chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
wallpaper Rainbow Brite Cartoon Birthday
vkotval
03-26 11:07 AM
I don't know how you have calclated that. As far as I remember seeing various threads on this forum, there are atleast 5-6K EB3 in 2002 and similar number in 2003 for India. Considering 2.5 number used per family I an guessing we need atleast 20-25K Green card numbers for EB3 to move beyond 2003. With just 3300 EB3 available per year, my guess is it'll take 4-5 years for cuttoff dates to go past 2003. I may be pesimistic, but this country's immigration system has taking all optimism out of our American dream...
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
sidshar
05-24 08:45 AM
sent.
2011 Cupcake Bites and other Pops
gimmeacard
09-09 09:01 PM
Ignore her. She dozn't deserve a response...Seems to be a mental case
i am pretty sure its a HE, dont think indian women have fallen that much
i am pretty sure its a HE, dont think indian women have fallen that much
more...
marty
05-30 11:57 AM
Thanks Marty once again.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
Thanks :)
Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
Thanks :)
Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.
marty
04-24 03:10 PM
I have done the landing and came back to US on Automatic Visa Revalidation as my 797 is valid. No problem at all while entering in Canada. The officer just looked at the permnant resident confirmation paper, ask how much funds I am carrying. I told him I have less than a $1000 but I will be transfering funds if needed. I was not asked to show the proof. Next I went to canadian customs and gave them the goods to follow list. The officer processed that and welcomed me to Canada. The whole process took like 15-20 min. While coming back to US the officer did ask me why I was travelling and what I do in US and I told him I came here to become permanant resident and I am on H1B in US. They asked if I applied for LPR in US and I said yes and it is pending. The CBP officer was aggressive, asked me lots of other question but didn't create any issues while issuing the new I-94. So overall, things went fine.
more...
kshitijnt
04-30 01:56 AM
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
There is a separate quota for EB1 and EB2 and EB3. EB3 category has highest number of applicants.
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
There is a separate quota for EB1 and EB2 and EB3. EB3 category has highest number of applicants.
2010 hair 2010 pink cupcake cartoon
ameryki
09-24 08:43 PM
Received FP notice today. The online tracker says following:
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
I am in the same boat as you. Got FP notices for me and the wife today in the mail and online tracker states received on Sept 10th. My lawyer sent it on Aug 1st to NSC and file # starts with LIN so we are ok there. any thoughts? how important is the receipt notice if we have the receipt number information handy?
Current Status: Case received and pending.
On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.
My lawyer confirmed that the application was posted on august 2nd 07.
Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?
I am in the same boat as you. Got FP notices for me and the wife today in the mail and online tracker states received on Sept 10th. My lawyer sent it on Aug 1st to NSC and file # starts with LIN so we are ok there. any thoughts? how important is the receipt notice if we have the receipt number information handy?
more...
jchan
05-01 01:40 PM
jchan,
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I believe, the family quota is not very farbehind. Defiantly not 4 years.
Even if it is 4 years. She has EAD and AP to hold on to. Instead of both being stuckup it would be better atleast one reaches shore immediately.
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
hair Birthday cake / E-Card
malaGCPahije
05-01 01:13 PM
I agree. Something strong needs to happen for EB3(I). I personally never have seen any difference between the pain felt by EB2 and EB3, ROW or I. Everyone feels the same pain waiting for their GC. But the prospect for EB2 atleast looks better. For EB3 it looks gloomy as always.
If there is a lawsuit, then it should be for all, not just for EB3.
If there is a lawsuit, then it should be for all, not just for EB3.
more...
BharatPremi
12-18 07:35 PM
Can 2 sue US immigration system/Government for this condition?
hot girlfriend irthday cupcakes
meghujosh
07-20 08:08 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
more...
house irthday cupcakes cartoon. Cartoon: Games with cupcakes
caeb2rir
08-02 08:23 PM
My 140 was approved at TSC, sent 485 to Nebraska on June 22, they received on June 25. I called to check status yesterday, the lady said to wait. On asking if case will be transferred to TSC and if TSC will generate receipts, she said she doesn't know, but it may take at least 2-3 weeks to process receipts at Nebraska.
I just called national customer service center for my 485 receipts and the lady told that nebraska filers should still wait for 30 more days before they call for receipt updates...she said she was answering the same question since this morning and mentioned that it could still take atleast 30 days for nebraska center to register the applications...
when I asked her if she knew whether my case has been transferred to TSC already (since my 140 got approved from TSC), she said she wouldn't know that answer...her bottom line was to wait...
what a mess!!!!!
if any one has called the customer service today regarding the receipts, I would appreciate if you could please post the responses here.
I just called national customer service center for my 485 receipts and the lady told that nebraska filers should still wait for 30 more days before they call for receipt updates...she said she was answering the same question since this morning and mentioned that it could still take atleast 30 days for nebraska center to register the applications...
when I asked her if she knew whether my case has been transferred to TSC already (since my 140 got approved from TSC), she said she wouldn't know that answer...her bottom line was to wait...
what a mess!!!!!
if any one has called the customer service today regarding the receipts, I would appreciate if you could please post the responses here.
tattoo Birthday: Happy Birthday Cakes
desi3933
07-10 03:37 PM
....
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....
Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled
"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "
more...
pictures tattoo tattoo cupcakes cartoon
mps
08-26 11:35 AM
I know one of my friend, his H1 extension was denied through a consulting company (basically Bodyshopper). Reason given was - "consulting not allowed on H1".
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
Lucky him, client hired him by sponsoring his H1 and this time it was approved.
Looks like USCIS is going after Desi Bodyshoppers (which I believe is long due).
Some desi bodyshop owner gave me red for sharing this.
Well, I just hope your pawn-shop goes down soon, so that you learn to earn your own bread instead of being a parasite !
dresses dresses Holding A Birthday Cupcake birthday cupcakes cartoon.
gc28262
08-24 10:33 PM
Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
<quote>
no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
</quote>
To the poster of this message,
This country is not for incompetent people who fear desi-consultants.
more...
makeup Rainbow Brite Cartoon Birthday
knnmbd
05-04 02:37 PM
Im really not sure if this helps EB3 cases. for example in my case i have a bachelors degree + 10 years expereince and stuck in EB3. I dont think this will help me because I dont have an US degree.
Correct me if im wrong.
That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.
Correct me if im wrong.
That is correct, but it will help thousands of people who come on F1 visas and then transition in to H1B and have their GC being processed. I think that we need to look at what the U.S wants to get out of all this too and not just our perspectives.
girlfriend Aug jul -of-a-kind, personalized photo cartoons from Birthday+cupcakes+
VivekAhuja
03-18 06:36 PM
By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.
hairstyles Playing With Fire cartoon 3
mirage
03-26 08:59 AM
I don't know how you have calclated that. As far as I remember seeing various threads on this forum, there are atleast 5-6K EB3 in 2002 and similar number in 2003 for India. Considering 2.5 number used per family I an guessing we need atleast 20-25K Green card numbers for EB3 to move beyond 2003. With just 3300 EB3 available per year, my guess is it'll take 4-5 years for cuttoff dates to go past 2003. I may be pesimistic, but this country's immigration system has taking all optimism out of our American dream...
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
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
siddhu98
08-14 11:57 AM
EB2-I
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
EAD application mailed : 7/8/2008
EAD Receipt Date: 7/11/2008
Card approved: 08/12/2008
feedfront
08-27 12:40 PM
The filing date on SR is manually entered by the person opening the SR. It has got nothing to do with your real filing date. All that matters on the SR is your A#.
I saw in reply letter, it's written A# not available. Looks like that lady did not send A# in SR. Anyway, I've contacted senator for help :cool:
I saw in reply letter, it's written A# not available. Looks like that lady did not send A# in SR. Anyway, I've contacted senator for help :cool:
No comments:
Post a Comment