Canadian_Dream
07-08 09:07 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
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diptam
06-22 04:52 PM
File 485 on your own Man - They are even contemplating even in issuing the Employer letter.
They are telling me that let the PD retrogress again - we will go by H1B :)
My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.
I was thinking of disclosing my employers name but then I will never be able to file I-485
They are telling me that let the PD retrogress again - we will go by H1B :)
My situation is not any better. I am working for a GA based company since 2001 got stuck in the backlog center with Priority Date Oct 2003 (labor apporved in Nov 2006 I-140 applied in May). After calling the company HR for 30-40 times in last one week I was able to talk to HR guy, he said the ceo will allow only those who have approved I-140 to apply for I-485. He also said then once priority date retogressed again I will be able to get 3 years H1B ext. that will be good for me.:mad: I think these desi blood sucking compnies will be obsolete in couple of years. If USCIS make the rules better.
I was thinking of disclosing my employers name but then I will never be able to file I-485
BharatPremi
11-08 11:47 AM
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
2011 2011 Cartoon Girl Walking On
abhis0
08-21 11:00 AM
I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...
Why do you have this hunch?
It seems like all the LUDs on approved I140 from Texas for July filers is pointing towards their I485 being sent to Texas too. Hence, this unimaginable prolonged delay. Can we do anything about it except sulk?
Let it run its course.
Why do you have this hunch?
It seems like all the LUDs on approved I140 from Texas for July filers is pointing towards their I485 being sent to Texas too. Hence, this unimaginable prolonged delay. Can we do anything about it except sulk?
Let it run its course.
more...
rajuseattle
09-24 05:09 PM
Guys i finally received our receipt notices on Sept 24th 2007.
Self and spouse I-485/EAD/AP filed @ NSC on Aug 07th 2007
Receipt Date: August 08th 2007
Notice Date: Sept 14th 2007
LUD: 09/18/2007 on 485/EAD/AP
LUD: 08/12/2007 on I-140 pending at TSC.
Awaiting my FP notice/EAD/AP/I-140 approvals.
PD: EB3 ( India) June 2003
Self and spouse I-485/EAD/AP filed @ NSC on Aug 07th 2007
Receipt Date: August 08th 2007
Notice Date: Sept 14th 2007
LUD: 09/18/2007 on 485/EAD/AP
LUD: 08/12/2007 on I-140 pending at TSC.
Awaiting my FP notice/EAD/AP/I-140 approvals.
PD: EB3 ( India) June 2003
nat23
02-05 03:40 PM
"Naitik, you just completed your payment.
Your receipt number for this payment is: 1607-9931-0030-0509."
Donated $50
Your receipt number for this payment is: 1607-9931-0030-0509."
Donated $50
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prashanthg
09-17 03:51 PM
Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
2010 What are little girls made of?
chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
more...
rahulp
09-10 06:20 PM
In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.
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53885
05-23 11:19 AM
Logiclife,
Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.
Also i will reformat the template in Word and fax it to 12 senators.
Is there any reason to send emails to 2 + 10 senators only? If recommended I can send to all senators later today or tomorrow.
Also i will reformat the template in Word and fax it to 12 senators.
more...
shana04
07-20 11:20 AM
Shana04,
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
I would be happy either way that I have contributed to IV, but would be even more happy if the fund is used towards a great cause.
Thanks,
Shana04
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
I would be happy either way that I have contributed to IV, but would be even more happy if the fund is used towards a great cause.
Thanks,
Shana04
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riyaz.pirani
09-22 03:41 PM
What center did you file NSC or TSC
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nousername
01-30 04:23 PM
Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it..
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
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CADude
08-23 12:56 PM
I am not sure if TSC receiving/encashing 485 application all 5 days. We get few check encashment then lul for couple of day. then again few more...
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
Mon - 485 (TSC filed)
Tues - EAD
Wed - AP
Thur - 485 (NSC filed)
Fri - EAD
Sat, Sun - Holiday
I was anticipating check encashment in masses. But it didn't happening. :)
Yes If you are lucky one then getting 485/EAD/AP together..:D:D
more...
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chanduv23
06-26 10:06 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.
One thing we have to understand - employer can decide to hire who they want but must not discriminate.
Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"
Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
I am working on EAD after filing AC21. When I requested for EVL more than once because of NOID situation, my HR was not happy about it. She said she cannot keep giving letters all the time and she also expressed such concern to my manager. My manager in turn told me "This is why we do not get into this stuff, we were not aware of all this when we hired you and we have a policy to hire only Green card and USC" - all of it was oral. When I went into our HR website - it clearly states that hiring needs to have "i9" compliance and thats it.
One thing we have to understand - employer can decide to hire who they want but must not discriminate.
Basically if employers are not willing to sponser they must have ads as "Non restrictive work authorization" required and if the job needs security clearance they must say "nly security clearance"
Looks like most HRs or companies may not be following such pattern because they may not know. When my wife was applying for jobs - some reqruiters did not understand EAD and she explained and they said "We need to learn more about this"
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Abhishika
11-21 07:08 AM
Sorry to hear this.
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
more...
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jsb
09-11 03:23 PM
Since now as per USCIS notice of receipt status as of Sep 7, TSC is also finished with July 2 filings. All filings of July 2, no matter where you filed, should have been receipted. Allowing a few days for mail, all July 2 filers should have their receipts in their hands. NSC is way ahead of course.
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franklin
07-05 11:06 AM
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
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tonyHK12
02-25 02:27 PM
thanks cnag, wait_2010, IamWithImmiVoice, narayan_id for your contributions.
Total Contributions...........$9,525.00
Amount to be raised.......$40,475.00
.
.
Total Contributions...........$9,525.00
Amount to be raised.......$40,475.00
.
.
Macaca
07-08 08:28 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!
http://www.slate.com/id/1008367/
Please find a state dept or USCIS URL that explains the conditions under which dates become C, U or any other date. Thanks!
h1b_forever
09-23 03:56 PM
I am sure you dont deserve EB2, it shows clearly
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.
EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.
Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.
P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.
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