zoooom
07-19 07:39 PM
Done
Also..How can we let other members know that a thread like this exists...
Also..How can we let other members know that a thread like this exists...
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baleraosreedhar
07-20 08:48 PM
as gc28262 has indicated, that proper analysis and the correct interpretation of the law is needed to change such matters. Unless, EB3 people come out of the lethargic content/self pity and start working on the issues as if their life depended on it (it does) - just writing to the senators and representatives will not help. The legislative offices is not going to do the analysis (in the time that matters to us) and address it to the USCIS. However, if we do the ground work and then approach them, we may have a better chance of succeeding.
Whenever EB3 asks for writing to senators and congressmen, EB2 folks will discourage, but when Eb2 wants to write to the same group everyone encourages.
Why is this pathetic response to a Eb3 guy.
Please remember prior to BackLog days there was not much difference in time span for getting a GC and Employers wanted to cut back on paper process and used to file in EB3 only.
SO please never say High caliber as EB2. there are highly experinced and excpetionaal guys in EB3, but due to Employers negligence and bad luck they are in EB3.
Whenever EB3 asks for writing to senators and congressmen, EB2 folks will discourage, but when Eb2 wants to write to the same group everyone encourages.
Why is this pathetic response to a Eb3 guy.
Please remember prior to BackLog days there was not much difference in time span for getting a GC and Employers wanted to cut back on paper process and used to file in EB3 only.
SO please never say High caliber as EB2. there are highly experinced and excpetionaal guys in EB3, but due to Employers negligence and bad luck they are in EB3.
cram
06-12 11:00 AM
Originally Posted by cram
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
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Ramba
07-10 03:36 PM
Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
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shreekarthik
10-08 06:40 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
GCWhru
11-30 05:21 PM
I am really sorry to hear your situation...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
I am not sure whether you have US born kid or not.. but I have read somewhere that if mother has US born kid, she can stay here in US on Kids account. You might want to check this...
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mirage
03-15 11:23 PM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
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eb3_nepa
12-11 10:42 AM
Provided you bypass those apps that consulting companies line up at the start of the year. This is what Microsoft/Intel etc are trying to counter. They are not getting enough of the H1Bs themselves.
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
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needhelp!
02-11 12:17 PM
Are you folks waiting for the next amendment banning all H1B renewals?
If we don't stand up against this NOW, its going to be too late.
If we don't stand up against this NOW, its going to be too late.
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TheOmbudsman
10-25 04:32 PM
I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
Guys,
I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below
Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?
Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?
Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.
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jessie1981
06-12 12:08 PM
Usually it is a maximum of 2 weeks. NSC approved some in 2 days.
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
FP notice in a month or so..
EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.
It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?
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gcspace
09-12 07:56 AM
My wife's application filed on July 16th NSC, signed by R. Pitcher, no receipts/no Checks cashed yet.
My I140 is from TSC. So may be it got transfered there.
My I140 is from TSC. So may be it got transfered there.
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abq_gc
08-18 02:13 PM
Well then you should have done it long time back . You are now going for your citizenship and everyone on this forum knows that.
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
i dont think we are going to solve anything by fighting among ourselves here... we have to take the fight up with USCIS and not among ourselves... the plight of EB-3 at this point is far far worse than EB-2... atleast we are current.. they are not even that.... we have to somehow include all fractions into what we do at this point....
EB-3 deserves a GC as much as an EB-2... and so let's not create boundaries here... United we stand... divided we fall...
what are our options.. to make the 500 pound gorilla kneel down ??
i remember a famous saying.. pen is mightier than the sword... so what are our options guys ???
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pyaradesi
07-20 10:34 PM
I have my reasons to stay here which you will never understand.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
Is this fair? You only rebuked questions with Katrina, and your boss, why not rebuke all my questions?
And, I do not have to understand your reasons, as long as we all understand our reasons, that should stop us from coming to IV and whining.
more...
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willwin
03-25 05:41 PM
Basis for this "trust", please?
If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.
My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.
This is what Ron Gotcher also has specified.
If USCIS continues to under perform, as they have been doing always till now (reason why EB3 ROW has moved substantially), then EB3 India will temporarily move forward this July.
My gut feeling is that it may move to end of 2005, this is to enable DOS utilize as many VISA numbers as possible during the last quarter of the FY before the unused numbers goes down the drain.
This is what Ron Gotcher also has specified.
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chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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Edison99
02-01 02:10 PM
asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
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hiUS
09-03 12:20 PM
I am in the same situation
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?
08/12/08 - Approval sent email
08/18/08 - Received the Approval notice by post
No welcome notice or card
No updates.....
It seems we are all in the same boat? Did any body try to talk to customer service or take Info pass or any idea who received the card after facing the similar kind of situation?
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good idea
09-23 04:34 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...
anu_t
06-22 01:34 PM
My employer is also behaving exactly similar way... Spend the money from your own Pocket ( 350 med + 385 ) around $750 and ask them to just
give the Future Employment Verification Letter for 485.
I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..
After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!
If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)
Sounds like a Plan ? - Let me know !
But don't you need copy of 140 also?
Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.
give the Future Employment Verification Letter for 485.
I'm finishing up all forms and other activities Like Medical , Birth Certificate etc..
After that pounce on your employer for Letter + the fees for 485 + fees for your own attorney fees ... If they disagrees come to a deal with just for the Letter... You are all set then !!
If they still dont agree i'll tell them that you are resigning and immigrating to Canada (Tell them that your Canadian PR is almost approved and you have a distant relative there)
Sounds like a Plan ? - Let me know !
But don't you need copy of 140 also?
Canda is not the only option.You can tell them that u r resigning.In that case u might not win but atleast he will loose everything.So might be he will ready.
Googler
07-07 09:08 PM
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
H1bmajdoor -- the blunder I am talking about here is making the dates all current (the original July bulletin) -- who the hell asked them to do that?? Why not move them another year forward? Had they done that I doubt USCIS would have panicked and gone crazy approving people without security checks, approving people whose dates were not current in June or even on July 2.
That had nothing to do with the law, or the ceiling set by law -- it was an arbitrary roll of the dice by DOS, a decision made WITHOUT consulting USCIS.
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