yogi13229
07-08 03:10 PM
I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
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tikka
07-03 06:42 PM
both stories are top on Upcoming Stories-> drop down (Most Popular)
for helping us with this... :)
for helping us with this... :)
Macaca
06-26 09:43 PM
unless there are enough approvals happening simultaneously, dates would not retrogress in the middle of the month.
There were lot of approved cases with USCIS. They have started getting their GCs.
The # of current applicants who will get GCs will depened on # of approved cases USCIS had.
There were lot of approved cases with USCIS. They have started getting their GCs.
The # of current applicants who will get GCs will depened on # of approved cases USCIS had.
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vagish
05-09 09:46 PM
Did you get a job in US before you came to US. Most probably not.
There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.
There are no or few body shoppers in canada because there are only a few shops :-D
For the majority this is true in US. This is what land of opportunity means.
It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.
Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.
I wont post on this thread again :)
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.
So again if you do ur homework, you can settle down with ease in canada.
thanks
There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.
There are no or few body shoppers in canada because there are only a few shops :-D
For the majority this is true in US. This is what land of opportunity means.
It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.
Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.
I wont post on this thread again :)
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
I disagree, I have friends who are DBA's ( oracle and DB2 ) , I know he has been working for $85/hr in canada from the past five years, there are lots of insurance , financial bank in canada, and also for SAP consultants there are excellent oppurtunities in alberta ( HUB OF OIL COMPANIES ) , I know lots of people are driveing TAXI but some body with experience should not find it immposible. Another friend of mine from INDIA landed directly in toronto, with only 2 years experience in .NET , with in four months he got a job.
So again if you do ur homework, you can settle down with ease in canada.
thanks
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maximus777
08-20 09:44 PM
^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D
unitednations
02-13 12:08 PM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
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nomi
10-18 03:30 PM
Do I need to keep job or Stay in USA once I-140 approved ?? Reason I am asking that my I-140 is approved but my PD is not current and also got my Canadian PR too. If I move in Canada and see what possibilites available there for me and come back in USA when PD is current or file consular process from Canada whenever PD is current. .. what do you guys think about it ?? Any thoughts or feedback ??
Thanks in advance
Thanks in advance
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boreal
05-29 01:45 PM
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
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swo
07-13 02:51 AM
I spent over 20 years in Canada. Fact is, I never EVER waited a month to see a doctor. Not once. Nor has my sister who is still there.
I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.
I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.
You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.
It's that simple.
One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.
And by the way, Canada has one of the top literacy rates in the world.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
I spent 7 years in Australia. Never had a problem getting a doctor there either. In fact, I will say that it truly is AWESOME there. Great people, great opporunities, good money, incredible lifestyle.
I have spent 7 years in the US. It's a wonderful place with heaps of opportunity. The cost of living is higher than any other place but I accept it because because I like so much about living here. I like the people, I like the weather. I like the countryside and the culture.
You see, for me, there are many great things to be found in all 3 of these places. It's not a contest. There are good and bad aspects to life in any place you chose. In that one area, I agree with you. There are pros and cons that need to be considered. What you choose is a personal decision based on your needs, objectives and desires.
It's that simple.
One last thing. Normally, I'd let this go. After all not everyone's first language is English. But when you start making ludicrous remarks about "illiterate Canadians", and demonstrate in that very same post that you are unable to construct a single decent sentence, well frankly, you're undermining your argument a little.
And by the way, Canada has one of the top literacy rates in the world.
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
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mbartosik
12-13 05:43 PM
When an argument is held in the Supreme Court you often hear the justices asking "What if" type questions, some of them verge on being narrow circumstances, but to declare something unconstitutional can have a wide impact and is a fundamental, so it should account for odd circumstances too.
So here goes a potential set of arguments:
Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?
Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?
I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).
Extending my pragmatic view:
Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.
So even if we won, we would likely loss.
Just being pragmatic.
(I'm not a lawyer - and my H1B enforces this)
So here goes a potential set of arguments:
Q> What if the Congress was unable to discriminate in other categories of immigration based on nation of birth? Would that mean that in time of war, immigrants would have to be admitted from a country with whom we were at war?
Q> Would Congress no longer be permitted to try to balance the ethnic makeup of the country?
I agree it is unfair on individuals, on groups, and it does smell, but I doubt that it is unconstitutional. I take the pragmatic view in my prior post on this thread (many posts back).
Extending my pragmatic view:
Even if it were found to be unconstitutional, then Congress can always amend the constitution, and if a Supreme Court ruling affected more than just EB category, then I would not be surprised to see an amendment. Then the only advantage would be to draw attention to the issue. But you know that the anti's would just make the argument --- "Look the evil immigrants are trying to write our immigration policy", and that would be an easy argument to make so then we would see something more restrictive in the end.
So even if we won, we would likely loss.
Just being pragmatic.
(I'm not a lawyer - and my H1B enforces this)
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JA1HIND
02-13 05:01 PM
No one would learn to walk if their parents were afraid they would fall.
The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.
now are going to have a poll on this one too?? LOL!! :D
The young grad has more fire in him than a seasoned vetran. I think we need more fire in this case than just experience.
now are going to have a poll on this one too?? LOL!! :D
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pitha
02-18 08:47 PM
Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Don't shoot the messenger.
A couple of studies came to mind recently that don't involve immigration.
In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.
In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.
---------------------------------------------------------------------
Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.
Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.
People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.
therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.
To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).
You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.
If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.
Don't shoot the messenger.
A couple of studies came to mind recently that don't involve immigration.
In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.
In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.
---------------------------------------------------------------------
Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.
Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.
People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.
therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.
To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).
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amsgc
12-21 04:07 PM
albertpinto,
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).
2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).
2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).
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grupak
02-13 03:05 PM
Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
take care
Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.
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sachug22
09-14 02:52 PM
I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
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sertasheep
07-03 04:42 PM
We have the following stories compiled so far;
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Disclaimer:This is a PDF. Please use your discretion and caution in scanning it for viruses.
Please note that we need all the extra help, and require your diligent set of eyes and ears.
In addition to that, you can also publish your story here as a post along with your Name and bio details like in the above document.
New Jersey Member Stories (http://www.mydatabus.com/public/immigrationvoice/NJ_Stories_V5.pdf)
Disclaimer:This is a PDF. Please use your discretion and caution in scanning it for viruses.
Please note that we need all the extra help, and require your diligent set of eyes and ears.
In addition to that, you can also publish your story here as a post along with your Name and bio details like in the above document.
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deelip
07-04 11:34 AM
I am writing this letter to Mr Obama who is front runner for President's office in next year election. I tried to be simple and direct. Pls let me know if you have any suggestions. I will also talk to his office tomorrow. Pls let me know if you find anything irrelevant.
-----------------------------------------------------
Dear Senator,
I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.
The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.
Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.
When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.
This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.
In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.
Dear Senator,
I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.
Thanking you,
Yours sincerely,
----------------------------------------------------------------
thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.
-----------------------------------------------------
Dear Senator,
I am legal resident alien working in USA on H1B Visa. I am waiting in queue for my Green Card.
The way process works is my employer applies for Labor certification. Once it is approved by Department of Labor I file for I-140 and I-485 which is last step to adjustment of status and gives me Green Card. I rely on Department of State (DOS) for visa dates to file I-485. When I move to this stage, I bear expenses close to $3000 for completing application process itself.
Recently on 13 June 2007, DOS issued Visa Bulletin (VB) stating that all visa dates are current for (almost) all employment based immigrant categories. Since this is the only information me and my employer rely to start application for I-485, we started the process. We collected all documents, took medical examinations, paid attorney fees and got the document ready to be sent over, as was expected by DOS and USCIS as part of the process. I am not going into details of the hard works, sleepless nights, leaves from work and expenses as part of this effort.
When my employer was about to send this package to USCIS, DOS came out with revised Visa Bulletin. In this they revised the earlier Visa date availability. USCIS followed the suit and decided to reject all applications, which they by their 13 June 2007 proclamations were ready to accept. This might be trivial thing for DOS and USCIS but not for me and thousands like me. This action of USCIS has no precedence. That is against its (USCIS) regular processes and guidelines and smacks of disrespect for its own procedures, guidelines and we immigrants, who rely on it.
This is not just emotional trauma for me and my fellow immigrants but a major financial loss worth $3000/per person applying.
In the end, my question to US Congressmen, USCIS and DOS is who is looking at impact to us? Were we wrong when we followed DOS Visa Bulletin on 13 June 2007? If not, why we should bear the financial and other losses? We are legal, law abiding residents. Does being good residents make our trials and tribulations meaningless and irrelevant for laws and departments of USA? To me it sounds unfair and unjust. Please let me know your thoughts and what you can do to alleviate my trust on American Immigration System and Departments devoted for that.
Dear Senator,
I look upon you as Future President of United States of America and will be very glad to receive your reply on this issue.
Thanking you,
Yours sincerely,
----------------------------------------------------------------
thank you guys and keep up your efforts without losing your cool and of course without losing your hopes.
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McLuvin
08-17 05:01 PM
There was not much of a noise when Dr. Kalam was frisked in Delhi airport by Continental Guys... why so much noise abt SRK...
Com'on guys... They did what they had to do... Too much is being read between the lines...
BR,
Karthik
Com'on guys... They did what they had to do... Too much is being read between the lines...
BR,
Karthik
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conchshell
07-29 02:50 PM
Well, I think the scenario is different. It is somewhere inbetween those two thought processes:
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
I think that its a reasonable analysis.
1. They are counting on CP case; but not much. If you look in the past stats about EB cases processed via CP, it is usually a very small number (and this would just make sense: if you are doing EB green card, you will be working in US and will do AOS). CP cases can not be more than several hundreds.
2. The major hopes DOS has is on USCIS to process large number of cases. And they ARE capable of doing so; but only RANDOMLY (not in the order of PD or FIFO or anything like that). It is very unlikely that DOS will let USCIS waste any visa numbers. Because it is DOS's responsibility, not USCIS's. And that was main reasoning behind July Fiasco; where DOS wanted to prove that it is not DOS but USCIS who is responsible for the wastage (remember, there were some 60000 visa numbers unused at that time). This time, they are playing the game of "cooperation". DOS will advance dates only till USCIS can handle (not everything Current); and in exchange USCIS will use up all the numbers.
If USCIS can not show that they have used up at least 75% (or something in that range) of the remaining visa numbers (which are probably in the range predicted in this thread giver or take few thousands) by mid august, DOS will further advance dates in sept. If USCIS shows that they used up most of the numbers, dates may go back. It would not matter what the dates are in sept as the end result is the same: all the remaining visa numbers will be used (probably randomly) to people with PDs upto mid 2006.
I do not buy the "CP using numbers" theory from Ron or Murthy. It is all about allowing USCIS to use the numbers randomly and let them pick the "low hanging fruits" (as they usually like).
For the next fiscal year, they will move dates back to mid 2004 (just a wild guess), but I dont think it matters any way...(till the end of the fiscal year). USCIS will probably go in hibernation again till the last quarter of next year and the date will advance again dramatically (may be upto 2008) to let them use all the left over/spilled numbers.
I think that its a reasonable analysis.
rsdang1
08-21 11:39 AM
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
sampath
04-29 12:22 AM
Can you anyone tell what the lines highlighted below in blue means ?
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
************************************************** ******
RIN: 1205-AB42 Agenda Cycle: 200610
Title: Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity
Abstract: The Department of Labor proposed changes to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. Among other key changes, the Department is eliminating the current practice of allowing the substitution of alien beneficiaries on applications and approved labor certifications. DOL proposed to further reduce the likelihood of the submission of fraudulent applications for the permanent employment of aliens in the United States by proposing a 45-day deadline for employers to file approved permanent labor certifications in support of a petition with the Department of Homeland Security. The Final Rule expressly prohibits the sale, barter, or purchase of permanent labor certifications or applications, as well as related payments. The proposed rule also addresses enforcement mechanisms to protect program integrity, including debarment with appeal rights. These amendments would apply to employers using both the Application for Alien Employment Certification (Form ETA 750) or the Application for Permanent Employment Certification (Form ETA 9089).
************************************************** *******
i got the above info from the OMB website below -
http://www.reginfo.gov/public/do/eoViewRule?ruleID=269657
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