longq
02-14 12:50 PM
The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..
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nk2006
10-09 02:49 PM
A GC cannot be filed directly from a TN or E3 status.
As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.
Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.
As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.
Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.
lahiribaba
09-30 08:53 PM
The naysayers saying that all assets backed by mortgage by securities are worthless. How can a freaking house become worthless? Yes its market value may have fallen but it is quite possible to increase the market value of houses by increasing demand. And how one can increase demand of houses? Simply by welcoming more skilled and educated foreign workers and making US immigration system more friendly to the immigrants who wants to stay here, buy a house here and raise a family. USA needs fresh blood not protectionist measures that will simply make it a country with huge tracts of land , low population density and constantly outmaneuvered in the international market by other economic superpowers like China.
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immi_seeker
09-15 02:39 PM
Here are my Estimate of pending EB2 India case for give years
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Considering the slow economy that spill over is reasonable.
<=2004 2000
2005 10000
2006 13000
2007(july) 5000
==============
Total 30000
==============
This number is very close to Ron Gocthers number prediction a few months back (minus sept approvals).
Collaboration on visa quota data/analysis - Page 6 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/8419-collaboration-on-visa-quota-data-analysis-6.html)
Pending as of 15 July 2009 145000
EB2 50000
EB3 94000
EB2India (2.4/3.5 EB2) 35714
We can use the LCA number and come close these numbers as well
2005
EB2 India LCA for 2005 = RIR (3000) + PERM (60% of 7290) ~ 7400
Assuming 20% abandon applicant we get = 5900
1.2 dependent per applicant give ~ 13000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 5% cross-charageability we get => pending 10000 pending I-485 application for 2005
2006
India PERM applications = 18000
EB2 India PERM applications (60%) = 10800
Assuming 20% abandon applicant we get = 8640
1.2 dependent per applicant give ~ 19000 I-485 applicantions
Assuming 10% approved in 2008 and 10% rejected/abandon I-485 and 10% cross-charageability we get => pending 13000 pending I-485 application for 2006
So if we see spillover of more than 30K the date will move beyond July 2007.
Considering the slow economy that spill over is reasonable.
more...
spdy_mn
06-27 01:08 PM
Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.
I know it is easy to say and tough to do but what other option do we have ??
I know it is easy to say and tough to do but what other option do we have ??
indio0617
09-29 10:47 AM
I think TN visa is only for Canadian and Mexican citizens and not for Canadian Permanent Residents .....
Can someone confirm that.... ?
Yes, TN is only for canadian citizens.
Can someone confirm that.... ?
Yes, TN is only for canadian citizens.
more...
PlainSpeak
01-13 03:16 PM
Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.
Sorry if i said some thing wrong.
Your friend
MC
Mr Michael chertoff - do you know what happens when you act fresh with a gal.
You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes
You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something
Please do not patronize me by asking me to take a nap.
Other than that you are one person on this forum who lets just say has my respect
Sorry if i said some thing wrong.
Your friend
MC
Mr Michael chertoff - do you know what happens when you act fresh with a gal.
You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes
You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something
Please do not patronize me by asking me to take a nap.
Other than that you are one person on this forum who lets just say has my respect
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ash27
04-02 11:48 PM
Some time back when I asked my chinese colleagues to join IV they commented that immigrationvoice.org is an "indian" immigration forum...
No wonder they felt that way.
Sk2006, you seem to have an issue. What is your problem if other people want to share their thoughts through this collaboration platform. I told u earlier that if u r not interested, don't go through this thread. If u are sincere, then u will not reply kiddishly and will act sensibly.... Grow up dude....
No wonder they felt that way.
Sk2006, you seem to have an issue. What is your problem if other people want to share their thoughts through this collaboration platform. I told u earlier that if u r not interested, don't go through this thread. If u are sincere, then u will not reply kiddishly and will act sensibly.... Grow up dude....
more...
poorslumdog
09-04 12:26 PM
Pappu,
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
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amslonewolf
04-28 07:14 PM
http://www.reginfo.gov/public/do/eoDetails?rrid=114132
It cannot get more official than this. Please note, that this still needs to be published in the federal register.
It cannot get more official than this. Please note, that this still needs to be published in the federal register.
more...
mihird
10-09 01:37 PM
I am a naturalized Canadian Citizen now in the GC retrogression (Country of birth - India).
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
Only good thing about becoming a Canadian or Australian citizen is that you would qualify for the (quota exempt) TN (NAFTA) or (special quota) E3 visas.
You don't have to wait for the H1 quota to open up to be able to start working. You DO however have to wait for the quota to open to get to a H1 before you can file for a GC. A GC cannot be filed directly from a TN or E3 status.
Also, travel in and out of US for Canadian citizens in particular is painless, since they don't need a visa from the consulate. Just the status suffices. The Canadian passport becomes the travel document.
Otherwise the GC woes are the same as it would be depending on your country of birth.
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engineer
07-03 12:04 AM
IV release.:Please send it to other media offices and free press release distribution services
http://immigrationvoice.blogspot.com/
I have sent the blogpost to chowk.com
http://immigrationvoice.blogspot.com/
I have sent the blogpost to chowk.com
more...
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same_old_guy
06-26 01:08 PM
EVERYONE ON THIS FORUM :
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !
IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !
JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.:mad:
PLEASE DO NOT SPREAD RUMORS ! WE ARE ALREADY STRESSED AS IT IS. WE DONT NEED ONE MORE RUMOR LIKE THIS RIGHT NOW.
IF YOU ARE TRYING TO COME UP WITH SOME SORT OF LOGIC TO SUPPORT IT, PLEASE KEEP IT TO YOURSELF, FOR GOD'S SAKE !
IF YOU ARE FEELING INSURED, HELPLESS AND WITH NO CONFIDENCE - JUST REMEMBER, ALMOST EVERYONE IS FEELING THE SAME. JUST DONT HIT THE PANIC BUTTON BASED ON NOTHING, PLEASE !
JUST FOLLOW UP WITH YOUR LAWYER AND MAKE ALL THE DOCUMENTS READY TO FILE AS SOON AS YOU CAN. THAT'S THE BEST YOU CAN DO ! IF SOMETHING HAPPENS LET IT HAPPEN. NO NEED TO LIVE IT THRU TWICE, ONCE NOW AND ONCE IT ACTUALLY HAPPENS.
PEACE.:mad:
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vxg
06-04 11:44 PM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
This benefit already exists under AC21 (after 180 days of filing). Allowing you to ditch sponsoring employer on the first day of filing I-485 defeats the whole idea of employer sponsorship.
more...
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msp1976
02-13 03:07 PM
The 7% is a maximum.
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
What about paragraph 5 that I have posted up somewhere ???
Does that allow the 7% limit to be exceeded or not ?
they can't go over it; if there is more demand then supply.
That is why we need more supply.....Once supply is more they can go over 7%...
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JazzByTheBay
07-03 07:05 PM
Posting here as asked by Pappu:
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
------
Hi Jessie,
I am contacting you today regarding the recent chain of events concerning employment-based immigrants.
I am positive you are aware of the recent debacle skilled professionals waiting for years in the immigration backlog have sufferred thanks to the Dept of State and the USCIS.
Some Facts:
- On June 13, DoS announced the July Visa Bulletin which made visa numbers available for all categories of employment-based immigrant visas, for all countries of chargeability. The July Visa Bulletin made all categories for all countries "CURRENT", giving a ray of hope to skilled professionals waiting in line for years to get a green card.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3258.html)
- Faced with this news, applicants and their families spent significant time and resources to put together the required documentation in a very short time, in many cases procuring important documents from their home countries and getting them couriered at considerable expense; and having family members like spouses and children fly in to the U.S. to be able to apply for a green card. Thousands of dollars were spent on this, and on the required medical checkups, and in many cases lawyers' fees, in order to submit the applications for the final stage of green card - Adjustment of Status (AOS), by filing Form I-485 by end of June so it reaches USCIS by July 2.
- Once a Visa Bulletin for the next month is announced, USCIS accepts all applications to adjust status that are received in that month. They may not have enough visa numbers for all applications received, and as such are not bound to actually issue green cards to all applicants in the month. However, applicants and their family members can receive interim benefits after filing e.g.:
1. Employment Authorization (EAD): This is particularly important for spouses, who are often unable to work because they are on H4 visas, and do not belong to specialized occupations that would entitle them to get an H1B visa.
2. Advanced Parole: Allowing applicants to travel freely.
3. Portability: Allows applicants to change employers 180 days after filing AOS, if the new job is the same as the one they based their positions/original green card applications on. This is very important for most professionals, who are bound to a particular employer for years during the green card processing, marred by its delays and complexity.
- Early on July 2, the first day when USCIS started receiving applications for AOS, the Dept of State announced an updated Visa Bulletin, stating that USCIS has issued extraordinary number of immigrant visas (60,000) for employment-based immigrants (between the July 2007 Visa Bulletin announcement on June 13 and end of June = June 29), thus running out of any available visa numbers for the rest of the year!
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2ftravel.state.gov%2fvis a%2ffrvi%2fbulletin%2fbulletin_3263.html)
- Following that, displaying amazing coordination, USCIS posted an update on its web site stating any AOS applications receivedi n the month of July will be rejected, effective immediately (July 2).
http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.uscis.gov%2ffiles% 2fpressrelease%2fVisaBulletin2Jul07.pdf)
In effect, this closed the available window for filing AOS applications - the entire month of July - even before it opened!
- The fact that a Visa Bulletin gets updated mid-month is unprecedented.
- The fact that the USCIS processed and adjudicated roughly the same number of AOS applications in about 15 days as they have done in the previous 10 months is both alarming and shocking!
- The American Immigrant Law Foundation is considering a class-action lawsuit agains USCIS/DoS.
- Immigration Voice (www.immigrationvoice.org (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.immigrationvoice.o rg%2f)), an organization of skilled professionals/documented immigrants is considering the same.
- Here's a Press Release from ImmigrationVoice.org:
http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.prlog.org%2f100226 48-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.html)
- Also of interest, the following blog post by immigration lawyer Greg Siskind:
Full-Blown Scandal
http://blogs.ilw.com/gregsiskind/2007/07/full-blown-scan.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fblogs.ilw.com%2fgregsi skind%2f2007%2f07%2ffull-blown-scan.html)
- Congresswoman Zoe Lofgren has issued a statement against this move, and written to both USCIS and DoS:
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808 (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2flofgren.house.gov%2fPR Article.aspx%3fNewsID%3d1808)
- Following link is from Forbes, a wire story by AP that got picked up by many media outlets in the last 24 hours:
Legal Workers Lose Chance at Green Cards
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html (http://immigrationvoice.org/forum/redir.aspx?URL=http%3a%2f%2fwww.forbes.com%2ffeeds %2fap%2f2007%2f07%2f02%2fap3879453.html)
Hoping you will be able to highlight the plight of tens of thousands of such folks who got their single glimmer of hope taken away from them in a flash, before it even became available. (Ironically, all this happened whilst in the background lawmakers were considering legalizing 12-20 million undocumented immigrants.)
Thanks,
more...
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jonty_11
05-09 02:49 PM
Dont worry, just foolow intructions on cic.ga.ca and you will be fine.
If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.
Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.
If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.
Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.
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hydboy77
06-01 12:28 PM
You are 100% correct, all this pre-adjudication is a nonsense, knowing how uscis does things does anybody believe USCIS will not issue EVL in future, offcourse they will, how else can they justify there existence to continue recieving there salaries and pensions. This is such a joke, the whole idea of pre adjudicating would be that all the processing is done and when the date becomes current they can just pick the file and assign the visa number and issue the green card. But they will not do that, they will tinker with the application and issue an Employment verification letter, they will redo background check, they will ask for finger prints again........unending nightmare, I am not being synical just telling from past USCIS actions.
If we cannot get visa recapture, if we cannot get removal of country quota atleast 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 proof 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 (eb2 priority date after Mid 2003), 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.
So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
If we cannot get visa recapture, if we cannot get removal of country quota atleast 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 proof 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 (eb2 priority date after Mid 2003), 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.
So guys and gals what do you think about it, maybe we are looking at it the wrong way, instead of visa recapture (I am not saying we should abandon visa recapture) we should also try for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement. Atleast this way even if it takes 10 years to get green card people will not have nightmares of being kicked out any time and with the stability they will invest in buying a house and spending which will stumulate the economy. Its a win win for everyone, for us EB immigrants, for the economy and also easy to fix as an administative fix. We have simpathetic people in Zoe Lofgren (Chair - Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law ) she was instrumental in forcing USCIS to reverse there decision during the july 2007 fiasco and accept the 485 application. We also have Charles Schummer. It is not that big a deal to ask for exemption of cases which have been preadjucated (485) from Employment verification letter RFE and sam and semilar job requirement, there are people with from other counries who have got a green card in a coule of months to 1 or 2 years whereas people from India are waiting with priority dates from 2000 and 2001. Once you get a green card you are exmpted from any rfe or same and semilar job requirement, it takes more than twice the time to get a green card for a person from India that to get a citizenship for a person from ROW. because of the long delays with us being in this process for multiple years and having to wait another 10 years for green card we should request for rfe exmeption for pre adjudicated 485 applications. I am sure we will get a sympathetic ear from Zoe Lofgren and like minded lawmakers. These Employment verification letter RFE and same and semilar job requirement were not framed assuming it takes a person from India 10+ years to get a green card. There were framed assuming it takles 2 to 3 years to get a green card.
Lets be creative and try to work around the problem if we cannot resolve the problem directly, if we dont ask how will the lawmakers know this problem can be resolved by removing EVL RFE and same and semilar job requirement.
It is very likely that these pre-adjudicated cases may be revisited for further processing in future for cases with more recent priority dates. This is just my opinion based on the fact of the predicted slow movement of EB-I priority dates in coming months and next fiscal year. Since so many AOS applicant have been pre-adjudicated , EVL RFE may be issued in future for cases who are pre-adjudicated now but their PD will only become current after 2, 3 or 4 years. This may be to verify that the applicant still has job offer at that time when visa becomes available. So I guess pre-adjudicating application, does it really make sense for later PDs? Any comments on this by other members?
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immique
07-18 11:45 PM
Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
Rb_newsletter
01-13 03:35 PM
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
AILA should. I heard a lots of para legal staffs are already lost their jobs. Because there were less H1, and GC filings. Actually there is a huge economy based on immigration. If USCIS just changes the rules as they want that would affect lots of US citizens not just few immigrants.
Lets see which businesses/people are making money out of immigration related activities.
1) Attorney
2) Paralegal staff
3) Shipping guys (usps, fedex, etc)
4) Airlines (because immigrant workers has to visit their home country periodically)
5) Consulate
6) USCIS
7) Contractors in USCIS
8) Port of Entry/customs staffs
9) Notaries
10) Doctors/hospitals for getting medical clearance for 485, etc
11) Passport photo shops
12) Airport staffs
13) ....
pune_guy
07-08 01:59 PM
Hi,
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
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