Libra
01-11 08:17 PM
guys, take some time on weekend and send your letters. please support IV action item.
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waitnwatch
08-21 12:33 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
ondreaming
01-11 01:54 PM
This article on today�s Washington Times about the Boehner vs Blunt race to succeed the former House majority leader, gives some hints on both the people and the organizations pushing the inimmigration issues in the Congress: Immigration vote stirs concern about Boehner
http://washingtontimes.com/national/20060111-121934-8017r.htm
http://washingtontimes.com/national/20060111-121934-8017r.htm
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gc_on_demand
04-01 03:59 PM
When you say "according the our calculations", and you can only come up with years (& not 1 year, 2 year), you have obviously not done a very accurate calculation/guestimation.
I wouldn't put too much stock into it.
There are two years (2006 and 2007 ) from 2006 to 2007 and you know language of all lawyers, so he is not wrong here too. I bet you if you can convince him to say 1-2 or 3 years.
I wouldn't put too much stock into it.
There are two years (2006 and 2007 ) from 2006 to 2007 and you know language of all lawyers, so he is not wrong here too. I bet you if you can convince him to say 1-2 or 3 years.
more...
Abhinaym
08-07 11:35 AM
Good news for your guys. I am EB3 but recently my labor got approved in EB2 and very soon I am going to port PD from old labor. :DHa..:Dha..:Dha..You can�t stop me and very soon I am going to stand in front of you in EB line.
How come you couldn't file in eb2 in the first place? Not a personal statement, but I'm still trying to understand this matter.
How come you couldn't file in eb2 in the first place? Not a personal statement, but I'm still trying to understand this matter.
appas123
08-13 07:44 AM
I have one more question, What should I fill in 1-9 lines? Should I fill with Primary applicant information?
Fill it with both primary and derivative details. Write in small font with a pen. This will avoid different forms for each applicant.
Fill it with both primary and derivative details. Write in small font with a pen. This will avoid different forms for each applicant.
more...
mpadapa
01-14 12:20 PM
It was satisfying experience to write a personal letter to the president.
Hope everyone can do the same. This is an opportunity for us to show our support. Everyone stand to benefit from these admin fixes.
Lets get everyone of our buddies (stuck in GC process) to write a letter to the President.
Hope everyone can do the same. This is an opportunity for us to show our support. Everyone stand to benefit from these admin fixes.
Lets get everyone of our buddies (stuck in GC process) to write a letter to the President.
2010 2010 elijah wood daniel
sc3
08-22 12:49 PM
Some one gave me this comment saying
"You continue to undermine IV with your nonsensical posts. I understand you are frustrated, but your comments are counterproductie at best. You also don't seem to understand the law properly. Do some homework."
Show me where have I undermined IV efforts? And show me nonsensical or counterproductive posts that I have made -- that is, nonsensical or counterproductive to the cause of upholding the law (not pandering to a particular employment category/chargeability area).
I have done my homework, and I have understood the law properly. I have time and again given logical proof, along with the text of the law, as to why EB3 is eligible get the EB1 numbers at the same time as EB2. On the other hand none of the detractors have provided proof, or material that shows EB3 does not qualify.
And for all those holier-than-thou EB2, what is about the letter campaign to get NSC/TSC to process application according to PDs (no lawful basis for that), and asking the removal of NSC bosses and what not. You seem to have different standards when you are suffering, and when others are suffering. There is a word in the dictionary for that, look it up.
"You continue to undermine IV with your nonsensical posts. I understand you are frustrated, but your comments are counterproductie at best. You also don't seem to understand the law properly. Do some homework."
Show me where have I undermined IV efforts? And show me nonsensical or counterproductive posts that I have made -- that is, nonsensical or counterproductive to the cause of upholding the law (not pandering to a particular employment category/chargeability area).
I have done my homework, and I have understood the law properly. I have time and again given logical proof, along with the text of the law, as to why EB3 is eligible get the EB1 numbers at the same time as EB2. On the other hand none of the detractors have provided proof, or material that shows EB3 does not qualify.
And for all those holier-than-thou EB2, what is about the letter campaign to get NSC/TSC to process application according to PDs (no lawful basis for that), and asking the removal of NSC bosses and what not. You seem to have different standards when you are suffering, and when others are suffering. There is a word in the dictionary for that, look it up.
more...
voicerj
03-30 04:21 PM
I wish it should be current or atleast near to current.
Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.
A
But the visa bulletin has it's own brains. - I like this dude !
Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.
A
But the visa bulletin has it's own brains. - I like this dude !
hair Elijah J Wood
nk2006
11-01 05:59 PM
I have done my part.
Thank you for doing that. Please ask your friends to do the same.
Thank you for doing that. Please ask your friends to do the same.
more...
feedfront
09-24 12:34 PM
Has your I-485 been approved or you have got an RFE?
Well I got RFE then within a week got Card Production ordered email then within 12 hrs got mail undelivered email..
I have not replied to RFE yet.
Contacted USCIS but *** they are telling talk to Post office :eek:
Well I got RFE then within a week got Card Production ordered email then within 12 hrs got mail undelivered email..
I have not replied to RFE yet.
Contacted USCIS but *** they are telling talk to Post office :eek:
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jungalee43
09-09 06:17 PM
I am not getting anyone to answer the phone in chairman Conyers' office. I am not going to voice mail also. All that I am hearing from the other end is ring, ring and ring... endless.
more...
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shahuja
02-04 05:02 PM
Please keep on updating this thread. If you have got your passport or are still waiting. The information will help others.
Thank You.
Today 23rd day..and still waiting for PP..
H1B renewal at New Delhi embassy..
singhv, are you also waiting for your pp ?? what is your case and status ?
Thank You.
Today 23rd day..and still waiting for PP..
H1B renewal at New Delhi embassy..
singhv, are you also waiting for your pp ?? what is your case and status ?
tattoo Elijah Wood and Daniel
vdlrao
08-22 12:34 AM
Just because some one said, VDLRAO predicts right, he has become a Psycic Guru here. Please stop this. Every one keeps saying , he predicts everything right. Did he predict, EB2 with PD2006 will be processed before EB2 with PD 2003. Come on Guys, Give me a break and stop this rubbish. What did he predict and on what basis. I dont have anything personal here, I appreciate him, taking efforts to come up with some number based on the calculation. But Please stop spreading this on every forum that He predicts right.
You are right. My predictions are not rght all the time.
You are right. My predictions are not rght all the time.
more...
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newtoearth
06-16 03:25 PM
But you have put your post in the forum and in this thread. You didn't send him PM.
It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.
Have a good day!
I addressed it to OP, are you same?
It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.
Have a good day!
I addressed it to OP, are you same?
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kondur_007
10-01 11:19 AM
According to Ron Gotcher:
"There shouldn't be any debate, as the statute is explicit:"
EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)
Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).
So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.
He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")
"There shouldn't be any debate, as the statute is explicit:"
EB2 INDIA future for fiscal year 2010 - Page 2 - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/general-immigration-questions/9181-eb2-india-future-for-fiscal-year-2010-a-2.html)
Let's see if DOS follows the law as the USCIS pending numbers clearly demonstrate that spill over to oversubscribed countries will be required(by law) in the first quarter, moreso with the new "Pending I485 numbers" report that will be released by USCIS hopefully in a month or two (since Aug25, 2009 report didn't reflect the EB2I approvals in Sepetember 2009).
So December 2009 Visa Bulletin Dates should include spillover visas. Hoping for the best.
He is right, but the problem is, USCIS and DOS has always done spill over only at the end of fiscal year and not quarterly.
Now who will go and tell them to read their own statute again and reinterprete?? (like the spill over that was done vertical for several years until they realize, "it needs to be horizontal by our statute!!")
more...
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PDOCT05
10-08 10:34 AM
I am july 3rd filer, still waiting for receipt. In your e-mail you said there was LUD on your I-140 date 07/28. What it means...did you file I-140 and I-485 together? is there any connection in getting receipt of I-485 and LUD on I-140, just curious becasue I am also seeing LUD of 07/28 on my I-140 but my I-140 got approved in 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
Waiting for reply.
I am also july 3rd filer with I-140 LUD of 7/28. What i believe they touched our application on that day.My 140 also approved on 2006.
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shahuja
02-06 02:59 PM
Hi stuck_here, how do you know you are stuck for PIMS and not anything else ??
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pani_6
08-21 07:34 PM
We got another 20 days..want to send out flowers..to whom??.what message??.
Guys,
Can we atleast do a flower campaign than discuss over and over the same points. I see this is the only EB3-India thread thats going over 5 pages of late. I have sent 6 letters to the dept, Ms. Joe,John, USCIS etc.. and today I am sendning 6 more cards with some message to help EB3.
I also contributed $100.00 and IV should get it tomorrow or Saturday.
Please send card, messages emails, whatever to make EB3 also to catch up with EB2.
Please do something before its too late. I am very hopeful something good must happen in Oct.
We need more push from Core IV.
Sri.
Contributed $100.00
PD 01/04
EAD/AP/485 July 07.
Guys,
Can we atleast do a flower campaign than discuss over and over the same points. I see this is the only EB3-India thread thats going over 5 pages of late. I have sent 6 letters to the dept, Ms. Joe,John, USCIS etc.. and today I am sendning 6 more cards with some message to help EB3.
I also contributed $100.00 and IV should get it tomorrow or Saturday.
Please send card, messages emails, whatever to make EB3 also to catch up with EB2.
Please do something before its too late. I am very hopeful something good must happen in Oct.
We need more push from Core IV.
Sri.
Contributed $100.00
PD 01/04
EAD/AP/485 July 07.
nkavjs
11-09 12:22 PM
I do received RD as July 2nd and ND: Oct 10 on RN. I am not planning to bug IO@NSC for EAD or NC untill Jan 2008 or I see my PD current per VB.
Good to hear that USCIS did something right for someone. Atleast they recognised your Receipt date as July 2.
On my case they moved my file from NSC to TSC on 4 August and they used that date on my notice date as recp. date.. instead of 2 July.
I didnt get any response from my attorney yet.. but Shd I worry about getting my recp. dates corrected to 2 July.. I have PD of July 2003 EB3-India.
BTW I thought you are current with PD of 2001. Isnt it?
Pls. correct me if I am wrong. txs
Good to hear that USCIS did something right for someone. Atleast they recognised your Receipt date as July 2.
On my case they moved my file from NSC to TSC on 4 August and they used that date on my notice date as recp. date.. instead of 2 July.
I didnt get any response from my attorney yet.. but Shd I worry about getting my recp. dates corrected to 2 July.. I have PD of July 2003 EB3-India.
BTW I thought you are current with PD of 2001. Isnt it?
Pls. correct me if I am wrong. txs
nk2006
10-28 12:47 PM
From IV: IV commends the initiative taken by it's members nk2006, pd_recpaturing, ItsNotfunny and others. As these members have observed, we all know that any one who has filed for AOS/I-485 can potentially be hit with this issue, especially in the current job market situations. If you believe in the old adage prevention is better than cure, this is an action item you have to subscribe to. It will be only a matter of time the number of such denials is going to spike.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.
Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
In recent weeks there has been a spate of I485 denials by USCIS in the AC21 cases. In most of these cases, the underlying I-140 has been revoked by previous employer. But AC21 regulations and related memo’s require that I485’s should not be denied based on that – provided I485 has been pending for more than 180 days and the applicant has changed to a new job that is same or similar. USCIS has been rejecting cases without even issuing a NOID – again required by AC21 regulations. So USCIS is not following AC21 regulations and related field memo’s for whatever the reasons.
Obviously this will have a very bad impact on us – in addition to tremendous amount of stress it can have very bad economic implications including loss of job. In the current economic conditions we cannot afford to lose the job change flexibility provided by AC21 regulations. IV has started a campaign to fight this.
After a brief campaign to write to Ombudsman, it has been decided to intensify this campaign and write to various officials in USCIS hierarchy. IV core members have been actively involved in coming up with a strategy and are actively supporting this effort. By sending large number of letters we can draw their attention to this issue and resolve as quickly as possible. There are other strategies that are being discussed and will be underway soon to tackle this issue. This is the first and the most important step up on which other steps depend.
I request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent – all you have to do is download following 4 google documents – add the date, your name and address – and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters – these letters can be downloaded at the above URL’s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads: http://immigrationvoice.org/forum/showthread.php?t=22052;
http://immigrationvoice.org/forum/showthread.php?t=21716
To achieve positive results we need to send these letters in large numbers - please send them today and let everyone else be aware of this effort. Thank you.
Request to core/web site admin: can you please add a link to this thread on the IV main page to get better coverage to this campaign - thanks.
