priti8888
07-18 04:04 PM
I am still confused in regards to who whould be eligible for a visa number.
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
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JulyFiler
08-20 07:56 PM
Yes, CA DMV takes quite a while to get clearance from DHS to validate your legal stay before they issue you DL.
vedicman
05-03 01:16 PM
Thanks, we expect some of the offices will say this. There can be lot of answers to this question. One way to respond is -
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
"For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.
I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"
Please always end the call on a cordial note thanking the Staff member.
This makes perfect sense, and thanks for the suggestion, it definitely came to use when I called the office today.
When my statement was put in this angle, Sen. Brown, Sen Greg, Sen McConnell's office took note of it, and thanked me. I told them that immigration is being held hostage with words like amnesty, and if such rhetoric is taken out, common solutions can be found between reps and dems.
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485Mbe4001
08-13 04:22 PM
We have a one month window to push for HR 5882, let us focus on that. if it doesnt work then we have no hope. at this rate EB3 will not even move 6 months per year. In retrospect every minor gain for the EB community has had major implications to EB 3 and the backlog as a whole (just venting a bit, dont want to drag it into a big discussion). I remember last year there were many who were saying 'now that we have EAD and AP we are good', this year many will realize the additional pain of renewals and waiting.
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
Oh's site mentions the following (per country limit is both family and EB based)
"The numerical limits for FY-2008 are as follows: (a) Worldwide Family-sponsored preference limit: 226,000, (b) Worldwide Employment-based preference limit: 162,704. Under the INA Section 202(A), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2008 the per-country limit is 27,209. The dependent area annual limit is 2%, or 7,774.
"
more...
chisinau
07-30 01:13 AM
Sens. Schumer and Hutchison have offered the Bridge amendment. The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. According to www.shusterman.com It has a chanse to pass in September, just after the summer recess.
I believe all our efforts should be concentraited on this legislation!
Core Team, we badly need your advise, how can we help, what should we do in order to lobby this ammendment? It might be difficult because the majority of Schedule A professionals are still outside the US..... There in US we have only our lawers, who seems to me are not willing or can help us.
I believe all our efforts should be concentraited on this legislation!
Core Team, we badly need your advise, how can we help, what should we do in order to lobby this ammendment? It might be difficult because the majority of Schedule A professionals are still outside the US..... There in US we have only our lawers, who seems to me are not willing or can help us.
$eeGrEeN
09-10 12:40 PM
request to all help increase my rep. points////
more...
diptam
09-01 03:02 PM
1. Yes yes yes
2. Yes
3. No
All Desi employers?
2. Yes
3. No
All Desi employers?
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lonedesi
08-04 04:14 PM
Letter to be sent for an I-140 petition pending at TSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
more...
ragz4u
03-08 10:40 AM
Senator Specter seems to emphasize that he would like to get done with amendments etc. and to make sure that he meets Bill Frist's deadline of March 27th so that it can be debated
Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year
Will keep on updating as and when I hear things
No visa cap for nurses/physical therapist esp for India, China and Phillipines
Apparently the quorum is not present at the committee to vote on the amendments, but senator Specter is stating whether he will support the amendment or not.
Senator Specter supports Brownback amendment for extending J1 visa.
Senator Leahy agrees with senator Brownback.
Recess until 2.00 pm. Senator Specter says that if enough senators do not arrive by 2.00, most amendments will be decided today. Else the amendments will have to come on the senate floor.
Senator Brownback is bringing an amendment to extend J1 visa which apparently expires this year
Will keep on updating as and when I hear things
No visa cap for nurses/physical therapist esp for India, China and Phillipines
Apparently the quorum is not present at the committee to vote on the amendments, but senator Specter is stating whether he will support the amendment or not.
Senator Specter supports Brownback amendment for extending J1 visa.
Senator Leahy agrees with senator Brownback.
Recess until 2.00 pm. Senator Specter says that if enough senators do not arrive by 2.00, most amendments will be decided today. Else the amendments will have to come on the senate floor.
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Sachin_Stock
08-23 09:49 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from Bachelors + 5 years of experience to Bachelors + 10 years of experience?
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
Read the definition of EB-2, and its sub-classification for Advanced Degree, Exception abilities and National Interest Waiver.
more...
pmpforgc
03-06 08:29 PM
I feel like giving up today after I saw a friend of mine leaving to india with a US Citizenship and an overseas citizen of india card.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Just wanted to caution you that, your friend if he dont like his decesion, he can reverse it any time as he has luxuary of citizenship. If you try to foillow in his foot step, you may not have that luxury and also might have to restrart from scratch if you want to reverse your decesion of going back home.
The irony is he applied two months after me in the same category except his application was from a different state.
Now it makes me think, if I have to go through this process and after 5 years if I end up like my friend, then I might as well do it now...:confused:
Just wanted to caution you that, your friend if he dont like his decesion, he can reverse it any time as he has luxuary of citizenship. If you try to foillow in his foot step, you may not have that luxury and also might have to restrart from scratch if you want to reverse your decesion of going back home.
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Marphad
07-06 03:45 PM
Please...Please....Please don't reply within one hour.
He is already banned :). Your post was good.
He is already banned :). Your post was good.
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ItIsNotFunny
10-24 04:26 PM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
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Ravneetsingh
10-01 12:59 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
more...
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Edison99
01-10 11:42 AM
Congrats
9years & vayumahesh! Enjoy the freedom...................
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
9years & vayumahesh! Enjoy the freedom...................
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
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485Mbe4001
09-10 02:26 PM
Please realize that HR 5882 is the only hope for now. I had mentioned in my previous posts that EB 2 I/C will retrogress in Oct (many said i was just saying this because i was EB3). This is not the time to be complacent or hope that USCIS will start dishing out visas and clear the backlogs. Help in working towards getting something done with the bills, the window of opportunity is very short.
more...
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gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
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rajusk
09-10 04:42 PM
Friends,
I just contributed $100 for the campaign.
I will be there in DC on the 18th. Still debating whether to ride the bus or do a ride share.
I live in the NJ area
Hello friends - Just contributed $100..(Google Order # 265811536249307)
Appreciate all the help & effort IV is doing for us..!! Thanks a ton.!! Will be there in all our might on Sept. 18th...!!! GOD BLESS IV...!!!
I just contributed $100 for the campaign.
I will be there in DC on the 18th. Still debating whether to ride the bus or do a ride share.
I live in the NJ area
Hello friends - Just contributed $100..(Google Order # 265811536249307)
Appreciate all the help & effort IV is doing for us..!! Thanks a ton.!! Will be there in all our might on Sept. 18th...!!! GOD BLESS IV...!!!
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hopefullegalimmigrant
01-04 01:27 PM
helpless situation. Got to stay cool :cool:
kartikiran
08-23 08:34 AM
So does this mean:
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
a) Less of EB1
b) Less of EB2- ROW
c) Less porting from EB3->EB2
If implemented may help the EB2-I/C backlog move faster. Probably USCIS's way of reducing the backlog!!
deepimpact, shame on you to think like this. This is just one more of example of how ignorant the immigrant community is about the ground realities of these law changes in the employment-based immigration rules which includes H1B, L1s, EB apps etc.
1. The neufield memo of Employer-employee relationship & giving not 3 years of H1B visas but in some cases depending on the contract 3 months of H1B visas.
2. The fee hikes of H1B & L1 visas.
3. Make EB1, EB2 etc more strict to make it almost impossible to get anymore EB2 apps approved. BTW there is nothing which stops them from issuing another memo to review all EB2/EB3 I-140 approval and revise the approvals & deny them if deemed necessary. What would you say then?
You completely missed the point. Put the events in chronological order and you will realize why IV Core insists on meeting lawmakers. Pretty soon, there will be no avenues even with a lot of legitimate experience for an immigrant unless they end up winning nobel prizes....sorry there are not many nobel prize winners in this world and I have not met one so far.
Anyway, hope others continue to meet the lawmakers leaving your EB2-EB3 divide to ask them for recapture and removal of country limits.
Peace.
Leo
07-24 11:13 AM
congrats priti8888 ! enjoy your freedom.
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