S. 1932 Status


Registered Users (C)
ring said:
Since currently a lot of people are filing Perm and EB2 filing what will be the effect on EB3 category as a filing under EB2 can file parallely EB2 and EB3 category on I-485 ? Does the extra unused visa numbers that once used to go for EB3 now will only go to EB2 category?

The EB3 category has stuck me badly as i now have more 5 + yrs experiece, I cannot still file perm as i am working for the same employer and same job position. If i am moved to a different higher job position same employer can i file under EB2 perm ? and since i have an approved labor under EB3 and I-140 under process could i use the EB3 priority date after I-140 clearing ?


Here is my two cents worth.

The experience gained with the same employer may not be counted for the fresh application. However if you have the 5+ yrs experience, prior to joining this employer, you may be able to file for the higher position, after your employer meets the requirement for the active recruitment prior to filing PERM.

It is best to consult a good lawyer, in this regard.




Registered Users (C)
Just my 2 cents here


I was part of priority date retrogession back in the late 90's .. Note that there was no such thing as 1 year extension beyond 6 yrs . There were bumps then & there are bumps in the immigration process now ..but I believe that legal immigration proces is getting better day by day ..look at 1 year extensions , perm, faster i-140 & the last step for faster 485's .

I have a feeling that things should turn around & this retrogession effect is a short term effect

Good luck to all of you friends


Registered Users (C)
Agree with Higcoptimist assessment. Also other pointer

Bachelor's with 5+ years has to be before the current employment to qualify for EB2

The grey are starts if you do your part-time MASTERS from USA while your LC is still in progress. I do not know what happens then but ask your lawyer. These guys MAY (i repeat MAY) slide thru under EB2.

Also note, at the I-485 stage, they will have to chose EB2 or EB3. At that only one application will be with USCIS. I have a feeling with too many people transfering to EB2, it MAY (i repeat MAY) become equally retrogressed as EB3.

GCStrat :)


Registered Users (C)
EB2 Perm

Thanks for the replies. I spoke to my lawyer and he said that though if he files EB2 perm still i cannot use the priority date of EB3 since the job requirements and position has changed and the labor filing was from the same employer it is true ? He said one can use the EB3 priority date only if i get the PERM filed by another company ? :(

And this is a million $ question, did anybody make any calculation on how the EB3 numbers for India progress the coming fiscal year (i am in June 2002 boat)?

gcstrat said:
Bachelor's with 5+ years has to be before the current
employment to qualify for EB2

The grey are starts if you do your part-time MASTERS from USA while your LC is still in progress. I do not know what happens then but ask your lawyer. These guys MAY (i repeat MAY) slide thru under EB2.

Also note, at the I-485 stage, they will have to chose EB2 or EB3. At that only one application will be with USCIS. I have a feeling with too many people transfering to EB2, it MAY (i repeat MAY) become equally retrogressed as EB3.

GCStrat :)


Registered Users (C)
Congratulations Member!!

I remember reading a post from Member who posted a reply he received from IL Senator Mr.Obama regarding upcoming immigration reform bill. This morning when I saw S1033 status, I noticed SEN Obamo is added as a Co-sponsor to the bill as recently as Dec 14th. I am sure that's when this member brought this issue to SEN's attention.


This shows the success of one such member's action. NO FUSSY/TONS OF EMAILS.. NO SERIES OF PHONE CALLS... but a simple email message outlining the serious of this issue and ofcourse he acted on his own and finally mustured 1 vote. This is lot more than a single vote.. this is adding a senator as a co-sponsor is amazing. This is how we need to educate our senators to vote for it. We are not trying to paid a rosy picture here.. we trying to balance a immigration crisis and its implications of having a broken system.

I would just like to thank and congratulate that individual. I don't know the name but doing a simple search on this site for "Obama" will tell us who that person was. Thanks again and we should keep up the good work on pursuing powerful leaders.


Registered Users (C)
Here is the person I was reffering to.

Thanks for taking time to do this. It meant a great deal. If we add the co-sponsor list more, I am sure the opposition will be very minimal. Let's hope we will succeed in this effort.

yamkara said:

I have been more or less a silent observer on this forum but I do believe that going out and contacting our House Reps & Senators has been having a largely positive impact. More importantly, it has been useful in educating them on our situation and clearing up some of their many misconceptions.

I have been writing to the U.S. senators in my state i.e. Illinois and here is the latest email I received from Senator Obama.

Dear XXX:

Thank you for writing me regarding immigration policy. I share your belief that our current immigration laws should be reformed.

Immigration will certainly be one of the most important topics debated in Congress this year, and I intend to play a large role in that discussion. I share your belief that legal immigration is beneficial to our country. After all, America has always been known as a country of immigrants. I am also generally supportive of efforts to ensure that jobs not being filled by American workers are available to immigrant or foreign temporary workers and that all workers are paid fairly for their work in a manner that does not depress domestic wages. While I understand that frustration with illegal immigration runs deep in all sections of our country, I think that updating our immigration policy along the lines you suggest would go a long way to alleviating that problem.

The President and Congress must look at immigration reform in a comprehensive manner to guarantee that all workers, including immigrant and “guest” workers, are treated fairly and are afforded basic labor protections. I look forward to working with the people of Illinois, my colleagues in Congress, and the President on these issues during my time in Washington. Together I am confident that we will be able to shape immigration policies that benefit both new immigrants and American citizens.

Again, thank you for contacting me. Please stay in touch on this or any other issue of concern.


Barack Obama


Registered Users (C)
H1 Status ?

Does this bill apply to someone on H1 status or is it a new Visa Type.
Im specifically interested in the section for filing Adjustment of Status even though visa numbers are not there...


Registered Users (C)
Please volunteer and join

Immigration Voice.


We are raising funds to have a strategist work for us who can articulate our goals and objectives in a politically compelling way to the congress.

Our main goals are

1. Retrogression relief.
2. Proper, effiicient and transparent backlog elimination(labor GC).

Please visit the site and see if its something you can relate to. You can enroll for free and contribute only after you are confident.

So far, we have rasied $ 21,000 and every bit of it is going to go towards elimination of retrogression and labor backlogs.



New Member
New Guy

I am New to this forum. I observed all the postings but I didn't get when the debate will start on this Comprehensive Bill. And what is that bill, is it S.1932.
Or some other. Please Post some information about this, so that new comers like me can understand that. Thanks


Registered Users (C)

S1932 is the history and Comprehensive Immigraition Reform is the future. People on this forum who (actually started IMMIGRATIONVOICE) worked hard during S1932. It is true that the efforts they and other people who come on this forum made did not convince the lawmakers to address the retrogression problem. However, S1932 brought legal immigrants close together and made them strong to fight and get rid of retrogression.

There are lot of things going on so please visit WWW.ImmigrationVoice.ORG.
Please become a member and support what they are doing by doing three things.

1. Join Immigration Voice
2. Contribute money.
3. Become volunteer and start meeting lawmakers.



Registered Users (C)
Lamar Smith to Karl Rove, September 2005

In September of 2005, a fax intended for Karl Rove was intercepted in which Lamar Smith stated:

"Immigration needs to be considered in the context of: (1). Media Bias, (2). Animosity toward the president and (3) the feelings of the Republican base."

Smith is a member of the Subcommittee on Immigration, Border Security, and Claims as well as the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity. No issues regarding the legislative jurisdiction of these committees were mentioned in the memo.

Smith also suggests that "Liberals can easily and accurately be painted as opposing enforcement." [3]



Registered Users (C)
Urgent Query on H1

I have a question:
Does a person become subject to the H1bcap when he changes employment from a H1b cap exempt employer to a NOT exempt employer?


Registered Users (C)
From Carl Shusterman

Legislation: The Future of Employment-Based Immigration during the next few weeks, Congress is scheduled to decide the future of
employment-based immigration to the United States.

Comprehensive immigration reform proposals by Senators McCain and
Kennedy, Cornyn and Kyl, Hagel and Specter will be considered by the Senate in February.

Each proposal contains a combination of the following elements: (1) a
guest worker program; (2) stricter immigration enforcement; and (3) an
expansion of the employment-based immigration system.

The guest worker program is, by far, the most controversial part of the
package. To President Bush and its Congressional proponents, a guest
worker proposal is simply a way of creating a procedure to allow U.S.
companies to continue to employ millions of foreign-born workers to fill jobs which American choose not to perform.

Opponents of a guest worker program maintain that if employers simply
raise their wages, American workers will do any job. Call me a "doubter".
Our unemployment rate has been hovering around 5% for over a year. Yet,
the Wall Street Journal recently ran an article about lettuce growers who,
unable to harvest their crops, raised their rates to over $10 per hour. A few
Americans applied, but none lasted more than a few hours. How many of the
unemployed are willing and able to perform stoop labor in rural valleys?

The opponents of a guest worker program refuse to vote for any program
which looks like an "amnesty". Chairman James Sensenbrenner (R-WI) of the
Subcommittee on Immigration in the House of Representatives puts it
simply: "A guest-worker program that applies to illegal aliens already here is an amnesty." Representative Sensenbrenner and over one hundred Republican Congressman in the House of Representatives are against any "amnesty". Since Chairman Sensenbrenner will be the chief House negotiator in any Senate-House Conference Committee on an immigration reform bill, this spells trouble for any guest worker program.

If the guest worker program does not include the 10 million plus
illegal workers who are presently in the U.S., there is not the slightest
possibility of either regularizing their immigration status or of deporting them.
That is simply a fact, and building a huge fence on Mexico's border (no one
ever suggests doing so along the Canadian border) with the U.S. will simply
discourage illegal workers in the U.S. from returning home to visit
their families. Also, it does nothing to stem the influx of illegal workers
who enter the U.S. with visas and then overstay. Those in Congress who
think that by criminalizing these people the problem is solved are kidding
themselves and their constituents.

The real solution is to look reality square in the face, and fashion a
solution which will penalize illegal workers, but, at the same time, allow them
to participate in a guest worker program that will eventually result in
them becoming permanent residents of the U.S. Unless there is a light at
the end of the tunnel for them, what is the incentive for them to come out of the shadows and register for the program? The McCain-Kennedy bill contains such a program.

At least one ex-INS prosecutor (The one who writes this newsletter)
knows that the government cannot solve the illegal alien problem by wishing it away, or by an enforcement-only approach. Ten years after President Clinton enacted a "get tough" at the border policy, the number of illegal workers in the U.S. has more than doubled. Congress must realize that, in the post-9/11, world, the United States simply cannot afford to have 10 million persons in the U.S. who are unknown to the government. Every citizen should write to his Member of Congress and tell them that he/she wants these people identified, fingerprinted, registered with the government, paying taxes and learning English.

Whether or not the Congress enacts a guest worker program, the United
States has another immigration problem that needs to be solved, and solved
now. Our country is educating less scientists, engineers, doctors and nurses
than we did when I graduated from law school in 1973. In the meantime, countries in Asia are graduating far more of these professional workers than does the U.S. Fortunately, many of these professional workers have been supplementing the U.S. workforce for the past 30 years. Unfortunately, during the past year, huge backlogs in our immigration system have developed, and many of the best and brightest of these professionals are choosing to stay at home. This does not bode well for our security and our industries.

Our country is losing its manufacturing base. For example, the U.S.
automobile industry is firing tens of thousands of U.S. workers and G.M. and Ford are edging ever-closer to bankruptcy. Why? Because the American public is choosing to buy automobiles produced by Japanese and German companies.

Fortunately, thanks to the immigration of tens of thousands of Indian
and Chinese engineers to the U.S., the top software, chip makers and
biotech companies are still located in the U.S. But with our outdated
immigration laws making it increasingly difficult for U.S. employers to hire talented foreign- born scientists and engineers, how long can America maintain its dominance in these industries? U.S. employers can vote with their feet the same as U.S. consumers. Make it impossible to bring a sufficient number of foreign-born engineers to the U.S., and Microsoft and Intel and other top U.S. companies will simply locate their new plants and hire their new engineers not in the U.S., but in India and China.

Most of the bills pending before Congress would increase
employment-based immigration to 290,000 annually. This would help insure that our country maintains its number one position in science and technology.


Registered Users (C)
The comprehensive immigration is being discussed between the senate and house members. The problem is that there are several bills and how they can make the bill comprehensive so that it address all the problems that immigration has.

The next two-three weeks are very crucial. It is very important that people keep meeting the lawmakers and request them to address the retrogression problem face by legal immigrants. Please visit WWW.IMMIGRATIONVOICE.ORG There are lost of things going on. You can work on solving this problem that you and many others like you are facing by doing following three things:




Registered Users (C)
Senator Bill Frist will know

Senator Bill Frist will decided which immigration bill, if any, to be bring up for discussion. It is entirely his whim when to bring it up. They had indicated Q1 of 2006. I think he will stick to that. Now that Alito has got confirmed, he should be a happy man. Since this is an election year, they will definitely bring it up and try to capture the hispanic vote.

McCain-Kennedy is the most "talked about" bill. Let us hope he brings that bill up for discussion.

GCStrat :)


Registered Users (C)
The problem with McCain-Kennedy bill is that the White House hates both McCain and Kennedy. So they might force some one else's bill to come up or it could be Specter's markup too.