Macaca
07-09 12:21 PM
We need to define immediately available.
Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
10K+ GCs were returned in 2006 but soma (??) categories were not available.
Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
10K+ GCs were returned in 2006 but soma (??) categories were not available.
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siva9
09-12 04:19 PM
My application reached NSC on July 31, 2007.
Today I received my receipt numbers from my lawer.
Today I received my receipt numbers from my lawer.
my2cents
09-19 05:56 PM
Any solid prediction on EB-3 I
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
I think EB-3 I are hopless. Looks like everybody excited in EB-2 Jump and we are left to suffer ..:(
2011 love you more each day.
ramus
07-07 10:53 PM
Where you getting your number from? Did you already set up poll?
Hope somebody is serious out there, just kidding
Hope somebody is serious out there, just kidding
more...
nixstor
06-22 01:45 PM
I think people are confused and think that pay stubs can be substituted for Employment letter. I don't see how that will be accepted. The 485 application ( See on page 4 1st para ) clearly states that they need a letter from employer stating that the job for which GC has been filed is still available and the salary will be paid as per the LC and 140. This is NOT current employment verification letter. Period. Its about future job. The job titles of H1B (current job) and GC (future job) can be different. Get out of the H1B transfer and extension mode.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
If the letter from employer is part of initial evidence and you don't have it, your application might come back as per the memo release on Jun 16th.
kondur_007
07-28 01:04 PM
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
This is exactly I have been trying to communicate for a long time.
I said this in my previous posts:
Following is my post from May:
http://immigrationvoice.org/forum/showthread.php?t=18876
Then I said it again:
http://immigrationvoice.org/forum/showthread.php?t=19058&page=2
Then I said it again and again:
http://immigrationvoice.org/forum/showthread.php?p=261937#post261937
And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
This is exactly I have been trying to communicate for a long time.
I said this in my previous posts:
Following is my post from May:
http://immigrationvoice.org/forum/showthread.php?t=18876
Then I said it again:
http://immigrationvoice.org/forum/showthread.php?t=19058&page=2
Then I said it again and again:
http://immigrationvoice.org/forum/showthread.php?p=261937#post261937
And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.
more...
walking_dude
10-09 10:21 AM
People are so 'adjusted' to standing in the queue, they want to make the queue permanent for themselves, as well as others. Reminds me of a story where a gentleman asked for a boon from God to turn him 'blind in one eye' so that his neighbor, who asked God that he be given twice the first one asked, will be blind in both eyes!
What does ending 'Retrogression' have to do with PDs? If retrogression ends, it means everyone will get GC in 6 months to a year. Even those with earlier PDs benefit along with newer PDs. No one's left out (except for FBI name check which doesn't honor PD now anyways!). I can't understand why people have problem with that, when they have equal chances of getting Permanent along with others.
PDs are irrelevant for EB1, EB2 ROW etc. No one cares or probably even knows their PD in those categories. PD is comparable to Jail system to keep people locked up ( 'your time to get out has not come yet'). Making dates current is freeing everyone from this Jail together. But some people don't want it to happen. Arguments such as 'I spent 6-7 years waiting, others should also wait' is immature and childish. I can understand 5 year tots making such kiddish demands. It's sad to see mature grownups acting such childish manner. Some people have become adjusted so much to 'Retrogression System Jail' they never want it to end , like the way Mr. Red ( Morgan Freeman) is scared of leaving the jail in the 'Shawshank Redemption', as life without the jail (Retrogression) scares them!
There is a medical term to describe this mental condition 'Crab Mentality', which is often used to describe Alcoholics and Drug Addicts. Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
This is my last post on the subject. I've better things to do ( my chapter meeting, IV action items etc.) than waste time arguing with arm-chair pundits.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
What does ending 'Retrogression' have to do with PDs? If retrogression ends, it means everyone will get GC in 6 months to a year. Even those with earlier PDs benefit along with newer PDs. No one's left out (except for FBI name check which doesn't honor PD now anyways!). I can't understand why people have problem with that, when they have equal chances of getting Permanent along with others.
PDs are irrelevant for EB1, EB2 ROW etc. No one cares or probably even knows their PD in those categories. PD is comparable to Jail system to keep people locked up ( 'your time to get out has not come yet'). Making dates current is freeing everyone from this Jail together. But some people don't want it to happen. Arguments such as 'I spent 6-7 years waiting, others should also wait' is immature and childish. I can understand 5 year tots making such kiddish demands. It's sad to see mature grownups acting such childish manner. Some people have become adjusted so much to 'Retrogression System Jail' they never want it to end , like the way Mr. Red ( Morgan Freeman) is scared of leaving the jail in the 'Shawshank Redemption', as life without the jail (Retrogression) scares them!
There is a medical term to describe this mental condition 'Crab Mentality', which is often used to describe Alcoholics and Drug Addicts. Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
This is my last post on the subject. I've better things to do ( my chapter meeting, IV action items etc.) than waste time arguing with arm-chair pundits.
You must be one of those who is retrogressed and is hoping that somehow the Government will remove retrogression and you will be one of the lucky few who will magically slime through while there are others who were way ahead of you in the queue still waiting. Therefore I understand your anger whenever someone talks about honouring queues. It is human psychology. When we are at the beginning of a queue, we prefer that queues are honored and we are at the end of the queue, we wish we could somehow get to the beginning. There is no rocket science involved here. You are human too.
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browncow
07-09 01:39 PM
The problem will come, if you have an RFE for employment. If you get a letter from client, they will say that the company has employed, say for example Mr John as a Programmer Analyst for a period of 1 year. This will open up one major issue, that is you do not work for a company. The H1 and 485 is an application that is sponsored by a company, there is no clause for self sponsor. So when they see u are self sponsored, they could reject your 485.
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
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n2b
08-13 02:05 PM
DId your checks get cashed and receipts issued.
I heard from a friend,he got a receipt but checks not cashed yet.
The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.
I heard from a friend,he got a receipt but checks not cashed yet.
The checks were submitted by my attorney and I am sure they might have cashed but I can not say for sure.
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hsingh82
02-25 06:31 PM
$25 sent by online check.
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reddymjm
03-26 09:23 AM
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
Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.
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
Hey mine is EB3 March 2003. I am expecting some good news IN 2009 summer. If I get it before that I think it is a miracle looking at the USCIS activity.
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sanhari
07-21 08:47 AM
First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,
IV Id----------------Week of Contact-------------------Any update
Sanhari --------------- July 12 2010 --------------- Automated email response
Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....
more...
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ganguteli
03-06 05:18 PM
For me country cap was an important issue, so I started a focus group. If you think filing I-1485 is more important than start a focus group, you may find 100s who will support you...you can start a yahoo group
http://groups.yahoo.com/
While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.
http://groups.yahoo.com/
While it is temptig to start an agenda item and group, I do not think time is right. You may end up too muchg attention in the bad economy and anti-immigrant atmostphere. It is better not to go on offensive and instead work on saving your job.
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DianaSteve
03-10 12:27 AM
I believe when you get a promotion a new H1B has to be filed and that is hurdle in many aspects. Or what if the company is small and there is nothing to aspire for... like me?
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cnachu2
03-04 10:10 AM
I sent check for $45 on last friday.
Thank you for everything.
Chandra.
Thank you for everything.
Chandra.
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shyamkishore
11-17 09:43 PM
Just sent the email ...
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gene77
03-25 10:01 PM
I am curious to know what's stopping the EB3s to port their dates to the EB2 category. I've been seriously considering this lately.
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
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getgc2008
07-09 02:41 PM
I am in a similar position but working on 3 months contract through a consulting company on w2. It is similar to my 485 job details, but it is a short term project.
Would I get an RFE if I work on contract on W2?
Would I get an RFE if I work on contract on W2?
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siaa96
10-08 01:01 PM
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Being a 2001 PD myself I fully sympathize with you for your trauma and support your notion that the Immigration System should give weightage to the number of years in the US, I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky. Either they give it to everyone (all the 800000 that applied) or they do FIFO based on date of entry in the US. If not, the present system of retrogression at least ensures that a person who came into the US in 2007 does not win the Inky-Pinki-Ponky game before a person like me in the queue since 2001. I agree that some extremely unfortunate people like you lose out, but it is still fairer than having no retrogression with the quota limitations in place, as that would be totally unfair.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
Being a 2001 PD myself I fully sympathize with you for your trauma and support your notion that the Immigration System should give weightage to the number of years in the US, I do not support the notion of ending retrogression. Given that there are only a finite number of visa quotas, ending retrogression will make the GC a game of Inky-Pinky-Ponky. Either they give it to everyone (all the 800000 that applied) or they do FIFO based on date of entry in the US. If not, the present system of retrogression at least ensures that a person who came into the US in 2007 does not win the Inky-Pinki-Ponky game before a person like me in the queue since 2001. I agree that some extremely unfortunate people like you lose out, but it is still fairer than having no retrogression with the quota limitations in place, as that would be totally unfair.
vkjanam
11-17 05:14 PM
Done.
Jaime
06-26 10:49 AM
Santosh_gc, I agree with you when you ask "how can illegals be granted a path to citizenship, etc" I am from Mexico and I am as much against that as you, or even more! All those illegal aliens are essentially getting a free ride and the U.S. is trying to act all "Mother Teresa" with them just to attract the vote of Hispanics. It's sickening!
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
At the same time, you do stereotype Mexico and that is unfair. Yes, the majority of illegals are Mexicans and that is simply because of geography. How do you explain the tens of thousands of illegals from Canada and Great Britain? (Canada is the #4 country source of illegal immigrants in the U.S. Just check the USCIS statistics page: http://www.uscis.gov/graphics/shared/aboutus/statistics/illegalalien/#Table1)
You claim you are not racist. Think again
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