Thursday, June 30, 2011

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  • gk_2000
    08-09 01:13 PM
    Hilarious.... Hilarious.....

    1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.

    2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?

    Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.

    I suggest you drop out of EB2, and learn some English spellings before coming here and chiding people. Get lost!




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  • alterego
    03-08 06:27 PM
    Very well written. I can tell you through my observations of living in this society for 35 years:

    1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)

    2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)

    3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.

    4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.

    5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).


    Now I don't want to get people upset but let's look at some things that have happened since 2005:

    There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.

    In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.

    In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas

    Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.


    Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.

    Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?

    This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.

    In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
    As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
    In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
    This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.




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  • dtekkedil
    07-03 02:26 PM
    Please send following message :


    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the pain. Wish you all the best for future Visa Bulletins for Employment based legal immigration

    Don't worry, we will wait for 100 years for our green card.

    I understand the pain you are going through... but we do not want to sound pissed! Just a simple best wishes will put our message through (if done by enough people). It burns no bridges... and it can attract the media... we want to shame them not ourselves!




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  • chmur
    07-27 06:09 PM
    otherwise society would have have no use for lawyers....who make a living making interpretation of the existing laws.

    Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.

    The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.

    They have gone "Vertical" to "Horizontal" and probably will somersault next .
    2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.

    This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.

    All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.

    and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.

    EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.

    If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.

    Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.



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  • alias
    08-18 01:45 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.

    Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!




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  • pyaradesi
    07-20 09:57 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.

    Are you implying every person born in India in the EB2 owes a debt of gratitude to IV?
    Why do people not deserve their greencards? If they followed the law, stood in line, and the government of the USA deemed them fit for a GC what else do you need for them to be deserving? Touch your feet and get your blessings?



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  • sledge_hammer
    02-12 02:55 PM
    So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.

    You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.

    That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.

    Since the two of you don't have answers to these questions of mine, I rest my case until that!

    You are missing the point --- you are running behind everyone with a hammer. Calm down and stop making comments on other's English! If someone writes "u" instead of "you" and that annoys you, that is just one of your many problems. No one can do anything about it.

    Once again -- Grow Up!




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  • desi3933
    08-08 11:42 AM
    I got an email today from USCIS stating this
    Current Status: Card production ordered.

    I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?

    My PD Is May 2003

    Congrats!

    Welcome to the club!


    ____________________________
    N-400 Oath Date on Aug 19th



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  • ronhira
    09-26 07:44 AM
    So EB3 indians are idiots?:D

    so are we..... everyone in eb2...... we r all the same.....




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  • NWISE
    11-17 03:06 PM
    Thanks for the effort! As always, it's greatly appreciated.



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  • bindoke
    08-25 10:59 PM
    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.
    in my case iwas exactly 3 weeks.
    Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.




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  • ramus
    06-18 06:52 AM
    How long you guys think it will take to get EAD and AP for June1st fillers..



    me too



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  • go_guy123
    05-31 11:16 AM
    I only took Bank Statements. In my case they did not even ask to see those.

    Actually in the landing paper there is a place where teh officer needs to sign of funds as well.
    some places officers dont ask for it and in other places like rainbow bridge they do ask for it. However it is justa small formality...i just tooka printout of the online statement and that was fine with them.




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  • simple1
    05-01 03:55 PM
    FOIA may be. Btw can you add a poll to this thread to see forum support?

    Done, added poll.



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  • Kodi
    07-24 11:33 AM
    EAD Paper filed at TCS EB2 ROW

    USCIS Receipt date: April 18, 08
    FP done: July 22, 08

    No LUDs, No EAD yet.




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  • simplyforjunk
    08-15 06:31 PM
    Hi,

    My I140 was approved from TSC, and 485 sent to NSC (delivered on Jul 24, 2007). Still no receipt, but I140 has the LUD as Jul 28, 2007. Just hope that this means transfer to TSC on Jul 28. Any opinions?

    Thanks



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  • dtekkedil
    07-10 05:39 PM
    We are starting with San Jose. On July 14th.




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  • kshitijnt
    07-09 03:28 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I know that , I had a rebuttal for consultant does not constitute employer employee relationship argument. It does not for the end client but does for the agency or consulting co.




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  • prince_waiting
    07-20 07:32 AM
    I pledge 200 USD; a small salutation to a great act.




    GKBest
    10-12 01:34 PM
    Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.

    3rd july people should call now and I am definite we all were sitting in same box.


    What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....

    Receipt is from NSC


    Was your I-140 approved also at NSC? Maybe that's the reason why you have an NSC receipt. My I-140 was approved from TSC.....




    GC08
    05-06 06:24 PM
    I think we should be careful about what we (Employment based immigrats, esp. those who are stuck in backlogs) support. I definitely do not support any reform that does not give us priority or does not eliminate employment based immigration backlogs.

    I also think green card lottery, chain immigration, and refugee green cards should be eliminated and those visa numbers should be used for employment based immigrants because all these people can immigrate just like us through employment. We contribute more to the American society and should be given priority. I guess when we become American someday, we would like immigrants who contribute to our community too. Isn't that right? :)



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