I_need_GC
02-28 02:01 PM
Heres the dates just as an fyi.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
Filed AP: July 26,08
RD: Aug 16, 08
Took company emergency AP letter to IO by making infopass appointment. Feb 07. Got a letter Feb 12 dated feb 09 application accepted as emergency and will be expedited. Got first link update Feb 19, then Approval on Feb 20, Then another Link up date Feb 21. Attorney received 2 original copies of AP Feb 28. On the AP it has created date Feb 19.
If your AP is still pending call customer service and do open a SR. My case was handled by the Nebraska Center.
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kannan
07-19 12:09 AM
Paid one time of Payment of $100 through Paypal (confirmation Number: 46W44575JB938171V), more to come.
Thanks to IV Team:)
Thanks to IV Team:)
darslee
07-07 12:18 PM
We are 6th year H1B, but we only have a PD date of 27th July 2006.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.
However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485
Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.
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globaldesi
04-18 10:54 AM
Just got my 140 approved...no confirmation from the employer yet but received email from CRIS saying they mailed the approval on April 15. Looks like the published processing times are being adhered to.
more...
beppenyc
03-08 02:15 PM
Did at least a dem join the debate or they are still at lunch?
Keeme
08-14 05:50 PM
What are you talking about?
For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?
Am I missing something here? But if your prediction is true, I will buy you dinner!!!
"""The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
For EB3, DOS had predicted that in the Oct. 2008 VB, dates would be reinstated to the June 2008 (not June 2007) VB dates. This means that if that is still going to be true, Oct. 2008 VB dates would be Nov 2001. Where do you get June 2003 as the EB3 VB dates?
Am I missing something here? But if your prediction is true, I will buy you dinner!!!
"""The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
more...
carbon
08-15 02:04 PM
America has always been a favorite destination for immigrants. In the past, labor jobs were abundant and there were enough immigrants to do those jobs. This mutual dependency contributed to the growth of the United States making it the fastest growing industrial nation in the world. Things have changed, labor immigrants have been replaced by high-tech and skilled immigrants, but two things have not changed. 1. America depends on immigrants to sustain growth and 2. Immigrants come to America to fulfill their dreams. This 300 year old interdependence is very important yet under appreciated by the lawmakers.
Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:
1. World has entered information and biotech age. India and China has the biggest technological talent pool
waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
and fixed number for decades due to half-century old laws. The laws does not take reality into account.
2. In the days of online stock trading, visa processing is still done at extremely slow pace.
3. The positive impact of immigrants has been taken for granted.
4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.
If such ignorance continues in the United States following will happen:
1. Innovation will slowdown. It has already begun.
2. Technology companies will migrate to India and China.
3. Large scale outsourcing will occur for technological and knowledge based jobs.
4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
5. Tax revenues will decrease, which will affect all government activities including defense and public education.
6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!
All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.
The solution:
Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.
In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.
Skilled workers of foreign nationality are well educated, creative and ambitious individuals. They act as a �steroid� for the nation. They charge the nation with prosperity and growth. Generally countries depend on their younger generation and hope that they will become highly productive and good citizens contributing to the growth of their nation in future, however only few countries are blessed with the strong stream of immigrants with highly desirable qualities to make progress today, not tomorrow. It seems America is highly blessed in that regard. But unfortunately the lawmakers don�t seem to recognize how fortunate their country. Following facts support my observation:
1. World has entered information and biotech age. India and China has the biggest technological talent pool
waiting to settle down in USA, yet the immigration quota for these countries is locked to extremely small
and fixed number for decades due to half-century old laws. The laws does not take reality into account.
2. In the days of online stock trading, visa processing is still done at extremely slow pace.
3. The positive impact of immigrants has been taken for granted.
4. Immigration is considered a charity rather than an important factor in country�s growth. The attitude is not right.
If such ignorance continues in the United States following will happen:
1. Innovation will slowdown. It has already begun.
2. Technology companies will migrate to India and China.
3. Large scale outsourcing will occur for technological and knowledge based jobs.
4. Stock indexes will move south, as there won�t be many attractive places to invest money. High profits normally come from high growth companies and today�s high growth companies come from technology sector.
5. Tax revenues will decrease, which will affect all government activities including defense and public education.
6. The effects of illegal immigration will become severe as American�s will compete for low wage �blue collar� jobs as a result of outsourcing.
7. Severe retrogression in immigration will not allow skilled workers to settle down or adapt to ever changing skills market. It will hinder the growth of each skilled worker due to lack of long-term planning, long-term investments and developments. These people will not be able to plant the trees that can reap the fruits for generations to come.
8. The effect of not having skilled immigrants in the country will not be zero , but it will be negative and counter-productive as most skilled workers will go back to their home country and instead of contributing to the growth of America , they will compete.
9. National moral level continues to decrease as more American citizens are going into jails than good foreign nationals coming in!
All these effects will be slow in the beginning, but will be visible when it will cross the �tipping point�. A place from where there is no return.
The solution:
Remove the limit on immigration quota for technology professionals for 5 years to solve current retrogression crisis. There after update the quotas (increase or decrease) every year to keep delays constant at 1,2 and 3 years for EB1,EB2 and EB3 categories respectively.
In my view, 5 million well educated and talented legal immigrants are always better for the country than 5 million illegal immigrants. Its better to rely on technology to improve American life style than on illegal immigrants to do cheap labor.
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
more...
Jimi_Hendrix
11-10 09:53 AM
We now have 5 members in Southern California who have shown interest in participating State Chapter work. I think that is a great start. Thanks for your postings. Once the core team gives us a set of responsibilities we can start rolling.
Thanks.
Thanks.
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akhilmahajan
07-15 09:14 PM
Total So far 1735.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC.
COME ON FOLKS HELP IV HELP YOURSELF.
COME ON FOLKS HELP IV HELP YOURSELF.
more...
chanduv23
05-18 04:33 PM
Hi Chanduv23,
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
Thanks for the reply.
Can you let all of us know the follwoing:
1. What are the steps involved in to do everything right?
2. Is one of the step "ex employer informing USCIS about the job change has gone through this"?
3. If not then what are the disadvantages or if can't trust employer ?
Please let us know about all the steps involved to switch employer by invoking AC-21?
regards,
waitingmygc
Ok, basic steps
(1) Make sure you have your petitions in the online portfolio.
(2) Make sure you report address changes promptly and they have latest address on file
(3) Try to get a copy of labor or atleast know what skills have been mentioned - remember it has to be similar and does not exactly be the same
(4) Make sure, you work for atleast 180 days with your sponsering employer after filing 485
(5) It is always good to get a 140 approved before you move. Pending 140s though allowed in AC21, maybe kinda risky because if your sponsering employer is having ability to pay issues, or your current employment is not paying proper salary - then you may be subject to ability to pay issues and 140 may never get approved
(6) Always good to inform USCIS of job change via AC21 letter - you must keep a copy and also track fedex and keep proof of delivery
(7) Keep a copy of 140 approval - though it may not be required, but good to keep.
(8) Always expect that your ex employer may revoke your 140 any time - USCIS is now conducting audits and employers may want to kee their records clean, so expect the 140 revoke anytime.
(9) If 485 gets denied, file for a Motion to reopen and immediately open a case problem with Ombudsman's office and keep the motion to reopen receipts
(10) If MTR is getting elayed, contact senators or congressman's office and do a congressional enquiry. Their liason will be more helpful.
(11) Customer service or infopass may never help unless it is address change or fingerprint or name check issues.
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greencard_fever
03-07 02:24 PM
Based on the prior trend i predict the EB2-I will move to where the EB2-C is now i.e Feb-2005.:D
more...
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TeddyKoochu
12-10 05:16 PM
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
Appreciate your optimism; I hope your predictions for the season end are correct. We have nothing but hope, let�s not lose it.
Appreciate your optimism; I hope your predictions for the season end are correct. We have nothing but hope, let�s not lose it.
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asanghi
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
more...
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eastindia
05-21 01:04 PM
I am calling again today. Called 3 offices till now.
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rongha_2000
04-30 03:21 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
more...
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Mouns
04-30 03:15 PM
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
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mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
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mrajatish
04-26 10:00 AM
On a side note, some countries have treaty with US where there SS/Medicare is moved to the SS/Medicare systems in these countries. If India/China had these treaties, we would be well served. Instead of asking the US govt. to fix the problem, we should push our governments to solve this - I believe NASSCOMM has been trying something like this.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
eb3_nepa
07-14 01:33 PM
sent $10.00 instead of $5 to make up for someone that doesn't.:)
Used Bank Bill Pay Conf : 119124506
WAY to go hariswaminathan. THAT is the spirit.
Used Bank Bill Pay Conf : 119124506
WAY to go hariswaminathan. THAT is the spirit.
glus
08-12 09:51 AM
I'm asking this question again. Can someone please respond?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
Uscis will mark it received on the 3rd. Anyway, what's the difference?
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