3 india is the worst, we are still in April 2002 as compared to other EB-3 categories which are now in July 2005 range. (china is exception to this they are way better than us to somewhere 2004 range). Please dont bring in this issue in this celebration thread, let people cheer something, we already had so many useless threads and verbal arguments on this subject.

rajuseattle
04-18-2011, 09:08 PM
Lets keep this thread to celebrate OP's Green Card and some inspiration for Hopeless EB-3 guys.

Krish: I agreed VISA recpature and not including dependents will help us a lot, please keep the thread for celebration only.

rajuseattle
04-18-2011, 09:11 PM
NNreddy:

I would request you start a fresh thread and people can answer your questions.

rajuseattle
04-18-2011, 09:13 PM
thanks Belmontboy.

Let OP cheer and celebrate after ending his painful journey.

extra_mint
04-18-2011, 09:13 PM
Congrats man...and thanks for sharing the details.
This helps a lot of ppl.

roseball
04-18-2011, 10:43 PM
Hearty congratulations! Your story is most heart warming

Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...

Thanks

Here are my case details as well.

Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:

Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010

Hope this helps.

gk_2000
04-18-2011, 11:03 PM
Here are my case details as well.

Came to US in Aug 1999 on F-1 after B.Tech. Graduated with MS (Telecom) in Dec 2000. Joined a major telecom firm immediately after graduation. My first EB-3 labor was filed in Dec 2001 (Non-RIR) but employer withdrew it because of lay-offs. Employer filed again in Nov'03 (Non-RIR again) and it was approved in March 2007 (after RIR conversion in Jan 2007) by Dallas BEC, followed by I-140 approval (March 2007) and I-485 filing in July 2007. Though my job required a MS degree, my employer could not file in EB-2 as there were people in my team with just Bachelors degree when they joined the company 10-15 yrs ago and lawyer did not advise employer to file in EB-2 as EB-3 was current those days......After surviving 12 rounds of lay-offs, no job security whatsoever throughout and fed up with EB3 process, I changed jobs after 8.5 yrs (July 2009) and my new job required a minimum of MS + 6 yrs of experience and fortunately my new employer (another large company) had no issues re-starting the process again. I work in Mobile Communications R&D (developing networks which support smart phones (2G/3G and now 4G-LTE technology) have been in this field since Jan 2001) and here are my EB-2 case details:

Joined new employer in July 2009
PERM Prep work took 6 months
EB2 PERM filed: March 30th, 2010 (MS + 6 yrs or BS + 8 yrs as min requirements)
EB2 PERM approved: Aug 11th, 2010
EB2 I-140 filed: Aug 27th, 2010 (Premium Processing, EB3 I-140 approval copy enclosed with request to Port EB3 PD)
EB2 I-140 and I-485 approved concurrently on Sep 3rd, 2010
Cards received Sep 7th, 2010

Hope this helps.

Truly borderline EB1. Congrats!

pappu
04-18-2011, 11:41 PM
I am happy about OP's Green card. I want to get some answers for some questions, been in this country for 16 years, wan't to get my Green card man(june 2003)

16 hrs and no green card is too much pain. Kudos to you for being so patient. Have you considered applying in EB2?
With your experience you can change your job and use it to get Eb2

roseball
04-18-2011, 11:45 PM
I am happy about OP's Green card. I want to get some answers for some questions, been in this country for 16 years, wan't to get my Green card man(june 2003)

AFAIK, the GC job has to be a permanent full-time position and not a part-time position.

xyzgc
04-19-2011, 01:05 AM
Nothing ever is super-fast. Certainly not the green card. You had your share of waiting. Its just that you suddenly see light at the end of tunnel and before you realize you are out of it. So it feels like a dream.

There have been folks who have got their greens in two years flat. Not because they were the smartest workers around. That is lightening fast.

Congratulations to you.

Robert Kumar
04-19-2011, 06:59 AM
AFAIK, the GC job has to be a permanent full-time position and not a part-time position.

So much pain we are facing in this process. Hope all see their GCs come through fast.
My attoreny said GC is for full time position and it is very well supported if the employee is working full time with the sponsoring employer. I can easily imagine getting it filed in 3-4 places working part time or not even working. I guess we can run into problems if working part time. There is also a column somewhere in H1B visa application form where they ask "Did anyone sponsor you an immigrant visa". Not sure if that Question comes anywhere in the forms for GC, but if so, what does one write? A list of other employers.May not be a good idea, but its my personal opinion, and I dont have any observation on this

hope4gc
04-19-2011, 08:26 AM
Jimmy,
Did you change employer when you ported from eb3 to eb2, or stayed with the same employer?

tsnaresh
04-19-2011, 09:17 AM
I am happy about OP's Green card. I want to get some answers for some questions, been in this country for 16 years, wan't to get my Green card man(june 2003)

NNreddy,

I know what you are going through...man...I am also in the same boat. I have been on H1 since 1997. It is really encouraging to see the EB3 folks getting the Green Cards.

PlainSpeak
04-19-2011, 09:19 AM
That is one more guy in front of me who is gone from the line enabling me to be closer to the GC dispensing window :D

FraudGultee
04-19-2011, 09:38 AM
16 hrs and no green card is too much pain. Kudos to you for being so patient. Have you considered applying in EB2?
With your experience you can change your job and use it to get Eb2


all those EB3 guys out there waiting for so long you should think about porting to EB2. All the information is on line, lot of discussion has happened, most of the people know the process.. so be proactive rather than examining patience. last thing i would like to see is some EB3 guy comes in and ask for some IV initiative to stream line porting :)

sathishav
04-19-2011, 10:28 AM
Congrats OP. That is real good news. encouragement to all other eb3 folks out there.

raj1998
04-19-2011, 10:37 AM
Congrats OP. That is real good news. encouragement to all other eb3 folks out there.


Good to know, some thiing got cleared at such pace, when USICS is notoriously known for working at snail's pace.

abhijitp
04-19-2011, 10:38 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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

Congratulations, your hard work and patience have paid off!

TeddyKoochu
04-19-2011, 10:42 AM
jimytomy many congratulations on your well deserved GC.

annsheila79
04-19-2011, 10:48 AM
congratulations

sandy_anand
04-19-2011, 11:02 AM
Congratulations ! All is well which ends well

Love your sense of humor (based on your handle)! :D

FraudGultee
04-19-2011, 11:09 AM
Love your sense of humor (based on your handle)! :D


nice to see that post. believe me most people here lack it and i get flames and red just because of the handle :)

sandy_anand
04-19-2011, 11:20 AM
nice to see that post. believe me most people here lack it and i get flames and red just because of the handle :)

You're welcome. Even while we all suffer due to the retrogression, most of which is out of our control, I believe we can still remain positive in areas over which we do have control, like our sense of humor and ability to get along with everyone by agreeing to disagree in a civil manner. Unfortunately this forum of so called "highly skilled" sorely lacks it. Every disagreement/debate becomes personal and quickly dissolves into a shouting match. It's really sad. We need to learn to be happy for others who are more fortunate and sympathize with others who are less fortunate. We don't have to be highly skilled to be that...just human.

jimytomy
04-19-2011, 11:37 AM
Jimmy,
Did you change employer when you ported from eb3 to eb2, or stayed with the same employer?

- 2004 filed for Labor and started EB3 process.
- Company got acquired in later years . Filed new I140 ( I think it is called successor-in-interest)
- Recently started fresh EB2 process for interfiling of EB3 to EB2 . GC approved.

Thanks,
Jimytomy

ghost
04-19-2011, 12:44 PM
- 2004 filed for Labor and started EB3 process.
- Company got acquired in later years . Filed new I140 ( I think it is called successor-in-interest)
- Recently started fresh EB2 process for interfiling of EB3 to EB2 . GC approved.

Thanks,
Jimytomy

Congratulations...it's painful to see EB-3 folks wait for so many years and then hear EB-2 folks complaining about porting! Hopefully, all of us will come together and realize that the only way for us to get out of this mess is by supporting IV goals (no country limits, recapture, etc.).

gc_check
04-19-2011, 12:51 PM
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 ......to everyone who is waiting for GC.


Thanks,
Jimytomy

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

Robert Kumar
04-19-2011, 02:50 PM
Congratulations...it's painful to see EB-3 folks wait for so many years and then hear EB-2 folks complaining about porting! Hopefully, all of us will come together and realize that the only way for us to get out of this mess is by supporting IV goals (no country limits, recapture, etc.).

Very well said, Ghost.
There are folks waiting from 2002 onwards, when it didnt really matter EB2 or EB3.
I think we all can see into some future.
Hence we must get together and see how to get bigger problem resolved which can happen by removing quotas, and recapture of lost visas.

NNReddy
04-19-2011, 03:28 PM
I am working for a fortune 100 company for last 12 years, rose to a senior level position. It's not easy for me to leave my present job and get the same position,level, responsibility and salary and potential for future growth. Except GC I have everythign else, but sometimes the wait is frustrating.

roseball
04-19-2011, 03:41 PM
I am working for a fortune 100 company for last 12 years, rose to a senior level position. It's not easy for me to leave my present job and get the same position,level, responsibility and salary and potential for future growth. Except GC I have everythign else, but sometimes the wait is frustrating.

I understand your situation. I was in a similar position and after 8.5 yrs, I had to make a choice and move-on. In my case however, I found a similar position with new employer so I had nothing to lose other than rebuilding the repo at new job. Its very tough to change a job when everything else is going great except for GC, but I was fedup with the wait.

SGP
04-19-2011, 03:49 PM
Congrats. Enjoy your freedom.

forgerator
04-19-2011, 03:58 PM
Nothing ever is super-fast. Certainly not the green card. You had your share of waiting. Its just that you suddenly see light at the end of tunnel and before you realize you are out of it. So it feels like a dream.

There have been folks who have got their greens in two years flat. Not because they were the smartest workers around. That is lightening fast.

Congratulations to you.

Actually I know someone who got it even faster.

This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.

rajuseattle
04-19-2011, 04:05 PM
Folks:

If we all unite and just fight for the cause of VISA recapture bill we all will get benefit, people i nthe backlog will be cleared and the people waiting in queue will be able to file their AoS and enjoy the EAD/AoS Benefits.

pappu
04-19-2011, 04:09 PM
Actually I know someone who got it even faster.

This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.

This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

NNReddy
04-19-2011, 04:09 PM
Visa recapture will help thousands of people and move the queue up

Robert Kumar
04-19-2011, 06:26 PM
Actually I know someone who got it even faster.

This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.

How many days is it taking for labor to clear these days.

forgerator
04-22-2011, 12:09 AM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

I say why stop there. Why not remove this entire nonsense of EB1 vs EB2 vs EB3 and go with a points based immigration , like they have in Canada? US immigration law is made unnecessarily complex just like their tax law.

ksvreg
04-22-2011, 09:20 AM
Did you get finger printing notice? You did not mention that in the porting process.

ryan
04-22-2011, 11:14 AM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

Yes it is unfair in some ways. Couple of my very close friends (who are also colleagues) --one is of Lebanese Origin, raised in Dubai, and the other, Taiwanese Origin, raised in Uruguay. They are in similar Finance positions as I (though I am a step senior) had the entire process, from the PERM, to card delivery, completed in 11 and 7 months, respectively. Whilst I am waiting the last 5+ years. It can get you down at times, and feels like living in a constant state of "temporariness". However life does go on :)

rajuseattle
04-22-2011, 11:43 AM
Employment based VISA numbers should not have country quotas, it is purely based on individual talents and skills when one gets selected for the Job and Green card sponsorship.

Lets say they have quota system to avoid the concentration of 1 country, then they should have some flexibility to adjust the country quotas based on the backlog too, certain % of EB numbers goes to clear the backlogs each year, that way everyone will remain at about the same level of retrogression, EB-2 RoW current and EB-2 India @ 2006 level and on the same line EB-3 RoW @ 2005 and EB-3 India @ 2002 level is ridiculous and just plain insane. This is like a punishment to People who are born in certain countries and no matter how talent and skills the individual have, the law is punishing him/her or rather discriminating him/her based on country of BIRTH.

gk_2000
04-22-2011, 12:05 PM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..

bugsbunny
04-22-2011, 12:26 PM
A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..

another nice topic to debate....i know that i debated with people about this a while ago and they made good arguments why setting immigration limits/controls by country origin is not discrimination.

Besides the limit is the same for all countries so very difficult to argue for discrimination

SGP
04-22-2011, 01:10 PM
This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.

Can't agree less with you pappu:)

gk_2000
04-22-2011, 02:00 PM
Can't agree less with you pappu:)

more, not less..

red, welcome. (I know I will get this whenever I correct anyone)

gk_2000
04-22-2011, 02:04 PM
another nice topic to debate....i know that i debated with people about this a while ago and they made good arguments why setting immigration limits/controls by country origin is not discrimination.

Besides the limit is the same for all countries so very difficult to argue for discrimination

It is about individuals, not nations.

I am from India, and I am waiting for someone from other countries who does not even exist. And someone who does not exist (as yet) has a place reserved for him ahead of me, just because he is from that country

Maybe there is a better way of putting this.. no inspiration right now :)

cdeneo
04-22-2011, 04:38 PM
I had a question for all on the eb3 to eb2 porting - once the new EB2 labor gets approved and one applies for I-140 lets say in premium processing with the interfiling letter - does one need to reapply for I-485 once the I-140 is approved for the Eb2 application? This is for many EB3 folks that have been waiting after having applied for for I-485 in 2007. Any insight will be appreciated.

Thanks!

rajuseattle
04-22-2011, 05:20 PM
If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.

IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.

cdeneo
04-22-2011, 05:42 PM
Thanks RajuSeattle - this is the information I was looking for.

forever_waiting
04-22-2011, 05:54 PM
Well per=country limit is part of the iNS law. So its legal.
From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.

A question -- has IV considered challenging the country quota in court? Because the Constitution forbids discrimination based on country of origin..

gk_2000
04-22-2011, 06:19 PM
Well per=country limit is part of the iNS law. So its legal.
From an immigration perspective, green card is a privelege extended to "aliens" and it is the prerogative of the law to ensure a formula thats best for the country.
INS family based immigration law was the one that conjured up the per-country limit to prevent folks from one country from flooding in. Unfortunately, this formula made its way into EB immigration and we are stuck with the consequences today.
So if anything, we should bring up the fallacies in per-country limit as far as skill-based immigration is concerned and get the law changed.
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
And the comment below about the constitution forbiding anything, with respect to immigration law, is pure nonsense.

1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass

3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point

cdeneo
04-22-2011, 06:25 PM
Another question for the group related to porting from EB3 to EB2 -

I-485 for the EB-3 application was filed for both the primary applicant and the dependent spouse. Now the primary applicant and spouse are separated.

Once the new EB2 Perm application is filed and is followed by the premium I-140 petition that should get approved - and since no I-485 application is required this time around - would both the primary applicant and spouse get the GC based on the original I-485 pending application?

Since the primary applicant and spouse are now separated - how does one get the spouse's I-485 application cancelled since the spouse has moved out of the country.

Any insight would be very appreciated. Thanks!

If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.

IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.

forever_waiting
04-22-2011, 06:29 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?

1. Constitution overrules any law and has the power to render any law invalid. No nonsense here (which means all that you said about INS,INA etc etc is nonsense)
2. The last para is just your OPINION, so I let it pass

3. Pls refer to my answer to Bugs Bunny, and let me know if you can extend the discussion from that point

gk_2000
04-22-2011, 07:35 PM
Well.. everybody is posting OPINIONS here, so whatever is your point there.
Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?

Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion

Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?

forever_waiting
04-22-2011, 08:13 PM
Ok. But how does this apply to immigration?

On the page you quote, below is what I see -

The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

Education
Employment
Housing
Lending
Public Accommodations
Law Enforcement / Police Misconduct
Voting

The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.


Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

Fourteenth Amendment to the United States Constitution - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion)

Read the "Equal protection clause". It mentions this case:
The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?

longwait4gc
04-22-2011, 08:19 PM
A lawsuit isnt the answer to everything. The chinese EB folks learnt that after spending thousands of dollars and few years on their lawsuit, the judgement they got back was that 'the law is being followed'.
.
Hey forever,
What is this lawsuit? Do you have info?

forever_waiting
04-22-2011, 08:26 PM
eb3chinese.org was the site created. But of the info is in Chinese.

I had gone through their presentation sometime back and they were basically complaining about how EB india gets most of the spillover and they don't (along with some common arguments about visa recapture, FIFO etc etc.) You should be able to get details from their class action doc against USCIS uploaded on the site.
when news of this class action lawsuit initially came out, lots of folks on IV were mad at why we were not joining in and that we should launch a barrage of lawsuits against USCIS as well. IV core at that time calmly explained that lawsuit options have been explored and will not be viable but few people listened.
Anyway a recent update on this forum shared that they lost the lawsuit. So on hindsight we saved ourself lot of time, effort and money.




Hey forever,
What is this lawsuit? Do you have info?

gk_2000
04-22-2011, 08:48 PM
Hey forever,
What is this lawsuit? Do you have info?

It was about why more visas were given to EB-I and less to EB-C. Nothing to do with present debate

forever_waiting
04-22-2011, 08:54 PM
The point behind the lawsuit example was that just talking frivolously about lawsuits without understanding background and facts - is completely meaningless. This has been proven in the past.

It was about why more visas were given to EB-I and less to EB-C. Nothing to do with present debate

gk_2000
04-22-2011, 08:54 PM
Ok. But how does this apply to immigration?

On the page you quote, below is what I see -

The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in:

Education
Employment
Housing
Lending
Public Accommodations
Law Enforcement / Police Misconduct
Voting

The "per-country limit" is definitely unfair within the realm of employment-based immigration due to the outdated and irrelevant law which needs reform. However skewing this to make it a civil rights issue is pushing it a bit too much.

So coming back to Immigration (which is what, I believe, we are discussing), below is what I came across on congress.gov.

The Supreme Court has ruled that the Congressional power to regulate naturalization, from Article 1, Section 8, includes the power to regulate immigration (see, for example, Hampton v. Mow Sun Wong, 426 U.S. 88 [1976]

In other words, the Constitution does not specifically mention immigration but based on the above, delegates power to the Congress to pass laws to regulate immigration. This Article of the Constitution also clarifies the part about rules for immigrants and quotas being set at the Federal level and not State level.

The above is a fact, not my opinion. Therefore, No - I do not agree that your reasoning has any direct parallel to our case since the correct approach and reasoning involves challenging a Supreme Court Ruling on Article 1 of the Constitution, which you would agree is next to impossible.

There are far too many points here to address at one go. Let me touch upon this for starters:

The Article 1, Section 8 has this clause, regarding the power of congress:

Clause 4: To establish an uniform Rule of Naturalization

Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


More later ..

gk_2000
04-22-2011, 08:57 PM
The point behind the lawsuit example was that just talking frivolously about lawsuits without understanding background and facts - is completely meaningless. This has been proven in the past.

Thats not the idea I got. The idea of invoking the Chinese lawsuit appeared to me as saying: "They already established that they can do anything they want, as in the Chinese case, so let's not even try to question them from now". Yes, it lacked so much in specifics

forever_waiting
04-22-2011, 08:59 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.

There are far too many points here to address at one go. Let me touch upon this for starters:

The Article 1, Section 8 has this clause, regarding the power of congress:

Clause 4: To establish an uniform Rule of Naturalization

Are we disputing the fact that congress has the power to establish a uniform rule of naturalization?
No. We are not. We are just saying, that the current Rule of Naturalization is in violation of the discrimination clause in the constitution, and ought to be disregarded. We are not asking to strip congress of this power, so this argument you make is not relevant. Agreed?


More later ..

gk_2000
04-22-2011, 09:08 PM
Nope. You are misunderstanding the point again.
The Article clarifies that that Congress has the power to regulate immigration. they used the power and created the INS laws we have today, which as per Congress is the hallmark of US immigration. We have to change those laws specific to EB.
You are muddling immigration laws with civil rights. Your argument about the current law being in violation of ANY constitutional right is completely baseless. You did not respond to my question about how the civil rights clauses you quoted have anything to do with immigration.

They used the power. No problem. But how?

Let me quote an extreme example.

If they make a law saying, a foreign woman may be raped at port of entry in exchange for citizenship, will it stand?

NOW do you see the connection between immigration and civil rights?

forever_waiting
04-22-2011, 10:14 PM
Cmon dude. We expect a better example to back up your argument.
The example you state is a violation of anyone's civil rights...leave alone an immigrant.
To use your example, no one is "raping" the applicant by imposing a per-country limit on your green card application and making you wait a few years while you work in the country and enjoy all civil rights.

Congress used the power given to them by the Constitution to frame Immigration laws and they created a formula for regulation. Per-country limit is that formula which they had the constitutional right to create in order to uphold the balance of immigration in their country. Getting a GC is not anyone's right..its a privelege bestowed based on the applicant meeting certain criteria which includes quotas, as per the country's laws. There is NO civil rights impact. You are getting your green card in the end...only problem is they are making you wait 10 years because of that formula. But none of your civil rights are being impinged upon. So we should work to change flawed law and the formula rather than try to muddle the issue with civil rights. No matter what extreme example you give, you will still never be able to prove that your civil rights were impinged because you are having to wait for 10 years in a legal queue while your application is pending.

Don't get caught up trying to defend a stance no matter how irrelevant it may be. Its better we focus our time and effort on more achievable and valid provisions.
Good Luck to you.

They used the power. No problem. But how?

Let me quote an extreme example.

If they make a law saying, a foreign woman may be raped at port of entry in exchange for citizenship, will it stand?

NOW do you see the connection between immigration and civil rights?

gk_2000
04-22-2011, 10:17 PM
Cmon dude. We expect a better example to back up.
The example you state is a violation of anyone's civil rights...leave alone an immigrant.
No one is raping you by imposing a per-country limit on your green card application.

Congress used the power given to them by the Constitution to frame Immigration laws and they created a formula for regulation. Per-country limit is that formula which they had every right to create in order to uphold the balance of immigration in their country. Getting a GC is not anyone's right..its a privelege bestowed based on the applicant meeting certain criteria which includes quotas, as per the country's laws. There is NO civil rights impact. You are getting your green card in the end...only problem is they are making you wait 10 years because of that formula. But none of your civil rights are being impinged upon. So we should work to change flawed law rather than try to muddle the issue with civil rights. No matter what extreme example you give, you will still never be able to prove that your civil rights were impinged because you are having to wait for 10 years in a legal queue while your application is pending.

Don't get caught up trying to defend a stance no matter how irrelevant it may be. Its better we focus our time and effort on more achievable and valid provisions.
Good Luck to you.

Ok bye....... until next time :)

jimytomy
04-23-2011, 07:24 AM
Did you get finger printing notice? You did not mention that in the porting process.

No, I did not get get finger printing notice .

Thanks,

Jimytomy

extra_mint
04-24-2011, 02:12 PM
I totally support banishing country quota. It is totally unfair specially to folks from India/China/Mexico and others (in EB category).

However if we analyze the current mess. Following are some of the things that led to it
First of all 65K is the number of H1-B's that are issued every year. Lets assume all of 65K applies for GC >> then we get 65 K * 2.2 (dependents) = 143K GC's.

Then how come we have such a big backlog.

1. H1b visa ceiling was increased to 195K during the tech boom of 2000's but they never increased the EB based green card (it remained 140K)

2. Wastage of EB visa by USCIS. Some estimates are in range of 500K. But let's say they wasted half of it (250K). This should be sufficient to clear the backlog.

3. Third of last few years with rise in economies of India and china and ROW, we have seen an increase in the L1's (globalization). I totally agree with this and have no issues with L1's. And many of L1's decide to stay in US. And of course GC comes from EB category.

Simple logic is H1-B non-immigrant visa has been recognized as dual intent, which means holders of H1B can legally apply for GC.
On the other hand Congress and US govt have failed to provide adequate GC for EB. The system is a total chaos now for all the above reasons.

This is what we need to communicate to congress/us govt and if required challenge in court.







Can't agree less with you pappu:)