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.
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manishs7
09-24 04:54 PM
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..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
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..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
boreal
12-10 02:58 PM
pls email the url of the site you mentioned above
There are two posts from 'Ticked Off' at this link:
http://www.steinreport.com/archives/009849.html
There are two posts from 'Ticked Off' at this link:
http://www.steinreport.com/archives/009849.html
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jsb
11-08 12:52 PM
When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
more...
swissgear
08-25 04:34 PM
No approvals today? Whats going on???
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
There were a couple of approvals today from TSC by looking at the other site.But slowed down a lot. Maybe USCIS is taking a break this last week and preparing for the next month:)
Amitdon
08-31 11:55 AM
Can someone guide to start new thread ?
I know this is wrong thread but I need to ask somewhere.
I know this is wrong thread but I need to ask somewhere.
more...
gsthantry
08-14 01:55 PM
2 year EAD received
Applied on 7/7/2008
Receipt date 7/8/2008
Card production ordered 8/9/2008
Approval notice sent 8/11/2008
Actual card received 8/13/2008.
Lost 2 months due to renewal date starting 8/8/2008 instead of 10/8/2008
EB2-I
PD: Mar 2006
Applied on 7/7/2008
Receipt date 7/8/2008
Card production ordered 8/9/2008
Approval notice sent 8/11/2008
Actual card received 8/13/2008.
Lost 2 months due to renewal date starting 8/8/2008 instead of 10/8/2008
EB2-I
PD: Mar 2006
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guy03062
05-05 11:22 AM
Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.
more...
kannan
01-08 08:42 PM
Mine is NSC to CA, Still in CA only,opened 2 SR for FP,no use.Anybody is still in CA
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factoryman
06-08 06:51 PM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
more...
neerajkandhari
10-09 09:08 AM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP for travelling and EAD for working
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP for travelling and EAD for working
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breddy2000
05-23 08:40 AM
Will call them today at any cost
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Bollybaby
09-07 02:24 PM
Good luck..I filed everything on the 14th of Aug; for 485 I think the fees was 395; for EAD 180 and AP 170. all together 1490 for 2...1165 seems a little weird because first of all 1165 is not divisible by 2 :)); I guess based on old fee structure, 485 is 325 plus 70 biometric fee
QUOTE=GC4US;155886]My I-485, I-140 and I-765 for my wife reached Nebraska on August 17th, exactly the last day, because I was in my home country and came back on August 15th.
Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.
Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?
Good luck to all of you![/QUOTE]
QUOTE=GC4US;155886]My I-485, I-140 and I-765 for my wife reached Nebraska on August 17th, exactly the last day, because I was in my home country and came back on August 15th.
Obviuosly, no receipt# yet.....I think I will wait a couple of months to get it.
Could anyone, please, tell me how much you paid for 2x I-485, I-140 and I-765 for my wife. Is the correct fee: 1165$ ?
Good luck to all of you![/QUOTE]
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Murthy
11-19 04:36 PM
Please contact members of congress by clicking on the action alert below.
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
I sent it and got receipt confirmation e-mails from Senator Robert P. Casey, Jr. and Congressman Joe Sestak.But I never got copy of e-mail to my inbox.
Regards
Murthy
It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.
ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)
Please spread the word everywhere for more participation
Please post on this thread once you have sent the email. Keep this thread up for the next few days.
I sent it and got receipt confirmation e-mails from Senator Robert P. Casey, Jr. and Congressman Joe Sestak.But I never got copy of e-mail to my inbox.
Regards
Murthy
more...
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sbanil
09-20 10:37 PM
Which number to call?? Do they ask all the details of lawyer as well??
Thanks
What is the phone number to call to get the status of application? My applicaiton received on July 2nd at Nebraska Center and still no receipt notice . Checks are not cashed either. Is there anyway to findout the receipt number?
Thanks
What is the phone number to call to get the status of application? My applicaiton received on July 2nd at Nebraska Center and still no receipt notice . Checks are not cashed either. Is there anyway to findout the receipt number?
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dtekkedil
07-03 03:42 PM
We should tip the local and national TV channel to cover these by standing in front of the that building and see the kabloom FTD trucks pulling up there all day long constantly as if there is supplying of flowers to a cemetary.
Would be great.. but it will work only if enough people send those flowers! I suggest emailing your friends.. anyone who would listen! Persuade them to send those flowers!
Would be great.. but it will work only if enough people send those flowers! I suggest emailing your friends.. anyone who would listen! Persuade them to send those flowers!
more...
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newu77
08-17 06:51 PM
Please reply, We would like to know if anybody got receipt notice (or cheques encashed) and satisfy following criteria:
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Thanks
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Thanks
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kittu1991
05-01 03:17 PM
Wow..... Now there is a new thread for donors only to discuss the same thing. If you want to discuss further donate and be a donor.
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amitjoey
11-17 04:40 PM
Please also send the text by email to the staff you have rapport with at the congressional offices.
gccovet
02-09 01:37 PM
Done with paypal.
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
glus
07-09 05:08 PM
Guys,
Ms. Susan Henner, the greatest attorney and person, who help us with free advise, was kind enough to provide me with a contact info to reporter from a Journal News. I spent an hour on the phone with her and explained her the whole story, the problems and our flower campaign. Tomorrow, I will get photographed and we will get in-depth publication on Wendsday.
Please send flowers and send me a private message if you want to get in touch with the reporter. I live in Rockland county.
Keep sending flowers to Emillo Gonzalez.
Ms. Susan Henner, the greatest attorney and person, who help us with free advise, was kind enough to provide me with a contact info to reporter from a Journal News. I spent an hour on the phone with her and explained her the whole story, the problems and our flower campaign. Tomorrow, I will get photographed and we will get in-depth publication on Wendsday.
Please send flowers and send me a private message if you want to get in touch with the reporter. I live in Rockland county.
Keep sending flowers to Emillo Gonzalez.
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