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You are assuming this person has an option - which may or may not be the case. As large number of people wait for visa numbers to become available, this kind of scenario may become more and more common. To original poster: please let us know how you managed to resolve your problem.

Not good Here's what Oh law has to say: 1/18/2008: Challenges for Immigrants: Ongoing and Forthcoming * In the election year, pro-immigration political platform constitutes a political liability as witnessed in the current national presidential debates, which turns the country into a...

OK, it's not very pretty. First off, there's not going to be another july fiasco. EB-3 RoW being oversubscribed, EB-2 India will not get many leftover visas towards end of the fiscal year. It's very much possible, EB-2 will remain unavailable till Oct. The big question is what will happen in...

Did you work while on tourist visa?

Feb 2008 bulletin: Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference...

It's more of a caution - be sure now than be sorry later. In this case the PD was never current in FY 08. I have yet to see even one FY 07 case get approved after Sep.

Here's the most recent one: http://www.immigrationportal.com/showpost.php?p=1842905&postcount=1

So you got your greencard even though your PD is not current? There is only one explanation - it was approved in error. I have seen a number of posts where USCIS approved the GC in error, only to revoke it later. You might get a letter asking you to return the card. The worst case scenario is...

Additional review I received the response to SR I created in Nov. Says the application needs "additional review". Last time I got "background check open" response. Does that mean namecheck is clear?

This happens very rarely - when a visa number is assigned before retrogression. In your case, since there's a RFE pending, visa number cannot have been assigned because the case cannot have been pre-adjudicated. So you just have to wait for your PD to be current.

EB-2 India with PD feb 2003? Yes, after maybe seven or eight years.

Reusing visas that would've gone waste is not robbing. Robbing would be if you take away EB-3 and give them to EB-2, even though there are EB-3s waiting. That does not happen. And if what you say about EB-1 India going to general EB-2 is true, then the reverse must also be true - EB-1 RoW...

From what I know, an IDENT means an exact match - usually happens when the candidate has some criminal record. Did you get an IDENT match?

Looks like the omnibus bill was passed by house without immigration clauses. No relief from retrogression.

Each category has it's own quota. CIS cannot arbitrarily take away visa numbers from one category and give them to another. So for example if demand for EB-2 and EB-3 are 6000 each, they cannot take away numbers from EB-3 and give them to EB-2.

Since his PD (Oct 2002, EB-2 India) is not current, he will not get his greencard in Dec, or Jan 2008. Since the Jan bulletin says that EB-2 India may go "unavailable" soon, it's very likely he won't get his GC in FY 2008, which ends in Sep. The earliest he can hope for is Oct 2008, however I...

It works like this - there are about 3000 visas for EB-2 India per year - including dependents. Every year many tens of thousands apply in that category. The exact number is unknown. Which means only a fraction of people will get greencards. The rest wait for next year's quota to open up, which...

Being an ally country doesn't exempt you from at-home security checks. If anything, they can get your records more easily from, say, a NATO country than, say, Russia. I remember someone mentioning her husband was arrested in Italy, which was incorrect, but just goes on to show that criminal...

No it won't. No they don't, if they have a choice that is. Are you volunteering to leave?