
vin13
07-16 05:58 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
How about basing it on when a person entered the country. Will that be fair for you?
How about basing it on when a person entered the country. Will that be fair for you?
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redsox2009
11-17 04:00 PM
Done

SleeplessinSeatle
08-06 05:40 PM
My I-485 was received by NSC, on Jun 25th. Called USCIS today, they said information is not in system. Lawyer is also not repsonding, if checks are cleared. My previously approved I-140 from TSC has a LUD of 08/05/07.
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gc28262
05-10 08:50 PM
.................................................. .............
.................................................. .................................................. .
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
If the original intend was to promote diversity (whether it is in FB or EB immigration), quota should be based on ethnicity of US population ( GC holders and citizens ). Ceiling should be applicable to countries those have a high percentage of representation in US population. Does India or China constitute a majority in US population ? No way. Indians and Chinese are a minority in US population.
The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.
.................................................. .................................................. .
I personally think GC quota has a rationale behind it. It allows for a reasonable share to go to smaller countries so that the US population maintains its diversity. Besides, near the end of the year, if the numbers are unused, they are rolled over to larger countries like India and China, thereby automatically eliminating the quota.
If the original intend was to promote diversity (whether it is in FB or EB immigration), quota should be based on ethnicity of US population ( GC holders and citizens ). Ceiling should be applicable to countries those have a high percentage of representation in US population. Does India or China constitute a majority in US population ? No way. Indians and Chinese are a minority in US population.
The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.
more...

chapper
08-13 05:20 PM
Congrats! Can you please tell us where your I140 was approved from. Are the checks cashed?
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07
I got my I485 receipt notice today. Our applications are delivered on July 2nd.
Receipt Date: 07/02/07
Notice Date: 08/06/07

pbojja
05-07 05:54 PM
Opening SR is like making a wish to god , which may come true
I opened SR when my wife lost her EAD in post , they gave me a 45 day time frame , nothing happened .. Called again and they open other SR , and asked again to wait for other 45 days ... I guess this cycle continues
I asked about my first SR while opening a second SR , reply they had no idea as they requested it with CIS , funny answer I also asked why there is a number if they have no idea ... By the way you will get letter from CIS stating that they received the request and they are processing it and you will hear from us with in 45 days .. If not call us ...ah ah
At last I was able to get EAD with in 5 days with the help of CISOmbudsman .
I opened SR when my wife lost her EAD in post , they gave me a 45 day time frame , nothing happened .. Called again and they open other SR , and asked again to wait for other 45 days ... I guess this cycle continues
I asked about my first SR while opening a second SR , reply they had no idea as they requested it with CIS , funny answer I also asked why there is a number if they have no idea ... By the way you will get letter from CIS stating that they received the request and they are processing it and you will hear from us with in 45 days .. If not call us ...ah ah
At last I was able to get EAD with in 5 days with the help of CISOmbudsman .
more...

felix31
05-03 01:38 PM
thanx for clarifying....
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
Section 205. Retaining Workers Subject to Green Card Backlog.
This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)
However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..
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sk2006
09-03 03:49 PM
Your Welcome Notice serves as your approval notice. There are only two envelopes that one gets and you got both (Welcome Notice and Cards envelopes)
Thanks a lot.
This was helpful.
Thanks a lot.
This was helpful.
more...

PavanV
08-18 02:13 PM
Hi,
This is my first post to the forum, and i am not if this is place to post ?, i have two years left on my H1 B (into 4 yr) and my company is going to file for my labour this year (Hopefully) in EB2 category. I would like to support the community, I am in favor of HR 6039 for STEM and also EB3 category.
This is my first post to the forum, and i am not if this is place to post ?, i have two years left on my H1 B (into 4 yr) and my company is going to file for my labour this year (Hopefully) in EB2 category. I would like to support the community, I am in favor of HR 6039 for STEM and also EB3 category.
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vicks_don
06-09 04:34 PM
probably Texas, that is where my I-140 was approved.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
Not sure when you are planning to return to US. They will send you fingerprint notices with in a month I guess.
Cancelled 4 tickets and lost 1000 bucks. Was to fly on 6th. Never expected dates will move. MY PD Nov 2001 EB3 India.
Hoping to get receipts by 20th. Is that a fair assumption? Planning to re-book for 22nd.
Don't want to lose another dime on cancellations and re-bookings.
Advice and share your thoughts.
Not sure when you are planning to return to US. They will send you fingerprint notices with in a month I guess.
more...

BharatPremi
12-15 11:09 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
A: I suggest you to have a trip in India and visit some places like Dharavi,
Mumbai. If you do not want to go to India, Just take a trip to Brooklyn, NY
You will see lots of souls in a such condition, you will start feeling better.
I would not say this is nice way to feel good but that is the qucikest thing
I can think of. What I mean to say is do not feel hopeless as you are in a
way better condition than millions. And those millions have not lost hope
and faith. Yes, you do not have GC so I also do not have GC. I do not
have assets like what Bill Gates or Anil Ambani has. So now I get a good
reason to depress and feel hopeless. Should I start feeling depressed?
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
Ans: World history is full of events when people have done and made success
against all odds. Have confidence and faith in yourself. Stand up to
challenge the problems and entities who impose the problem on you.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Question: Have you done anything good for India or planning to do any good
for USA? Or it is always about yourself?
Have invested too much of time in this country to just pack up and go.
Q: As per your claim, India has not done good to you with comparison to USA.
Are you planning to go back to India after packing up? Just curious.
Just curious if any of you feel this way? How do you handle such depressing feelings?
See the answers and hope my answers do not depress you.
A: I suggest you to have a trip in India and visit some places like Dharavi,
Mumbai. If you do not want to go to India, Just take a trip to Brooklyn, NY
You will see lots of souls in a such condition, you will start feeling better.
I would not say this is nice way to feel good but that is the qucikest thing
I can think of. What I mean to say is do not feel hopeless as you are in a
way better condition than millions. And those millions have not lost hope
and faith. Yes, you do not have GC so I also do not have GC. I do not
have assets like what Bill Gates or Anil Ambani has. So now I get a good
reason to depress and feel hopeless. Should I start feeling depressed?
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
Ans: World history is full of events when people have done and made success
against all odds. Have confidence and faith in yourself. Stand up to
challenge the problems and entities who impose the problem on you.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Question: Have you done anything good for India or planning to do any good
for USA? Or it is always about yourself?
Have invested too much of time in this country to just pack up and go.
Q: As per your claim, India has not done good to you with comparison to USA.
Are you planning to go back to India after packing up? Just curious.
Just curious if any of you feel this way? How do you handle such depressing feelings?
See the answers and hope my answers do not depress you.
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ho_gaya_kaya_?
12-16 06:42 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Think Positive- that's the first prerequisite for positive things to happen.
I am quote content with what I have at this point
8 months ago- everything looked hopeless.
it seemed I was ages away from being able to change a job or ever get a GC
but here I am - few weeks ago (fingers crossed) from being able to change jobs on AC21.
So I thank God for the small mercies and carry on
Would I like to get a GC? yes. Of course !!!
But I do pause to thank for what I have and try to make the most of it.
I am sure you too have lots to be grateful for.
Chin up- and try not to think about GC so much...that works for me at least...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Think Positive- that's the first prerequisite for positive things to happen.
I am quote content with what I have at this point
8 months ago- everything looked hopeless.
it seemed I was ages away from being able to change a job or ever get a GC
but here I am - few weeks ago (fingers crossed) from being able to change jobs on AC21.
So I thank God for the small mercies and carry on
Would I like to get a GC? yes. Of course !!!
But I do pause to thank for what I have and try to make the most of it.
I am sure you too have lots to be grateful for.
Chin up- and try not to think about GC so much...that works for me at least...
more...
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alterego
03-08 05:15 PM
I agree that now their spillover policy is more horizontal than vertical.
Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.
Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.
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bluez25
07-08 02:12 AM
Sent...Asked couple of my friends who are not members also to send and they accepted to send the flowers...
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Kushal
07-07 12:55 AM
I had sent an e-mail to the Chinese web site that posted this earlier. Didn't receive a response.
Thanks for posting, I will be there to represent IV.
Is the rally still on for tomorrow or is it postponded till next week?
Thanks for posting, I will be there to represent IV.
Is the rally still on for tomorrow or is it postponded till next week?
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prem_goel
08-26 05:19 PM
There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.
Does anyone know?
Does anyone know?
more...
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EndlessWait
10-08 03:01 PM
Firstly, no one can shut down thoughts. They are inside your head. What I am saying is that match your thoughts with your actions, not just expression of thoughts. If you want to express your ideas and thoughts, do it in a way that its heard by people that matter. Your ideas and thoughts heard by other people like you is meaningless. If you can match ACTIONS to propogate your thoughts, by hauling your ass to Washington DC, spending some $$ out of pocket on travel to DC and meeting with a few of the 535 offices, then it matters. Otherwise your idea is not worth 2 cents sitting on forums read by people who are not legislators.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
Secondly, YOU THINK that asking USCIS to follow the rules is easier than changing rules (thru legislation). That's because , you and many others like you, think of Government function as if its an IT project. Occupational hazard. That is not how the Government works. The reason they dont follow the rules is because they (1) dont care and (2) are not accountable. USCIS and its non-FIFO procedures, FBI namecheck delays, backlogs in receipting and adjudication of 140 (Atlanta PERM) etc is something that congress cannot fix. USCIS, FBI report to DHS and DOJ respectively and they in turn, report to the White House. Congress can rarely make them work better and make them answer for mistakes, as congress can only do "Oversight" hearings on them. Haul an agency or department head in front of a committee and ask questions (pre submitted). And ask them questions. Make some show on CSPAN. At the end of the day, if Administration tell congress - "GET LOST, mind your own business, this is the best we can do and we are doing it", then congress cannot do anything. Other than impeaching someone. No one is going to impeach Mike Chertoff because one of his agencies (USCIS) is not doing FIFO on something called 485 (which no one in DC knows what it is).
Congressional input rarely works. Example: Intervention of Congress during July bulletin. You know why? Because Congress HAD TO DO IT because of the uproar. I dont see any uproar and your issues like "there is no FIFO", "My PERM is stuck in Atlant for 6 months", or "I am stuck in namecheck for 4 years".
These things need lobbying the Administration. Lobbying the administration is MUCH MORE DIFFICULT and EXPENSIVE than lobbying congress. Why? Because each office of Congress has a boss that faces elections very often. Every 2 years in House and every 6 years in the Senate. Plus they have 535 offices (435 in House, 100 in senate). That means easier access. On the other hand, there is only one office heading USCIS, office of Emelio Gonzalez, and only one Michael Chertoff and only one DOJ and its FBI. So the access of more difficult and lobbying is more expensive.
When it comes to administration, you have limited leverage. Other than 2 people in the entire administration, no one is getting job by elections. The only 2 positions in this branch of Government that are elected and directly accountable to people are President and Vice President. Mike Chertoff of DHS or Emelio Gonzalez of USCIS wont lose next election coz those are on appointed positions not elected positions. Which also means that they dont have to worry about making people angry.
So you see, ASKING for good things like FIFO and Faster namecheck is great in theory. But please understand, from a civic lession viewpoint, the 3 branches of government viewpoint and then make suggestions.
Is Immigration Voice an organization that can raise 100,000 a month each month? NO. Not right now. Right now, people are busy checking their mailboxes for EAD cards. Out of 23,000 registered members, if each contribute $5 a month (equivalent to a burger, fries and coke), it is 100,000 a month. But it wont happen.
So until that happens, feel free to express your thoughts and opinions and brilliant ideas and happy forum discussion. If that's what makes you all happy and content.
Lets do that and also have $5 recurring contributions , if $20 is lot for people.
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desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
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richguy
11-18 07:05 AM
Done
neelu
05-23 01:25 PM
Finished calling the senators. Got hold of 2 + 7 senators.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
Started sending emails.
Please everyone.........this is the time.
Together we can do it.
ski_dude12
08-26 03:33 PM
Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
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