hebron
08-10 06:13 PM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Hi gk_2000, May be I am the only one who doesn't understand the idea. If you don't mind could you please explain what you proposed with examples?
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neelu
12-11 05:09 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
INA should be changed which should be done through a legislative process, not through any rule making.
As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).
The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?
Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?
Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.
Any comments?
reddymjm
09-10 06:12 AM
IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
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Guest007
12-12 05:11 PM
Nrc2008070886
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CT_Green
04-10 11:41 AM
My PD is Oct 2003
Waiting for 485 approval. FP done. Have EAD.
Waiting for 485 approval. FP done. Have EAD.
greatzolin
08-15 04:18 PM
They should have continued down to EB3 w/ those dates..!
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go_guy123
09-09 02:33 PM
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
SKIL will NEVER see light of day so long there is the "pandering to illegals" democratic party is there in control of agenda. Under GOP there is atleast some better chance
of piecemeal and therefore SKIL bill has some chance.
SKIL will NEVER see light of day so long there is the "pandering to illegals" democratic party is there in control of agenda. Under GOP there is atleast some better chance
of piecemeal and therefore SKIL bill has some chance.
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prakgc
07-24 07:26 PM
Folks,
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
more...
feedfront
11-10 01:24 PM
How long did it take to get CPO email and card since 485 approval notice?
Thanks
I don't know. I've not received approval notice. I waiting for everything: approval notice, CPO, Physical Card.
Thanks
I don't know. I've not received approval notice. I waiting for everything: approval notice, CPO, Physical Card.
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satyasrd
09-09 02:10 PM
Almost everyone I know these days applies in the EB2 category. If the gates open and EB2 is made current, I think it's in the best interest for EB3 to pack their bags and go home.
Just my 2 cents
Just my 2 cents
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RaviG
07-05 01:56 PM
Why don't IV put a sticker next to paid member Id? That might inspire people.
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gvenkat
10-16 10:50 AM
At the risk of getting red dots. let me give my two cents. All the flower campaign and protests worked when USCIS did a screw up, this time around it's not USCIS thats screwing up it's the DOS that allocates the # of visas.
No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.
And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.
Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.
Until then enjoy what u have and have fun.. :D:D
No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.
And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.
Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.
Until then enjoy what u have and have fun.. :D:D
more...
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grinch
03-02 06:24 PM
Noooooooooooooooooo!!! gah thats two ppl who dropped out... aw
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dankusam
12-12 09:39 PM
Hi could someone please show me how to write the letter to explain reason for AP? Should I explain why I am leaving or emphasize on the need to come back?
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
Also, in the e-filing form the oversea address is not required as it does on the paper form, should I provide it anyway as the supporting doc?
Thanks much!!
more...
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Tito_ortiz
11-19 12:09 PM
Please do not take any precipitated steps that harm yours status ! Calm down. This is still the strongest economy in the world. You don't want to miss this unique opportunity !
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k3GC
11-10 10:06 PM
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
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grinch
03-15 05:19 PM
ok made thread, lets do this...
And are the polls done for this battle?
And are the polls done for this battle?
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GreenCardVirus
01-27 10:29 AM
Name Check is haunting quite many of those seeking Citizenship and Green Card.
This is not an issue of law. It is an issue of effenciency.
My case has been stuck up in Name Check for over 600 days now.
This is not an issue of law. It is an issue of effenciency.
My case has been stuck up in Name Check for over 600 days now.
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coopheal
03-10 08:34 PM
Hello,
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
....
If you are even remotely seriously about what you are taking update your profile.
I strongly suggest that we focus our time and efforts on a single and achievable target in this calendar year 2009.
Recapturing unused visa numbers from the last two decades would help us eliminate the retrogression issue. Other changes like Comprehensive Immigration Reform, Eliminating per country limits etc would require a leap of faith in the political process and it is unlikely to be achieved in this calendar year. The economy, unemployment rates, health care etc are bound to dominate the legislative agenda this year.
I suggest writing a petition or letter to the White House and the administrative offices strongly urging them to recapture the unused visa numbers.
I think we should follow the KISS ("Keep it Simple, Stupid") Principle to achieve this target.
If we add any other immigration provisions, it would increase the complexity of the legislation and it is bound to fail.
Could the administrators of this forum please consider my suggestion of focusing on recapturing the visa numbers and assign this task the highest priority.
....
If you are even remotely seriously about what you are taking update your profile.
alterego
07-12 07:34 PM
I posted this in another thread.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.
gc28262
12-20 07:18 PM
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
?
I am not convinced about this part. Do you have any link to some USCIS rule/document regarding this ?
As per my understanding H1B employee becomes "out of status" when the employer-employee relationship cease to exist ( laid off )
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