skv
06-20 01:24 PM
what on earth is that supposed to be?
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
Refer this.
http://immigrationvoice.org/forum/showthread.php?t=2567
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samrat_bhargava_vihari
02-13 04:20 PM
It is an Emotional Achievement to me and free from lot of worries with boosted Energy.
rajuseattle
08-13 04:52 PM
My only hope is somehow either the senate or the house version of employment based lost visa caoture bill gets into law, either FY2009 or FY2010.
If nothing happens to this effects we are royally screwed , until USCIS and DoL changed their interpretation for the spillover VISA numbers falling into EB-3 bucket we had some hope of catching up with some backlog, but now it seems PD will be stuck around 2001/2002.
I dont know why USCIS /DoL allowed the labor substitutions when they knew majority of the times Labor substitute option was abused by Desi consultants to get Green Cards. Thanks god they stopped this malpractice a year ago and now heavily scritinizing the pending LC applications for I-140 else the genuine folks like me who were the victims of DoL BEC and USCIS backlog would have suffered more.
I am also of the opinion similar to IV member "malagcpahije" and this is probably my last post in the IV as I dont see IV is a united organization, thier is a huge split between different factions of the employment based visa applicants and only relief we are going to get is from US policy makers, in this bad economy noone is willing to even talk about pro-immigration bills. Going to Washington DC will not serve any purpose other than watching those world famous museums and white house.
I am really feeling sad for leaving IV, all the best for the folks who still have faith in IV and its core team.
rajuseattle.....
If nothing happens to this effects we are royally screwed , until USCIS and DoL changed their interpretation for the spillover VISA numbers falling into EB-3 bucket we had some hope of catching up with some backlog, but now it seems PD will be stuck around 2001/2002.
I dont know why USCIS /DoL allowed the labor substitutions when they knew majority of the times Labor substitute option was abused by Desi consultants to get Green Cards. Thanks god they stopped this malpractice a year ago and now heavily scritinizing the pending LC applications for I-140 else the genuine folks like me who were the victims of DoL BEC and USCIS backlog would have suffered more.
I am also of the opinion similar to IV member "malagcpahije" and this is probably my last post in the IV as I dont see IV is a united organization, thier is a huge split between different factions of the employment based visa applicants and only relief we are going to get is from US policy makers, in this bad economy noone is willing to even talk about pro-immigration bills. Going to Washington DC will not serve any purpose other than watching those world famous museums and white house.
I am really feeling sad for leaving IV, all the best for the folks who still have faith in IV and its core team.
rajuseattle.....
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Green.Tech
06-02 04:46 PM
Wake up people!
more...
ChalapathiChitturi
12-27 03:22 PM
Thank you "softcrowd", good to know that we can re-enter using H1B when we are in AOS.
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
Today I received the update on uscis web site, saying that "Approval notice sent".
1. Applied on August 01 st (Vermont Service Center)
2. Receipt date Oct 2nd.
3. REF on Nov-26 for passport copies.
4. Responded to Ref on Nov-28, Sent passport copies on
5. Update in uscis web-site on 27-Dec-07 "approval notice sent"
Just in time for my travel.......
needhelp!
09-11 01:52 PM
PANKAJKAKKAR, IAM_1900, PARAM_R, KITTU1999, RITU_RAJ
more...
jojet
03-04 02:33 PM
HI GUYS,
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.
me and my spouse filed 1485 in july 2007 with a received date of 10/07/07.
we donot see anychanges online other than the case received and pending notice.
is there a way we can find the status of our case.if name check is cleared,any further finger printing as we only did once in 2007.ours is eb3.any input highly appreciated.
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shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
more...
tnite
07-11 08:02 AM
Does someone know by how many months EB2 has jumped??
little more than 2 yrs
little more than 2 yrs
hair tattoo Girl
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
Tshelar
06-24 12:55 PM
Hasn't this been discussed already?
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.
It does not make a difference to America, if a few hundred thousand foreign workers get their GCs today or 10 years later. The people America would really be concerned about are outstanding researchers, but then these people fall in the EB1 category which is always current and so they have no cause for complaint. The other category that the US is concerned about is cheap and illegal labor, but that is not related to GCs. So in short, there is nothing about the Eb2/Eb3 GC backlog that America needs to worry about.
The delay causes anxiety & frustration only for us applicants. So the impact is only on us.
Every year H1B quota is getting filled withing few days to a week. Majority of H1B applicants eventually land up applying GC in EB2/EB3 category, so america has nothing to lose as it keeps getting the workforce it needs every year.
Now, in an unlikley scenario in 2009 the H1B quota doesn't get filled then we can say that america is losing.
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trailblazer
07-21 03:45 PM
Joined IV recently. i am in Ventura county
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house vintage tattooed girl
JunRN
09-13 10:44 AM
I believe that for Schedule A Professionals like nurses and PTs, the only solution is the bridge amendment to make it faster. They are now using EB3, which means competing against hundreds of thousands of Engineers. With the latest bulletin, it seems the wait is five to six years...wow! that was long! But I think that is not the true picture. By mid of the 2008 fiscal year, we will see the real picture so hang on. The wait could be in reality 3 years.
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augustus
05-13 09:45 AM
I called the senator in MA. He doesn't support the bill but I did say we cannot be equated with illegals. I begged for them to bring skilled immigration out in the open.
I hope we make difference.
I hope we make difference.
more...
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indio0617
03-09 10:38 AM
Talking about real -id act....
dresses Tattoo Girl
gsc999
07-15 04:12 AM
GSC999 is back..Yay
Hello Santb,
Thanks for the welcome, good to see you too. Hope things are well.
Finally made it through the hectic work schedule.
Lets get some things done. We have the San Francisco 5K walk/race coming up too. Gotta get ready for that.
This is a shout-out to Bay area members. Contact Nola, Santb or me to participate in this event.
Cheers
g
Hello Santb,
Thanks for the welcome, good to see you too. Hope things are well.
Finally made it through the hectic work schedule.
Lets get some things done. We have the San Francisco 5K walk/race coming up too. Gotta get ready for that.
This is a shout-out to Bay area members. Contact Nola, Santb or me to participate in this event.
Cheers
g
more...
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McLuvin
04-12 01:43 PM
What's happening with the PERM approval guys??
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
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pointlesswait
03-18 10:58 AM
for tax purposes..there is no H1 ..GC criteria..
if u pay tax and u are eligible..u get the refund!
how many times should that be told..snap out of counting pennys ..! :mad:
if u dont get the refund..move on..be happy that u have a job!:cool:
if u pay tax and u are eligible..u get the refund!
how many times should that be told..snap out of counting pennys ..! :mad:
if u dont get the refund..move on..be happy that u have a job!:cool:
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gctoget
07-13 01:11 PM
From November 2006 there have been 36 members interested in IV Sounthern CA chapter.
Please can someone update me on the Thursday 7:00 P.M meeting?
Also here is the list of members interested in the Socal chapter of IV.
1 Jimi_Hendrix
2 GCSOON-Ihope
3 eagerr2i
4 days_go_by
5 485Mbe4001
6 yogkc
7 tcsonly
8 willgetgc2005
9 MY_GC_DREAMS
10 payal_nag
11 genius
12 Not2Happy
13 thirumalkn
14 meetdebasish
15 GC Process
16 baleraosreedhar
17 caydee
18 rkotamurthy
19 hourglass
20 murali77
21 satishku_2000
22 acruix
23 imv116
24 santb1975
25 amaruns
26 IN2US
27 twinbrothers
28 kumhyd2
29 xstal
30 mashu
31 zoooom
32 tcsonly
33 drona
34 DCQC
35 jasmin45
36 gctoget
Please can someone update me on the Thursday 7:00 P.M meeting?
Also here is the list of members interested in the Socal chapter of IV.
1 Jimi_Hendrix
2 GCSOON-Ihope
3 eagerr2i
4 days_go_by
5 485Mbe4001
6 yogkc
7 tcsonly
8 willgetgc2005
9 MY_GC_DREAMS
10 payal_nag
11 genius
12 Not2Happy
13 thirumalkn
14 meetdebasish
15 GC Process
16 baleraosreedhar
17 caydee
18 rkotamurthy
19 hourglass
20 murali77
21 satishku_2000
22 acruix
23 imv116
24 santb1975
25 amaruns
26 IN2US
27 twinbrothers
28 kumhyd2
29 xstal
30 mashu
31 zoooom
32 tcsonly
33 drona
34 DCQC
35 jasmin45
36 gctoget
ashutrip
06-27 05:56 PM
Congrats skillet! Really great news!
Any march approval?
Any march approval?
kondur_007
12-10 04:20 PM
Does this mean that spill over is not "quarterly" as we've been discussing
Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
For example, if EB2 India and China has different PDs, spillover is not occuring.
Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)
USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.
Yes, that's is correct. and they clarified (once more) that "when spill over occurs, PD of oversubscribed countries will move together".
For example, if EB2 India and China has different PDs, spillover is not occuring.
Additionally, it looks like demand in Eb1 is high enough that spill over may not be big, and so even with spill over, EB2 PD will not cross 2005. (they are saying indirectly that dont hold the hopes for big jump in the last quarter this year....)
USCIS seems to be working very efficiently and has a good grasp on the number of applications now (at least it seems...). All that extra staff they hired for July 2007 fiasco is working now and there is not much new filing. System will stay efficient until the time comes for them to handle 12 million undocumented after the CIR.
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