spicy_guy
08-11 11:46 AM
Are we concluding that we will not have any support from IV for EB3?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Everyone wants to do that. But the question is how?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Everyone wants to do that. But the question is how?
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CADude
02-21 11:19 AM
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
gvenkat
10-21 12:38 PM
/* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
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rajuseattle
07-14 07:14 PM
ajthakur,
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
U r covered under AC-21 if I-140 is not revoked by your previous employer.
Be truthful to USCIS and using a very good attorney firm drat AC-21 and Employment verification letter to USCIS. Since your PD is current chances are after reviewing the new employment letter USCIS might approve your case.
Please dont waste time in on this forum, instead spend some money to consult Rajeev Khanna or Sheela Murthy, it is worth spending every penny on the advice and their services for invoking AC-21.
Per your RFE notice it looks like, USCIS is only interested in verifying your current employment in the similar profession. good employment verification letter and AC-21 draft is good to save your GC.
RFE might have triggered due to previous H1B transfer, it has nothing to do with your employer revoking I-140. Trust me lot of desi consulting companies dont want to take any "Panga" with USCIS and 99% of the time they just ignore employees leaving them. So dont worry, dial in Murthy or Khanna consulting services and see what's their take on your case. If you are getting any help from new Employer's attorney that will be free of cost to you.
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
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rodnyb
02-12 08:53 AM
My understanding is that they wasted over 300K from till 2005
See my post
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1069897-docements-for-data-mining-please-add.html
their own statistics
They haven't wasted too much since 2007, at least for EB. There might be some rounding errors (a few thousand) as they got visa number but the case denied or applicants gave up. Not sure CIS or DoS can issue more (say 5%) number to move PD to eliminate the problem.
See my post
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1069897-docements-for-data-mining-please-add.html
their own statistics
They haven't wasted too much since 2007, at least for EB. There might be some rounding errors (a few thousand) as they got visa number but the case denied or applicants gave up. Not sure CIS or DoS can issue more (say 5%) number to move PD to eliminate the problem.
GC_ASP
03-18 05:45 PM
Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".
When they use this spill over, only PD is imp not the country.
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When they use this spill over, only PD is imp not the country.
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
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va_labor2002
07-24 12:38 PM
Hi rpatel,
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
I agree with your points.You are totally right. We should atleast try this channel. I think IV should address this issue to USCIS.
I concur with the fact that manner in which the law is written/interpreted currently, its going to be an uphill task to convince the USCIS of letting us file I485 without a visa number available. Did the core group make any effort in this direction or is it their foregone conclusion that its non starter at all?
I believe we should try to make an effort in this direction however small the chance of success may be. My reasons are following:
1. Even if the USCIS director might not have an authority to change the procedure without congressional intervention first, the effort required to convince a congress man/ congressional committe on this issue will be smaller compared to pushing them to take up SKIL immediately.
2. I dont know if Dept of Homeland Security might have any say in this but again we can try getting an audience with Negroponte to appraise him of the situation.
3. Thirdly since CIR/SKIL are currently in dormant stage, coregroup/volunteers might be more open to pursuing low potential/high yield effort like this one is.
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ps57002
08-15 07:07 AM
are color copies necessary. I'm clueless and trust lawyer's office to know..they seem they know what they are doing. I wasn't asked to make copies, just bring in my recent passport (i have 3 old ones...been in this country too long on F-1 etc) and I'm assuming she made color copies..not sure. Is that trouble?
Also do you NEED to submitt ALL your previous stay details on F1 etc and have all docs related to that. They didn't ask me all that, only H1 stuff as I've been in USA for 16 yrs, so it's hard to give everything related to that...
Please advise. I know I will get RFE anyways as I don't have time to get the medical done and will be submitting without that and most likely with a copy of PERM, not actual hard copy, since it won't come on time.
Plz advise....thanks...oh and the fees are? Nervous. lawyer made me make checks payable to USCIS and I see some people sayng "dept of homeland security"...please advise.
Also do you NEED to submitt ALL your previous stay details on F1 etc and have all docs related to that. They didn't ask me all that, only H1 stuff as I've been in USA for 16 yrs, so it's hard to give everything related to that...
Please advise. I know I will get RFE anyways as I don't have time to get the medical done and will be submitting without that and most likely with a copy of PERM, not actual hard copy, since it won't come on time.
Plz advise....thanks...oh and the fees are? Nervous. lawyer made me make checks payable to USCIS and I see some people sayng "dept of homeland security"...please advise.
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jcmenon
07-24 02:49 PM
jc menon...have u ever taken a law class? - No
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
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thomasstuart
11-25 07:08 AM
Thanks a million. Very useful indeed. I've taken a quick look at the links and I think this could be quite an interesting path to follow. Once again thankyou very much.
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abd
09-17 11:20 AM
Anyone received RFE letter? I've not received it yet.
In my case only attorney received in 5 days of RFE. I never got copy.
In my case only attorney received in 5 days of RFE. I never got copy.
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gc28262
03-10 03:27 PM
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
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yabayaba
08-11 02:23 PM
Also Could me in..
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yawl
08-15 04:16 PM
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
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delax
07-19 08:55 PM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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gc_chahiye
08-21 02:15 AM
Thanks for your response. ;)
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
So will AOD processing for EB-2 be a lot faster than EB-3 as long as I capture the PD of 12/04?
yes, EB2 dates have been better than EB3 for all countries, but in your case this would be especially big. All this while that EB3-ROW has been retrogressed back so much, EB2-ROW has been current. If you are from ROW (Rest-Of-World, ie not from India/China/Mexico/Philippines) and get a chance to go from EB3 to EB2, JUMP AT THAT CHANCE!
As someone pointed out earlier you need your EB3 I-140 to be approved, then when you file the new I-140 (for EB2) include a copy of the previous I-140 approval notice requesting that the PD be ported over. They will port it.
Once that I-140 is approved, send that approval notice to USCIS with your I-485 receipt, asking them to replace the current I-140 (the EB3 one) with the new (EB2) one (google "interfiling")
This might make a difference of a couple of years in your approval if the dates move like they did in the past!
more...
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balakishore
07-18 11:58 AM
sachug22,
Just wanted to know Where did you get the India numbers ? . If you have any link, can you please post the link here.
Thanks
Just wanted to know Where did you get the India numbers ? . If you have any link, can you please post the link here.
Thanks
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whitecollarslave
01-18 01:36 PM
Talking about ID cards, wouldn't a driver's license be a proof of legal stay? With the new rules they check for immigration status before issuing a drivers license. People who are tourists or visitors will not have a US state issued drivers license.
In my case, my driver's license is valid till my H1 validity.
In my case, my driver's license is valid till my H1 validity.
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franklin
04-23 02:31 PM
Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
chanduv23
09-28 09:59 AM
The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.
It is very obvious that America is still the best place in the world.
300k green card petitions in July itself says how much people want to be here.
But when it comes to supporting our cause, many people just back out.
I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going
It is very obvious that America is still the best place in the world.
300k green card petitions in July itself says how much people want to be here.
But when it comes to supporting our cause, many people just back out.
I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going
GCplease
03-04 09:26 AM
I am with Singhsa on this.
Recapture of un-used visas alone can make a huge difference.
Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.
Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
This will not completely remove the housing crisis, but it will definitely ease it a little bit.
Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.
My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.
We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.
We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.
Recapture of un-used visas alone can make a huge difference.
Recapture of the unused visas which amounts to 160,000 and the yearly quota of Employment based visas for 2008 will add up to 300,000 visas which would approximately mean 150,000 families getting a Green Card.
Once people get a Green card, they�ll feel secure about their future and start thinking about buying a home and settle down. 10% of this may already have a home. 40% may not have the intention of buying a home due to various reasons. If the remaining 50% decide to buy a home after they get a green card, that amounts to 75,000 homes being taken off the real estate market.
This will not completely remove the housing crisis, but it will definitely ease it a little bit.
Legal immigrants have a very good credit score and the Lenders will be more than happy to offer them loans. At an average home value of $ 200,000, this will amount to Fifteen Billion Dollars which will work along with the President's Economic Stimulus Plan in bringing the nation out of Recession.
My assumptions are very conservative here. Even thought the average price for a home in US is around 200k, most of our guys live in costly places where houses will average around 300k.
We are not offering to USCIS that so many of us will buy a home if we get a greencard. we are just showing them the potential here.
We are not asking them to change their laws to increase the quota of green cards. all they have to do is, do some administrative fixes (which we are lobbying for in the Letter to President Campaign) whereby they can re-capture un-used visas.
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