gbof
08-27 09:54 PM
Thanks buddy,
What is the procedure to the SSA update?
My family do not have SSA? I need to apply for them as well.
It won't take more than 1 hr to get all those. A simple form to be filled out (for a new SSN) and I think SS5 form (please google) for those updating SSN. It's very simple procedure. SSA will need proper ID/ and GC to verify your current status. Card should arrive in 2 weeks...
Best of luck for those who are current...
What is the procedure to the SSA update?
My family do not have SSA? I need to apply for them as well.
It won't take more than 1 hr to get all those. A simple form to be filled out (for a new SSN) and I think SS5 form (please google) for those updating SSN. It's very simple procedure. SSA will need proper ID/ and GC to verify your current status. Card should arrive in 2 weeks...
Best of luck for those who are current...
wallpaper with wild pink streaks in
Naveen
05-04 09:03 PM
thanks vbkris,
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
I was about to post similar reply.
Naveen,
We need INA language. nothing more nothing less.
All,
As of this post. I could not find the law linking ebdependents with ebquota.
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS \ Act 203(c) \ Section (d)
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
logiclife
03-09 09:19 AM
Listen, everyone is frustrated but to take your lives for a GC is crazy. If you guys are so depressed please seek medical help. If you have kids they will be US citizens they can sponsor you 18 years later so why are you that frustrated. When your wife is on H4 that is the best time to have kids because she is at home and you don't have to pay daycare. It is the woman in H1B that my sympathies are with bc they cannot go part-time or get more that 6 week maternity leave. So please buckle up or seek help, I don’t think your logic makes sense.
I tend to agree that suicidal thoughts borne out of frustration is totally crazy. Look at the Irish. They are illegals, yet they go to capitol Hill and themselves talk to lawmakers. And then probably in the evening, they might have drunk to that. Do you think they think like that...?:
Yes, if suicide is something that crosses your mind due to GC frustration, I think you need to seek professional help from a therapist. Because mental health is of higher priority than immigration status.
Putting off raising a family, having kids etc UNTIL you get GC is also not wise. Do you really want to tie that important decision of life with the process that's decided in the halls of congress?
Another thing...if you are from India and China, then I suggest you do this. Go to Barnes and Noble, and pick up one of the two books (or both).
"Flight of the creative class..." -- By Richard Florida.
"Flight Capital..." -- David Heenan.
Both are written on how hundreds and even thousands of US citizens(Citizens, not GC holders) are going back to their home countries after living in USA because home offers same opportunities in addition to being a the place where you grew up. They've analyzed 10 countries. India and China are one of them.
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of) but I am sure you are not loathe to going to Barnes and Noble and picking up a book and reading it. It will make you feel better. You and others like you, if not wanted by USA, are wanted elsewhere.
I tend to agree that suicidal thoughts borne out of frustration is totally crazy. Look at the Irish. They are illegals, yet they go to capitol Hill and themselves talk to lawmakers. And then probably in the evening, they might have drunk to that. Do you think they think like that...?:
Yes, if suicide is something that crosses your mind due to GC frustration, I think you need to seek professional help from a therapist. Because mental health is of higher priority than immigration status.
Putting off raising a family, having kids etc UNTIL you get GC is also not wise. Do you really want to tie that important decision of life with the process that's decided in the halls of congress?
Another thing...if you are from India and China, then I suggest you do this. Go to Barnes and Noble, and pick up one of the two books (or both).
"Flight of the creative class..." -- By Richard Florida.
"Flight Capital..." -- David Heenan.
Both are written on how hundreds and even thousands of US citizens(Citizens, not GC holders) are going back to their home countries after living in USA because home offers same opportunities in addition to being a the place where you grew up. They've analyzed 10 countries. India and China are one of them.
I know many people are averse to talking to their lawmakers because of unknown fears(totally wrong thing to do...there is nothing to be afraid of) but I am sure you are not loathe to going to Barnes and Noble and picking up a book and reading it. It will make you feel better. You and others like you, if not wanted by USA, are wanted elsewhere.
2011 blue eyes rown hair.
nixstor
08-19 07:15 AM
Guys,
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
There is no point in fighting over the inconsistency of CIS in picking applications. All of us know that a lot of people got approved last year during visa gate and many were left over even though their PD's are current. No one knows how USCIS picks an application for adjudication. It is clearly neither completely RD based nor PD based. It's up to the whims and fancies of CIS.
If IV were to make agenda's on the inconsistencies of USCIS, the list will be endless.
I have 04 PD and am waiting. I have friends with 06 PD's who got approved. I know its frustrating to watch your friends get approved and to have your own case pending for no reason. But this is NOT some thing we should be surprised about. CIS is trying to maximize visa number usage and trying to approve as many applications as they can. All of July 07 filers have passed the 180 days since the FBI name check has been initiated and ideally CIS should be approving applications with old PD's. We all know that we don't live in an ideal world. Imagine all these visa numbers going wasted. I personally (NOT IV) will try to get an answer to this FIFO issue, but the situation itself is short lived and probably will not exist by Oct 1st 08.
more...
hindu_king
05-08 04:15 PM
Reeves & Associates (California) has experience filing class action lawsuit against USCIS. His initial consultation fees is $100. For $100, he can at least tell us
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
1. if we have a case
2. if yes, whats the process
3. whats the cost for lawsuit
1-800-795-8009 is the number
http://www.rreeves.com/articles/immigration_en_10521.php
gc_aspirant_prasad
07-09 05:02 PM
There is a 99% chance of a TV crew covering this event. I just spoke with them and they are just working out the logistics. They will reach the USCIS office at around 12 PM and said that it would be great if some of us are available around that time to talk to them.
Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.
WOW! great effort buddy:)
Any D.C. area people interested in going there, please send me a private message with your name and phone number so that we can talk and work out the logistics.
WOW! great effort buddy:)
more...
eb3_nepa
12-11 07:50 AM
Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.
2010 natural light brown hair
krish2006
09-24 08:18 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
more...
Daisy
06-08 02:57 PM
That was comforting !
hair Dark Brown Hair With Light
kshitijnt
05-01 11:49 PM
Even if we have five people agree to file this class action lets do it .....
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
let us mass file FOIA with USCIS every month. Let us overburden them iwth information that we want to get. Officially they can act on our request or deny it in 20 office days. Then we should file a lawsuit based on FOIA if USCIS does not provide information in 20 business days.
Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.
1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.
2, Whatever the inital attorney consultion let split the consultation fee between five of us.
3, Once we have a stream lined class action in place will gather more people.
what you think ..?
I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.
let us mass file FOIA with USCIS every month. Let us overburden them iwth information that we want to get. Officially they can act on our request or deny it in 20 office days. Then we should file a lawsuit based on FOIA if USCIS does not provide information in 20 business days.
more...
nish17
06-22 01:47 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
hot Lavigne with pink streaks
conchshell
07-11 01:55 AM
Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.
An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.
Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.
more...
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brit_gc
08-02 11:16 AM
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
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jindhal
09-23 04:46 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate
more...
pictures If you are dark rown hair you
actaccord
02-17 11:11 AM
local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Local chapters need to be as active as IV forum to engage their members to take part actively.
dresses a pink streak in her hair.
TomTancredo
11-26 02:53 PM
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I have copy of that letter but it mentions the title and salary no job desc.
I have copy of that letter but it mentions the title and salary no job desc.
more...
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manchala
02-16 06:26 PM
Bank of America Bill Pay confirmation number C2WZ7-X3TSQ
Will be calling my friends and asking them to make some contributions
Asked few DC friends to definitely make it to the Event.
Will be calling my friends and asking them to make some contributions
Asked few DC friends to definitely make it to the Event.
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pappu
03-10 11:36 PM
This will really help. Simple things like posting on various web site forums about IV will be great
Least someone can do. we had a thread with this campaign. Could someone activate it again and encourage everyone to participate. We need to grow the community pretty fast.
Least someone can do. we had a thread with this campaign. Could someone activate it again and encourage everyone to participate. We need to grow the community pretty fast.
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sent
03-26 09:09 AM
Just curious
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
gclongwaytogo
10-11 05:19 PM
Dont know how far it is true, but I always look at that website. And usually they update the happenings quickly. And most of the time it is correct too.
And in my office, they applied for three of us and one has got the RNs. But we haven't. Attorney says that she has got RNs for her clients who applied in August. And asked me to wait, as nothing else can be done at this point.
And in my office, they applied for three of us and one has got the RNs. But we haven't. Attorney says that she has got RNs for her clients who applied in August. And asked me to wait, as nothing else can be done at this point.
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