Thursday, July 14, 2011

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  • deepakjain
    06-08 06:33 PM
    My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:


    You might get your GC while you are at the retirement home....





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  • Desertfox
    10-29 08:14 PM
    EB3 India
    PD July 06
    I-140 Approved
    485 Pending:D





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  • nogreen4decade
    07-15 01:36 PM
    I think you are in. Good Luck!
    Mine is 3/21/06. So close...yet seems like so far :(
    Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:





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  • kanaihya
    09-26 10:03 AM
    Just Sent an email to the CNN editor ..to educate himslef/ his staff regarding the rally.
    thanks



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  • cygent
    03-23 10:18 PM
    How do you know if labor is EB2 or EB3?

    Hello all,

    How do you determine if the category is EB2 or EB3? How can you find that out from which document?

    Thanks!





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  • immigrant2007
    08-12 04:04 PM
    not even 2002, it's just 01Jan2002, means only 2001.

    EB2 person who applied for greencard in 2006 getting the GC wth the person who applied in EB2 - 2006.

    This gap between EB2 and EB3 is keep on increasing....

    EB2 move is in Months....EB3 move not even in Days...

    I'm not against EB2... but just comparing.:(

    Such is our seriousness, the thread barely started it was at the bottom of the list just awaiting its natural death. Whereas the most meningless threads are at the top of the list. If people can not EB3 backlog seriously then i am sure they don't deserve any GCs.



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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.





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  • kondur_007
    04-10 03:44 PM
    Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.

    Now,

    1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?

    2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?

    3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?

    4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...

    http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf


    Thanks,

    Here is what I think; possible answers/comments. I am not an expert but am thinking following:

    1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.

    2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.

    3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.

    4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".

    The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.



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  • go_gc_way
    12-11 03:34 PM
    First someone from IV core has to confirm that this rule change does not need congress action. I am sure the core has explored this option before.

    Until then, there is no point in having any discussion on this.

    I second all , who want to contact USCIS for this. We can take out this from our wish list for a bill.





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  • singhsa3
    07-13 09:09 AM
    Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.
    This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.



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  • signifer123
    02-16 06:20 AM
    Yeah that scared the crap out of me...good luck beating him anyone, dang thats how mine was gonna look.





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  • anil_gc
    09-26 10:24 AM
    sent e-mail to the cnn editor



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  • sumansk
    12-20 04:04 PM
    :D;)
    I dont think you need to worry.. for you knwo what I am saying ...:D





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  • nawlinspoboys
    09-28 08:39 AM
    Good writeup on your brother's experience in India. My brother went to India (for a visit) after 8 years in USA. What he found was great stuff and real bad stuff going on at the same time. Good stuff includes amazing money and prosperity coming to middle and lower middle class of India(ofcourse the poor are left out of all this and suffer). 10 years back middle and lower middle class kids were suffering and getting a manufacturing or civil job for 1000 Rs (after reference from a company insider). Now they get 30 or 40 thousand to begin with. Thats amazin. Downside is lots of cars, tremendous amount of pollution, congestion and same bureaucracy as before. The infrastucture is getting worse and no relief in sight. Also Indian professionals complain about long hours to support US clients. They have no normal family life. Most people stay in the offices till 10 in the night. So I guess it all depends on what each one of us wants. Returning to India is a good idea if you dont mind all the bad things. If you want to live a easy life stick to USA. Ofcourse you will need to diversify in career in coming years.

    DONT EVEN GET ME STARTED ON EU..THEY SUCK A**!!!! TOO LIBERAL (AND RACIST) FOR THEIR OWN DEMISE!!



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  • manderson
    04-04 09:23 AM
    this is old news and has been posted about before!





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  • noendinsight
    10-26 10:24 AM
    Eb3 India
    PD- Jan 2004



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  • maximus777
    06-08 06:17 PM
    Plain and simple. From now on just imagine that you are working in one of those persian gulf countries - work on a visa as long as you work. This way its less stressful. If you have immigration intent, then enter illegally. :mad:





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  • addsf345
    12-10 07:50 PM
    I absolutely agree with you. I can't imagine how a person of Indian or Chinese origin can blame themselves of this retrogression. To me, it is a reflection of poor self esteem.
    The bottomline is that we are here because we are needed here. We have the privilege to apply for green card in return for the work we do. Country quota does not make sense in employment based immigration. It is an unfair practice which has to stop someday.

    very good point. Such low-esteemed people will start blaming their parents for retrogression. Why they gave them birth in first place. If they wouldn't have been born, no retrogression. See its EZ!





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  • sanjaymk
    07-16 06:48 PM
    I think we have crossed the stage of educating these guys, and I personally don't think these guys are in a mental state of responding to reason and rationality.

    The best way to teach them a lesson and make them ineffective is to simply prove their points are clear blatant lies and put their credibility under question.

    We should create a webfax through IV to senators and legislators that reveals their lies and hits them in their core, and let the senators know that believing in these type of immigration-KKK type of organizations will put their credibility among the general public in question and is very badly detrimental to their future.

    Sanjay.





    stucklabor
    07-24 12:42 PM
    It all depend how we interpret the law.

    Here is the arguement by stuck labor

    "INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if


    (3) an immigrant visa is immediately available to him at the time his application is filed."

    BUT

    The above is applicable for adjustment of status only not for filing of 485.
    Here the case in point is to argue for filing 485, not for adjusting of status even VISA numbers are not available. It is not mentioned anywhere in the act that the 485 petition cannot be filed. It is worth to give a try with USCIS. The present law does not mention anything about filing and we can take advantage of that.

    The law is the law, there is no room for interpretation. We cannot file for Adjustment of Status using form I-485 without visa number availability. Remember that I-485 is the form name that you use to apply for Adjustment of Status. When you file I-485, you are filing for Adjustment of Status.

    Please think through your ideas before posting them.

    Just as a FYI and anticipating arguments that may arise, EAD is available by law to Adjustment of Status applicants and others - such as students on OPT etc - and the law specifically says who may get EAD.

    I will not respond to any further arguments on this thread that are on the lines of "Let us get USCIS to reinterpret the law, let us file I-485 and not call it an Adjustment of Status application, let us lobby USCIS to get EADs without filing for Adjustment of Status etc".

    In response to the posts by rpatel, valabor etc - there is ZERO potential in pursuing this directly with USCIS. IV will not and should not waste any time in this effort.





    kaella
    07-13 10:03 AM
    I think it was referenced some where else in this thread , anyways here you go

    http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf


    Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa
    number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand
    for numbers under these dates. (Priority dates of the first through seventh of a month are grouped
    under the 1st, the eighth through the fourteenth under the 8th, etc.)

    Source please... or are you just kidding ?



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