justAnotherFile
07-12 07:53 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
quoting from july visa bulletin as someone had pasted before
"Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants"
the dos has itself stated that these overflow number have to be allocated strictly according to pd order in order to abide by the law. they are not going to publicly state this and one month later do quite the opposite.
it must be truly a case of the uscis not providing sufficient number of approvable cases. now there could be some leeway there for uscis to help eb2-china by withholding some earlier pd indian applications saying they ar e not in approvable state. but i hope that is not the case.
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ChainReaction
12-12 12:57 PM
Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.
And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?
And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?
user1205
08-17 05:52 PM
I have the same frustration ... rules that are so vague and that USCIS doesn't even follow ... and I got all worked up about it when the predictions for the October bulletin came.
But then I told myself I have no control over this and the only thing it does it's ruining my days which makes it a lose - lose situation for me.
And before someone tells me that I have the power to change things by joining IV efforts, I'll tell you that I already did that.
[QUOTE=cessua;149683]I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
But then I told myself I have no control over this and the only thing it does it's ruining my days which makes it a lose - lose situation for me.
And before someone tells me that I have the power to change things by joining IV efforts, I'll tell you that I already did that.
[QUOTE=cessua;149683]I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
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xyz2005
07-18 09:43 AM
What is meant by "Rejected" here?
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)
Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.
I contacted my attorney but so far no reply. Will update all of you.
I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks
more...
guy03062
12-12 04:18 PM
I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.
jonty_11
02-22 11:39 AM
c'mon guys...instead of just hoping lets participat ein IV campaigns...it makes no sense that EB2 wud move a lot...just think abt it...there are just too many of...now that everyone jumped from EB3 to EB2...it would have been wise to continue with ur EB3 application.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
We need to get the a comprehensive fix to our problems..
Remember the way USCIS moves dates is based on how many applications they think they can process based on their resources..its not based on utilizing the country quotas for a particular year...hence the reason for loosing so many Immigrant VISAS every year..lets try to fix that...rather than hoping dates wud magically move.
Even if they move, I bet 90% of ppl who become current wud not get their GC in that particular month, and then the dates wud retrogress back to 1955 or "U" again.....
Concentrate on the big picture and IV drive to get Admin fixes...thats teh only real solution.
more...
sivakumar
02-22 11:57 AM
Hi Friends,
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
I have a question regarding the new ruling that states that if your Name check is pending for more than 180 days and your PD is current then you I-485 will be approved.
In my case I-485 was filed on 23 june 2007, FP was done on 12Aug 2007, got EAD on 23september 2007.
Since I had a RFE on I-140 it finally got approved on 25th October 2007.
NOW MY QUESTION IS AT WHAT POINT DOES USCIS SEND APPLICATION FOR NAME CHECK? Why I am asking this question is becase I want to calculate the 180 day period. will it be after finger prinitng (e.g 12august07) or after 1-140 got approved (e.g 25october07).
I am under EB2 caterory from India. My priority date is 12 March 2003.
As there is a feeling that the April visa might have 12/01/2003 as the priority date.
I may get it or I might not get it ( depending when FP started)
Please advice,
Thanks a lot in advance and anticipation of an answer :)
Siva.
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p_kumar
02-21 11:31 AM
thanks for your responses. its just like stock market. who knows what will happen.
more...
gondalguru
07-11 02:03 PM
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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ndbhatt
06-10 08:19 PM
Guys,
Don't fire up on my comments given below.
I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D
Guys, we still have options but US of A has too much at stake to make this text into a law.
Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.
bhattji
Don't fire up on my comments given below.
I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D
Guys, we still have options but US of A has too much at stake to make this text into a law.
Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.
bhattji
more...
myimmivoice
11-30 07:15 AM
from Plainsboro, NJ.
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sent
07-24 04:52 AM
My Lawyer says there is no need of such letter to be included and filed my papers and confident about getting that approved. I'm much worried and don't know what to do If gets rejected.
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
Sent an email to my lawyer again and waiting for his reply.
Any clue How to handle this?
more...
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namecheck3yr
02-21 11:32 AM
I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
1. What is the legal base? No legal base makes it become such a black hole.
2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
7. No transparency, nobody knows how they do it.
8. Not responsive, you cannot get any meaningful response except those excuses.
9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.
1. What is the legal base? No legal base makes it become such a black hole.
2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
7. No transparency, nobody knows how they do it.
8. Not responsive, you cannot get any meaningful response except those excuses.
9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.
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sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
more...
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miapplicant
09-11 11:00 AM
http://www.asianjournal.com/?c=201&a=29863
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
Thanks. Given the various posts on this, I hope this is true true true...:p
"In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."
Thanks. Given the various posts on this, I hope this is true true true...:p
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HarshJ
10-13 12:18 AM
PD Sept 2001
Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
I-140 RD Mar 12 2007
I-485 RD Jul 23 2007
Received EADs, APs and I-485 receipts Sept 23rd 2007
Waiting !!:(
Labor Approval Jan 2007 (Yeah almost 6 YEARS !!)
I-140 RD Mar 12 2007
I-485 RD Jul 23 2007
Received EADs, APs and I-485 receipts Sept 23rd 2007
Waiting !!:(
more...
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vkannan
11-12 10:59 PM
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
Well, No wonder why we still could not pass any bill in our favour, Keep fighting Dude, EB1 vs EB2 v EB3 v horozontal spill vs vertical spill vs etc etc etc., Keep fighting....you are a good samaritan......
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GCKaMaara
10-15 01:02 PM
OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
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ak27
01-09 10:02 AM
Hi Guys,
I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.
Thanks,
Varsha
Varsha,
Are we on for concall. Please post it again...
I was out last week. I am back now. Last time when we had a conference call, we decided to post flyers about immigration voice in our local communities and also getting in touch with the local newspapers. Since everyone is back from the holidays now, lets have a conference call next Wednesday. Till then, please post as many flyers as possible to increase IV's awareness.
Thanks,
Varsha
Varsha,
Are we on for concall. Please post it again...
vandanaverdia
09-12 08:35 PM
Guys,
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
Come rain or shine... You should be with all of us in DC!!!
GO IV!!!
Good to know the weather will be good, but even it is not, the spirit shouldnt die. I wish all realize this. I hope the weather is horrible and we all still make it to make the voice heard louder.,
Sri..
Hey sri: Are you hoping for horrible weather because you are not attending the rally??? Your public profile says you are not attending the rally????
Come rain or shine... You should be with all of us in DC!!!
GO IV!!!
komaragiri
08-09 12:25 AM
I am spending sleepless nights worrying...and regarding resubmitting, is it not a waste submitting it twice - will they encash the checks twice?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
When did you submitted your applications?
OR
it seems to be a better idea to just enclose the RN # and submit the EVL separately...
When did you submitted your applications?
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