Libra
01-11 12:45 PM
guys, please send letters to President and IV.
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buaya00
09-11 04:49 PM
Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?
rsharma
09-24 07:57 PM
Thanks Ramba for the analysis. Kudos to you to bring out the true fact regarding the spill over. I see you are belong to Eb3 ROW category but still you stood for the truth.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
Lot of analysis. Here is my part. If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always �current�. EB3 including ROW might have been much worst situation than now. EB3-IN will always be in disaster state. Though it is unfair to (EB3) many, this is what the law. In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That�s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 �ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 EB3 visas.
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karthiknv143
09-28 02:30 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
more...
SunnySurya
08-07 10:59 AM
If people can move freely between the categories then Why do we have categories?...:confused:
An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.
An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.
gcpain
06-25 03:10 PM
will you guys let me know what is USCIS application fee for following items?
I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:
I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:
more...
Lasantha
05-15 12:33 PM
Thanks for the reply..Sanju.
Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?
Do you need to change H1-B ???
Thanks
Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.
Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?
Do you need to change H1-B ???
Thanks
Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.
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ramus
06-29 04:45 PM
wonder what would have made them change the dates? They even haven't seen any application yet?
more...
mundada
07-11 11:18 AM
http://www.boston.com/news/nation/washington/articles/2007/07/10/indian_green_card_seekers_in_flowery_us_protest/?rss_id=Boston.com+%2F+News
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snathan
03-31 11:48 AM
53,872 ( EB2 Total allocation in 2010 ) = Some X (EB2 ROW usage is say X) + 19,961 ( Total India received in 2010) + 6,505( Total China's received in 2010)
==>> X =[B] 53,872 -19,961-6,505 ==> X= 27406
==>> So Total EB2 ROW usage in 2010 is = 27,406
-----------------
1)EB2 I & C Usage = 19,961+ 6,505 = 26466.
2)Visas due to Spill Over for EB2 I & C = 26466 - 5,604 (EB2 (I&C) Regular quota {2*(40,040*7%)} ) = 20,862
3) Visas due to spill over for EB2 India only in 2010 = 26,466 (EB2 I & C Usage ) - 2,802(EB2-I Regular quota {40,040*7%} ) - 6,505 (EB2 China Total Usage) = 17,159.
-------------------
1) In 2011 according the USCIS statement we are getting 12,000 spill over visas in MAY.
Out of that about 10,000 will be allocated to India.
Reason: India PD based on April bulletin = 08 May 2006,
China PD Based on April bulletin = 22 Jul 2006
India has to get cleared 3 months (May Jun and Jul) before the spill over allocated to China.
The average demand for EB2 India is about 1.5k/Month.
which takes 3*1.5 = 4.5 K visas.
The remaining Visas = 7.5 K
The average demand for EB2 China is about 700/ Monnth.
The Total demand for EB2 India & China together from Aug 2006 will be about 2.2k/Month.
So 7.5K will clear about 3.5 months of EB2 I&C from Aug 2006.
So The May bulletin takes the EB2 I & C to November 2006 Or December 2006 as we also get the regular monthly quota of 2*(40,040*7%)
-------
Just my assumption. God only knows how USCIS moves the dates in May.
.
Thanks for the info....I believe it will be either Dec 2006 or Jan 2007
==>> X =[B] 53,872 -19,961-6,505 ==> X= 27406
==>> So Total EB2 ROW usage in 2010 is = 27,406
-----------------
1)EB2 I & C Usage = 19,961+ 6,505 = 26466.
2)Visas due to Spill Over for EB2 I & C = 26466 - 5,604 (EB2 (I&C) Regular quota {2*(40,040*7%)} ) = 20,862
3) Visas due to spill over for EB2 India only in 2010 = 26,466 (EB2 I & C Usage ) - 2,802(EB2-I Regular quota {40,040*7%} ) - 6,505 (EB2 China Total Usage) = 17,159.
-------------------
1) In 2011 according the USCIS statement we are getting 12,000 spill over visas in MAY.
Out of that about 10,000 will be allocated to India.
Reason: India PD based on April bulletin = 08 May 2006,
China PD Based on April bulletin = 22 Jul 2006
India has to get cleared 3 months (May Jun and Jul) before the spill over allocated to China.
The average demand for EB2 India is about 1.5k/Month.
which takes 3*1.5 = 4.5 K visas.
The remaining Visas = 7.5 K
The average demand for EB2 China is about 700/ Monnth.
The Total demand for EB2 India & China together from Aug 2006 will be about 2.2k/Month.
So 7.5K will clear about 3.5 months of EB2 I&C from Aug 2006.
So The May bulletin takes the EB2 I & C to November 2006 Or December 2006 as we also get the regular monthly quota of 2*(40,040*7%)
-------
Just my assumption. God only knows how USCIS moves the dates in May.
.
Thanks for the info....I believe it will be either Dec 2006 or Jan 2007
more...
Saralayar
03-30 01:44 PM
Can you please ask snathan same thing.
Already you did through this post. snathan might have definitely gone through this..
Already you did through this post. snathan might have definitely gone through this..
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starscream
04-24 05:04 PM
Thanks.
But couldn't make out if it would apply to new H1B applications or new and H1B extensions.
If anyone can throw some light on this please do..
Link (http://www.immigration-law.com/Temporary%20II.html) for full text of the bill.
But couldn't make out if it would apply to new H1B applications or new and H1B extensions.
If anyone can throw some light on this please do..
Link (http://www.immigration-law.com/Temporary%20II.html) for full text of the bill.
more...
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Bpositive
10-05 08:38 PM
good job following up....
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vkrishn
08-20 12:28 AM
The pain of waiting for 9-yrs is nothing compared to the wait now (after dates got current)...Refreshing my yahoo mail on iPhone atleast twice per hour, Clicking on Safari where the last visited page is that of case status online (Click the status btn frequently) --- Life is difficult :(
Like an ad says: "Stay thirsty my friend", I hope I dont have to stay thirsty "FOREVER".
God save us from this misery just like u've been saving a few others!!!
I hear you. Goodluck to us!
Like an ad says: "Stay thirsty my friend", I hope I dont have to stay thirsty "FOREVER".
God save us from this misery just like u've been saving a few others!!!
I hear you. Goodluck to us!
more...
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Green_Print
07-11 03:00 AM
I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.
Keeping mum now are we, eh?:rolleyes:
Keeping mum now are we, eh?:rolleyes:
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ishreeram
10-29 10:58 AM
Done.
more...
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apnair2002
01-05 08:38 PM
This site should have some provision so that we can send multiple mails to different people who are suffering from retrogression
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gcfriend65
01-08 08:52 AM
Can we remove the clause- 'Allow filing of Adjustment of Status (Form I-485) when a visa number is not available' from the letter. I think this statement is not as per Immigration and Nationality Act (INA).
Massive IV campaign for Administrative fixes
Dear Members,
Immigration Voice is starting a massive campaign to get administrative relief for our community. We have had several fruitful meeting with the administration in 2007, some of these meetings were scheduled in September, November and then in December. In these meetings, we were able to convince the administration about the implication and hardship due to current broken system. Since Congress has not been able to address our issues in 2006-07, we were successful in creating a case for administrative fixes that would give much needed interim relief to EB community. These meetings helped us start a conversation on possible administrative fixes like 3 year EAD-AP, clearly defining �same or similar� if AC-21 is invoked, and we are hearing favorable feedback.
Due to lack of action on legislative front our community�s patience is running out and we want some relief urgently to get out of probationary status. We are thus starting this nationwide campaign that will help our advocacy efforts and get administration to act quickly. There are several components to this campaign.
1) Support from lawmaker offices: We urge all our members to meet their lawmaker offices and get them to write to The President in support of administrative fixes and urging for an immediate administrative relief. The template of the letter is attached. Letters from lawmaker offices to administration get far more attention as compared to anybody else writing the same letter. The template of the letter is posted below. Please request lawmakers to give you a copy of the letter or lawmakers could copy IV on their letter to The President.
2) Support from employers: We urge all members to approach their employer and have them send a letter to The President expressing support for our administrative fixes and appealing for an immediate relief. The template of the letter is attached below. Please request your employer to give you copy iof the letter so that you could provide IV with the copy of the letter.
3) Plea from our community: We urge all our members to write personalized letters to The President directly and convey their plight. If you would like to write your own personalized letter, please do so with your own story. Make sure to stick to the administrative fixes we have listed in the letter template and how these fixes could help you and your family. Please put your name and address in your letter. Anonymous letters will not be delivered and will be discarded. We request that you create 2 copies of your letter. One copy should be posted to The President and the second copy should be sent to Immigration Voice mailbox address at �
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
The deadline for receiving all the letters is 9th February 2008. Our plan is to collect thousands of letters that we will also receive in IV mailbox and deliver them, along with the letters from employers and lawmakers across the country, during our meeting with the administration. We believe that this will make a necessary impact to strengthen our case and gather the necessary political will required for administrative fixes. We will also try to get media coverage for this campaign and draw national attention.
Please inform all your friends stuck in greencard retrogression and have them participate in this effort. Please post information about this campaign and link to this thread to as many sites, blogs you can so that we can get extraordinary scale of participation. The success of this effort will depend on the collective sincerity of the entire EB community to get letters from lawmakers, employers and members of the community. Immigration voice is counting on each and every member and it is in up to each member to make this campaign a success and help us to improve our and our families� lives.
Letter Template:
Massive IV campaign for Administrative fixes
Dear Members,
Immigration Voice is starting a massive campaign to get administrative relief for our community. We have had several fruitful meeting with the administration in 2007, some of these meetings were scheduled in September, November and then in December. In these meetings, we were able to convince the administration about the implication and hardship due to current broken system. Since Congress has not been able to address our issues in 2006-07, we were successful in creating a case for administrative fixes that would give much needed interim relief to EB community. These meetings helped us start a conversation on possible administrative fixes like 3 year EAD-AP, clearly defining �same or similar� if AC-21 is invoked, and we are hearing favorable feedback.
Due to lack of action on legislative front our community�s patience is running out and we want some relief urgently to get out of probationary status. We are thus starting this nationwide campaign that will help our advocacy efforts and get administration to act quickly. There are several components to this campaign.
1) Support from lawmaker offices: We urge all our members to meet their lawmaker offices and get them to write to The President in support of administrative fixes and urging for an immediate administrative relief. The template of the letter is attached. Letters from lawmaker offices to administration get far more attention as compared to anybody else writing the same letter. The template of the letter is posted below. Please request lawmakers to give you a copy of the letter or lawmakers could copy IV on their letter to The President.
2) Support from employers: We urge all members to approach their employer and have them send a letter to The President expressing support for our administrative fixes and appealing for an immediate relief. The template of the letter is attached below. Please request your employer to give you copy iof the letter so that you could provide IV with the copy of the letter.
3) Plea from our community: We urge all our members to write personalized letters to The President directly and convey their plight. If you would like to write your own personalized letter, please do so with your own story. Make sure to stick to the administrative fixes we have listed in the letter template and how these fixes could help you and your family. Please put your name and address in your letter. Anonymous letters will not be delivered and will be discarded. We request that you create 2 copies of your letter. One copy should be posted to The President and the second copy should be sent to Immigration Voice mailbox address at �
Immigration Voice
P O Box 1372
Arcadia, CA 91077-1372
The deadline for receiving all the letters is 9th February 2008. Our plan is to collect thousands of letters that we will also receive in IV mailbox and deliver them, along with the letters from employers and lawmakers across the country, during our meeting with the administration. We believe that this will make a necessary impact to strengthen our case and gather the necessary political will required for administrative fixes. We will also try to get media coverage for this campaign and draw national attention.
Please inform all your friends stuck in greencard retrogression and have them participate in this effort. Please post information about this campaign and link to this thread to as many sites, blogs you can so that we can get extraordinary scale of participation. The success of this effort will depend on the collective sincerity of the entire EB community to get letters from lawmakers, employers and members of the community. Immigration voice is counting on each and every member and it is in up to each member to make this campaign a success and help us to improve our and our families� lives.
Letter Template:
hairstyles %IMG_DESC_11%
PD_Dec2002
06-29 08:11 PM
If you were current for June and if the USCIS received your application in June, then you are 100% fine. USCIS stamps the "received date" on the package. So when they open it for processing (1,2,3 weeks later), they will see that your PD was current when they received it.
Of course, if your PD is not current when they open it, then of course, your 485 won't be approved. But you will get your EAD and AP.
Thanks,
Jayant
P.S.: Note that there is some disagreement about whether the USCIS looks at the date they received the package or the date your package is post-marked.
Of course, if your PD is not current when they open it, then of course, your 485 won't be approved. But you will get your EAD and AP.
Thanks,
Jayant
P.S.: Note that there is some disagreement about whether the USCIS looks at the date they received the package or the date your package is post-marked.
va_dude
08-26 11:51 AM
I think having vonage is more than just about calling india and the calculated rate of a call per minute.
It gives the customer a home phone too. Remember not every household functions with only cell phones.
So for the convenience of having a home phone and being able to use that same phone for international calls too and getting just one flat rate bill for the whole thing is certainly of value to consumers.
It gives the customer a home phone too. Remember not every household functions with only cell phones.
So for the convenience of having a home phone and being able to use that same phone for international calls too and getting just one flat rate bill for the whole thing is certainly of value to consumers.
gc_on_demand
08-21 10:42 AM
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
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