gcisadawg
08-20 01:07 PM
DOS has alloted most unused visa # into EB2 category this year, and EB3 was stuck due to no additional unused EB1 visas.
Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.
Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?
That is not true...If you look at the Visa Bullettin, it says
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
EB3 gets EB1 only if it is not used by EB1.
I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.
Thanks,
G
Visa Bulletin mentioned they did this in according to the requirements of Section 202(a)(5) of the Immigration and Nationality Act. But actually this might be a misunderstanding of Section 202(a)(5) and Section 203(b) - There is NO words in the act on how to allot unused visa # to differnt categories. Even the country limit and category limit would not apply if there are unused visas #. The allotment Mr. Charles Oppenheimer did horizontal spillover caused longer and more backlogs of EB3.
Congress has a concern on the backlogs and Bush's administration promised to reduce backlogs as much as they can. If Immigration and Nationality Act allows the government to spillover the unused visa # to EB2 & EB3, and a more humane and fair system should take care of early priority date first and do whatever the government has promised, should we ask Mr. Charles Oppenheimer to think about alloting some unused visas to EB3 so it can move forword a little bit?
That is not true...If you look at the Visa Bullettin, it says
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
EB3 gets EB1 only if it is not used by EB1.
I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.
Thanks,
G
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gc4me
01-09 10:13 AM
I think we should not mention the bellow point in the letter which we are going send to the president.
Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
According to Mr. Aytes, USCIS is already working on it. Why to mention it in the letter?
That will rather give anti-skill-immigration crying babies one more thing to cry about.
Now what? Under the new filing fee schedule which took effect after July 29, 2007, issuance of EAD and Advance Parole for the post August 27, 2007 is "free, free, free" for the I-485 filers. Allegedly, the cost is incorporated in the I-485 filing fee of $1,020. The new regulation uses the term of "fee waiver" for EAD and Advance Parole for these I-485 filers. Now, you guessed it! Lo and Behold, the business calculation on EAD and Advance Parole has reversed. The DHS will lose a huge money by issuing single-year EAD and a separate Advance Prole document on a yearly basis over and over since they are free and they will have to keep producing it at no charge every year, which creates a huge workloads consuming its huge human resources and other production costs. This is particularly unacceptable to the agency under the predicted State Department Visa Bulletin for FY 2008 and in the future. Now, from the business standpoint, the DHS may make a huge money by issuing a multi-year EAD which will also function as a travel document. Ahah! No wonder why they are finally coming forward revealing their hidden agenda behind the new fee rule-making and EAD/Advance Parole reform business. Reportedly, Mr. Aytes of USCIS disclosed in a New York AILA conference that the USCIS was currently working on a single multi-year EAD card that will also replace the Advance Parole document. What a smart calculation it was in the new fee rule-making action
Implement the existing interim rule to allow issuance of multi-year Employment Authorization Documents (EAD) and Advance Parole.
According to Mr. Aytes, USCIS is already working on it. Why to mention it in the letter?
That will rather give anti-skill-immigration crying babies one more thing to cry about.
Now what? Under the new filing fee schedule which took effect after July 29, 2007, issuance of EAD and Advance Parole for the post August 27, 2007 is "free, free, free" for the I-485 filers. Allegedly, the cost is incorporated in the I-485 filing fee of $1,020. The new regulation uses the term of "fee waiver" for EAD and Advance Parole for these I-485 filers. Now, you guessed it! Lo and Behold, the business calculation on EAD and Advance Parole has reversed. The DHS will lose a huge money by issuing single-year EAD and a separate Advance Prole document on a yearly basis over and over since they are free and they will have to keep producing it at no charge every year, which creates a huge workloads consuming its huge human resources and other production costs. This is particularly unacceptable to the agency under the predicted State Department Visa Bulletin for FY 2008 and in the future. Now, from the business standpoint, the DHS may make a huge money by issuing a multi-year EAD which will also function as a travel document. Ahah! No wonder why they are finally coming forward revealing their hidden agenda behind the new fee rule-making and EAD/Advance Parole reform business. Reportedly, Mr. Aytes of USCIS disclosed in a New York AILA conference that the USCIS was currently working on a single multi-year EAD card that will also replace the Advance Parole document. What a smart calculation it was in the new fee rule-making action
desi3933
01-30 06:23 AM
Another thought... they might have been confused with EAD through L1/B1 etc dependent and EAD through pending AOS. The first case is temporary and depends on the primary applicant status. See if thats their concern and clarify...
Good luck!!!
yagw
It does not matter. EAD is unrestricted employment authorization and has no conditions attached due to basis it was issued. Of course, EAD can be revoked due to basis no longer available (such as expiration of L2 Status), but person can work as long as EAD is valid.
Form I-9 Employment Verification - Form I-9 Services from Form I-9 Compliance, LLC (http://www.formi9.com/form-i9-faqs.aspx)
[From the link]
Q. Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?
A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
---------------------------------------------
_________________________
US citizen of Indian origin
Not a legal advice
Good luck!!!
yagw
It does not matter. EAD is unrestricted employment authorization and has no conditions attached due to basis it was issued. Of course, EAD can be revoked due to basis no longer available (such as expiration of L2 Status), but person can work as long as EAD is valid.
Form I-9 Employment Verification - Form I-9 Services from Form I-9 Compliance, LLC (http://www.formi9.com/form-i9-faqs.aspx)
[From the link]
Q. Can I avoid reverifying the I-9s by not hiring persons whose employment authorization has an expiration date?
A. You cannot refuse to hire persons solely because their employment authorization is temporary. The existence of a future expiration date does not preclude continuous employment authorization for an employee and does not mean that subsequent employment authorization will not be granted. In addition, consideration of a future employment authorization expiration date in determining whether an alien is qualified for a particular job could be an unfair immigration-related employment practice.
---------------------------------------------
_________________________
US citizen of Indian origin
Not a legal advice
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logiclife
06-29 05:28 PM
I'm at a total loss here. My dates became current in June and I was ready with all the paperwork - even filled all the forms myself. Company and their attorneys took their own time and sent the application out only today for Monday delivery... I kept on reminding them what USCIS did to EB-3 other workers.. but all for nothing....... they can just say 'oops sorry' and out lives are screwed!!!
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
If its mailed out today, then you are ok. Its the POSTMARKED date that is seen. So even if it reaches there in July, as long as it went OUT today, they will have to accept it under June's batch of applications coz it is postmarked in June (june 29).
more...
crystal
07-15 01:01 AM
http://www.dnaindia.com/report.asp?newsid=1109544
delhirocks
06-29 09:09 PM
just curious...
I like IPAs...Iam in seattle, they have this nice brewery (Pike Place Brewery), the head brewer over there, split open a new cask of this mild IPA, It had a nice bitter after taste. Kindoff like this whole fiasco (except the nice part)
I like IPAs...Iam in seattle, they have this nice brewery (Pike Place Brewery), the head brewer over there, split open a new cask of this mild IPA, It had a nice bitter after taste. Kindoff like this whole fiasco (except the nice part)
more...
kpsm88
05-14 03:58 PM
Hi,
We have already made plans for our India trip. We will be leaving US on June 2nd. Can we apply 485 on June 1st and leave to India on June 2nd.
Will there be any complications around this.
As we will be returning in July, we are not sure if my PD will still be current by the time we return back.
Thanks for your time and reply
Regards
KP
We have already made plans for our India trip. We will be leaving US on June 2nd. Can we apply 485 on June 1st and leave to India on June 2nd.
Will there be any complications around this.
As we will be returning in July, we are not sure if my PD will still be current by the time we return back.
Thanks for your time and reply
Regards
KP
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spgtopper
01-26 04:41 PM
I haven't read any news on that.
If you find anything, please post it here.
If you find anything, please post it here.
more...
gc_check
02-24 12:06 PM
Draft Text of the Comprehensive Immigration Reform Act of 2006 (Chairman Specter�s Mark)
http://www.aila.org/content/default.aspx?docid=18639
http://www.aila.org/content/default.aspx?docid=18639
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GC08
07-09 09:01 PM
Actually I thought they will not accept flowers. But for courtesy and humanity touch they are forwarding. Because of these atleast flowers have some purpose without wastage. This campaign will not have any impact on functioning of USCIS as they are following law. These mistakes are common in every Government organisations and time time mistakes are being corrected. Even congressional hearing happens and finds mistake they will prevent future mistakes like this. It is unlikely for affected persons to get relief immediately. But Many persons will get relief automatically on oct 2007 when DOS sets Cutoff date. I expect cut off date for EB3 2003 or 2004 and for EB2 2005.
I just felt that they did something that most people would not understand. I think the mess today is the result of a series of missteps they took. They not only mismanaged the whole green card thing but also mismanaged the public relations. Hopefully, they have learned from all these dramas. :cool:
I just felt that they did something that most people would not understand. I think the mess today is the result of a series of missteps they took. They not only mismanaged the whole green card thing but also mismanaged the public relations. Hopefully, they have learned from all these dramas. :cool:
more...
anilsal
01-24 12:30 PM
http://anilgeneral.blogspot.com/2008/01/india-in-1835.html
Someone forwarded this recently.
This may not be true, as told by pegasus.
Someone forwarded this recently.
This may not be true, as told by pegasus.
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desi3933
06-16 03:40 PM
Grow up dude... You don't have any facts or knowledge on this only you have hatered
Day dreaming is bad thing. You could be fired for this.
Anyway, please spend some more time before passing any judgment, since you are new to earth.
:D :D :D
.
Day dreaming is bad thing. You could be fired for this.
Anyway, please spend some more time before passing any judgment, since you are new to earth.
:D :D :D
.
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gc_on_demand
09-24 10:58 AM
There will be only 25 - 20k Spill for 2010. Given that India and CHINA Eb2 can cross mid 2006.
It will take another 2 years for Eb2 to make C and then we can see Spill over to Eb3.
If economy improves and we start seeing labor approval coming Spill be going to less and creating more wait time.
Eb3 needs VISA RECAPTURE badly. Eb2 guys can wait for couple of years to get GC. but still 2-3 years in given economy is too risky. Bottom line is WE need VISA RECAPTURE in order to clean all mess.
It will take another 2 years for Eb2 to make C and then we can see Spill over to Eb3.
If economy improves and we start seeing labor approval coming Spill be going to less and creating more wait time.
Eb3 needs VISA RECAPTURE badly. Eb2 guys can wait for couple of years to get GC. but still 2-3 years in given economy is too risky. Bottom line is WE need VISA RECAPTURE in order to clean all mess.
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jayleno
07-10 09:58 AM
Hi Smitha,
I hope you will try to be a silent visitor of this website again with all the blessings you got. Please dont assume that all the people on here have to think that India is their home country and India is great!!!...What about people from other countries...Please try to think in a broad perspective....the2005/2006/2007 analysis is wrong too....giving your 2 cents back...thanks but no thanks..
Jay
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
I hope you will try to be a silent visitor of this website again with all the blessings you got. Please dont assume that all the people on here have to think that India is their home country and India is great!!!...What about people from other countries...Please try to think in a broad perspective....the2005/2006/2007 analysis is wrong too....giving your 2 cents back...thanks but no thanks..
Jay
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
more...
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SunnySurya
08-07 06:17 AM
Notes:
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
SunnySurya, Flood,
I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.
I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.
If you already have applied in EB2 you won't be affected.
If you have a Masters you won't be affected.
SunnySurya, Flood,
I see that you guys didnt join IV until 2008. So, you know very less about this org. The people who only can think for their own wont come to join you at any stage, it was proven many times. They will just keep writing messages here and use valuable information on the forum.
I am EB2/Masters/PD Nov 2004. I do not not support your idea. I loose patience at times, but not to the extent of effecting other peoples chances. I know quite a few of my freinds who had masters, their corporate employers applied in EB3, none of them are trying to do conversion. But, i feel their pain.
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Robert Kumar
04-01 06:07 AM
If these #s are released, lets say 12K, or whatever:
How will these affect the processing times.
I guess these cases that qualify are all propbably pre-adjucated. In that case will it increase the processing time for PERM, I-140 and 485 stages.
How will EAD and AP extensions get affected.
How will these affect the processing times.
I guess these cases that qualify are all propbably pre-adjucated. In that case will it increase the processing time for PERM, I-140 and 485 stages.
How will EAD and AP extensions get affected.
more...
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pansworld
07-09 09:37 PM
Greeting Cards to the Vice President Cheney who is Senate Chair and the Speaker of the House, Nancy Pelosi.
Let them read it to the Congress.
Let them read it to the Congress.
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Ramba
08-21 12:55 PM
You are right about members working on understanding the law in this forum and thrashing out arguments to make them fool proof. Instead I find people getting incensed at each other and creating a destructive environment instead of a constructive one.
As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.
Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.
As far as immigration lawyers go - they have no incentive to file a lawsuit to get a correct interpretation as they donot stand to gain whatever way the law is interpreted. Also while there definitely are a few smart immigration lawyers- the run of the mill ones are no better than paralegals. I'm not sure I should be saying the above but my experience points to that.
Yes. No one has bothered to go after DOS for misinterpretting the AC21 rule in allocating immigrant visa. Many people (EB2-India) raised their concern between 2003 and 2006, as DOS is not correctly following the rule and allowed the spillover to go EB3, when EB2 was in high demand particulrly from India. Even IV core did not go after DOS. As you mentioned, lawyers has no incentives. EB3 has enjoed between 2000 to 2006 (from the mercy of DOS). For example in 2006, EB2 got about 25,000 visas abot 20,000 visas (from EB2)has gone to EB3-ROW.
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gautamkini
06-15 01:55 PM
Hi,
My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead
My wife and kid are outside india. Can i file for 485 and include them...Do they have to be in india for that. Also can i file for my wife's ead
seahawks
04-26 11:44 PM
I agree totally, this is a catch 22 situation for employment based immigration and agree that this will only divide more of us who are in different situations and are all waiting in line. I am not on L1 but to have introduce a bill that is protective in nature will only hurt immigration even more in the long run. Some of us may think this will eliminate lot more people from the line so that we who are working as permanent employees can get our green cards faster. Consulting companies are not just small companies, KPMG, Microsoft, Delliote, Oracle all of they offer some form of consulting to their clients. How will this law be implemented, what will happen to us who plan to change jobs after getting green cards and plan to consult if these companies don't exist. Every time a bill gets introduced, there is an intent but there is also the question of how it gets applied.
I think this will only hurt us as written from reading everything, this has all the language on discrimination against otherwise eligible workers, remember someday all of us who are permanent employees may be working as consultants, if you think today this is applied only to H1/L1, what will stop them from applying against EAD holders too? After all how many of us are on EAD, 300K? do you think that is a big enough group.
Stay together, stand together and read between the lines. Always fight for open legal immigration for employment, if you feel somebody is not qualified, so be it, its for the employer to make that call if he or she is qualified or not. If the client or the employer does not feel they are getting their money;s worth, that is a business decision for them to make, how do we who are standing in line for our green cards make a call on who is or not qualified?
I think this will only hurt us as written from reading everything, this has all the language on discrimination against otherwise eligible workers, remember someday all of us who are permanent employees may be working as consultants, if you think today this is applied only to H1/L1, what will stop them from applying against EAD holders too? After all how many of us are on EAD, 300K? do you think that is a big enough group.
Stay together, stand together and read between the lines. Always fight for open legal immigration for employment, if you feel somebody is not qualified, so be it, its for the employer to make that call if he or she is qualified or not. If the client or the employer does not feel they are getting their money;s worth, that is a business decision for them to make, how do we who are standing in line for our green cards make a call on who is or not qualified?
vbkris77
09-23 07:32 PM
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
I agree that it should be current. But knowing CIS ability to process, Shouldn't we ask DoS to move date of EB2 and make them current. So that the CIS will not waste them. They wasted earlier, So they can do it again.
It takes an year if not 2 for them to clear the new I485s. I don't anticipate many. But there will be some..
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
I agree that it should be current. But knowing CIS ability to process, Shouldn't we ask DoS to move date of EB2 and make them current. So that the CIS will not waste them. They wasted earlier, So they can do it again.
It takes an year if not 2 for them to clear the new I485s. I don't anticipate many. But there will be some..
