Desichakit
07-17 12:33 PM
As per USCIS VISA Bulletin of July 2008. If there is spillover from EB2 to EB3 the it will benefit EB3 India as Visas have to be allocated to more retrogessed country first. Even if that is not that case and numbers are evenly spread even then EB3 India stands to be at advantage. I think EB3 India will benefit from this intrepretation eventually.
EB2 India 2008
EB2 India 2008
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jsb
06-04 01:20 PM
I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
geve
11-09 09:17 AM
You are right my friend. In fact you explained every thing. Your concerns are valid. However as you said you are overreacting. In other words you are stretching your strengths.
You said 4 of them are your friends. By giving complaint on company i do not know what is the outcome. Can also effect the approved GC candidates.
There is fine line between DHARMAM AND NYAYAM. Personnally i do not think they did wrong. Neither the company nor the candidates. They just used the available system.
We can argue or put our opinion to the law makers. One of my friend who came along with me on the same flight, same day from india throught same company can apply for citizenship next year.
where as me
EB3 -- May 2003
I-140 approved Mar 2006
We are all on same page. Forget about what happened to others. Think what we can do? I am not trying to teach, just trying to coll you down.
You said 4 of them are your friends. By giving complaint on company i do not know what is the outcome. Can also effect the approved GC candidates.
There is fine line between DHARMAM AND NYAYAM. Personnally i do not think they did wrong. Neither the company nor the candidates. They just used the available system.
We can argue or put our opinion to the law makers. One of my friend who came along with me on the same flight, same day from india throught same company can apply for citizenship next year.
where as me
EB3 -- May 2003
I-140 approved Mar 2006
We are all on same page. Forget about what happened to others. Think what we can do? I am not trying to teach, just trying to coll you down.
2011 True Blood#39;s Eric Northman
gc28262
01-18 10:19 AM
It is true.They were implemented stirctly. But to cheat that many of bodyshoppers are creating fake Paystubs. Getting just payroll expenses and tax from consultant and creating paystubs. How do you prevent that? When good faith effort fails more and more regulations are coming. If our bodyshoppers are honest there would have no regulations like that.
Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.
When did you get your GC ?
Probably you are your relatives did these kinds of stuff. Most of us on this forum didn't.
When did you get your GC ?
more...
rsdang1
08-18 02:48 PM
Excellent reply.
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
Guys,
In my humble opinion this is the best thing that could have happened!!! I feel bad for Mr. Khan suffering like a common man for a while but his suffering brought to light what we have to deal with every time we travel...
I think extreme cases bring home the point so I would encourage Indian government and the governments of all the south asian countries to take this up with the USCIS / Home land security and ask them to educate their staff...
Peace
_TrueFacts
09-04 11:26 AM
If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....
Right on point again by vivid_bharti,
How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.
I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
Right on point again by vivid_bharti,
How does deleting this thread improve immigration?Does deleting this thread bring back YSR? If some people are discussing a topic, let them do so..if you have point contribute a line or 2 to it.
I rephrase: The reason we even discuss these things here other than immigration is because we have immigrated and we have a common bonding.
more...
apb
09-24 02:36 AM
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
2010 season of True Blood,
Lasantha
12-14 04:46 PM
I agree. But the reason for that is not the per country ceiling. It's the fact that the total EB quotas (140,000) is not realistic to the present situation. That needs to be increased and there's your solution.
(Believe me, I do understnad your fustration. I really do)
"equal chance to have go at his GC"
I don't have an issue with equal chance...thats exactly what i am asking for.
(Believe me, I do understnad your fustration. I really do)
"equal chance to have go at his GC"
I don't have an issue with equal chance...thats exactly what i am asking for.
more...
paskal
07-17 12:58 PM
Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
this is not correct. ROW continues to get preference.
what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.
so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.
i would also like to know where the 20K number is coming from if anyone has a source please share it.
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pankaj_singal
05-31 05:52 PM
whatever the case may be, until there is a VISA recapture we are not going to get our GC's anytime soon. Please admit this fact.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
What I would suggest is that we work with Indian Govt. parallely (specially people who are moving back or planning to move back) to get back the Social Security/Medicare contributions we had been making. We need to show that if we start going back we would add $$$ to Indian economy. This would also trigger US govt. to think on this issue (i think..)
US works when there is big money involved... otherwise nothing would move here...
Just my thoughts.
more...
longq
02-13 07:10 PM
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
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coopheal
02-12 04:43 PM
Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.
more...
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H1BinNY
07-04 10:07 AM
OK, so here is a list of all the people at NPR. Their email is first initial+lastname@npr.org.
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
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vdlrao
07-21 02:56 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
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peacocklover
09-29 04:48 PM
US Govt should realize the contribution of these high tech talented legal immigrants (gooses of golden eggs (http://en.wikipedia.org/wiki/The_Goose_that_Laid_the_Golden_Eggs)). I sent to HDTV and also to all of those given contacts ( contacts (http://spreadsheets.google.com/pub?key=pptN-jEpAiyd3snslhPjBfw))
Please keep trying to help the govt by sending to all of those contacts and also media channels.
God should help us and also this country.
Please keep trying to help the govt by sending to all of those contacts and also media channels.
God should help us and also this country.
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h1techSlave
09-25 01:37 PM
A quarterly spill over is advantageous to every body in the playing field.
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.
offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
1. If DOS will do spillover every quarter
2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china
These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country
It is obviously good for retrogressed groups. It is even good for CIS, since they can plan their work properly and use up the visas in an orderly fashion.
So if IV can use some of its massive clout to convince DOS to do a quarterly spill over, that would be win-win for all.
Unfortunately we will have to wait until march and not december to find out if DOS is doing quarterly spillover because EB2 row already has more than 7000 pending 485, every quarter there are about 10000 Eb 2 visas, so technically there are already enough EB2 row 485 applications to use up the first quarter numbers.
offcourse there are only 4000 pending eb1 485 applications and assuming not more than a 1000 new eb1 applications are added to the list there would be 5000 visas that could be spilled over into eb2, the problem is we dont know
1. If DOS will do spillover every quarter
2. if by miracle they do spillover will it only in there respective categories i.e Eb2 row to to eb2 india\china, or accross categories eb1-row to Eb2 row to Eb2 India\china
These questions can only be answered by DOS. Hope DOS looks at what USCIS did and comes out with a Q&A of there own which explains if they are going to do a spillover every quarter or not. If not we will still be speculating to no end. Do we have to file another FOIA request to DOS to find out if they are going to do a spillover every quarter? I hope DOL also published a report every quarter like USCUS which contains the numnber of perm applications pending by month, year and country
more...
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edgarrecto
02-12 03:07 PM
Just missed.... My PD is EB3 Sep 2001... Not sure what is going to happen because of the latest name check procedure change....
my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon
my pd is september 27,2005. i am from thephilippines. i guess eb3 for philippines will be current very very soon
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voldemar
03-27 09:40 AM
By Apr 26, if the LC Sub elimination becomes effective,
How do you now that? Any sources?
will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
How do you now that? Any sources?
will USCIS reject all pending LC Sub cases (I mean pending I-140, 485 etc using LC Sub) ?If text of the proposed memo will be the same, then all pending I-140 based on LC substitution should be denied.
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_TrueFacts
09-04 08:05 PM
I deeply care about what is happening in my motherland. But this is not the right forum to discuss these issues. Immigration voice is a organization that represents skilled immigrants seeking to emigrate to US and I believe the type of conversation in this thread is not representative of legal immigrant's views (including the majority from India). What we post on open forum is available to everyone and can be used against us in future for propaganda purposes.
I will probably not respond to future posts but I request admins to consider closing and deleting this thread.
Better then, world will know about people like YSR and how much we care about good governance.
I will probably not respond to future posts but I request admins to consider closing and deleting this thread.
Better then, world will know about people like YSR and how much we care about good governance.
nozerd
05-11 10:21 PM
A Canadian PR has the right to enter Canada (as opposed to a US PR who does not have the right and can be denied entrance by INS).
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
If you have not met 2 in 5 yr obligation Canadian Immigration will question you but let you in. They will give you a date on which you will have a court date with Immigration judge. Then its up to judge and you. You will have to give good reason why you were out ( waiting for US GC is not a good reason ).
Dont know about the reapplying part. Never heard of anyone having done it.
chanduv23
03-16 01:07 PM
Verify with another lawyer also, basically your experience starts only after you graduate (after getting your degree and not after finishing college ie say you completed ur degree in may 2000 and recieved your degree in Dec 2000, your experience prior to Dec 2000 may not count)
Do verify this with a good lawyer.
Do verify this with a good lawyer.
