go_gc_way
10-22 01:44 PM
Of all the threads , I found this is one of the most relevant threads discussing our problem..
So there will be a lame duck session where at our retrogression problem will be discussed again. And chances of passing a relief are tough.
What is economic recession's impact on retrogression when is it predicted , does any one know?
So there will be a lame duck session where at our retrogression problem will be discussed again. And chances of passing a relief are tough.
What is economic recession's impact on retrogression when is it predicted , does any one know?
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gemini23
09-27 03:57 PM
got my receipts today.
Case Details:
i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
i-140 still pending at NSC.
Got the receipts for all 6 cases from lawyer today.
i-485 for me and my wife got transfered to TSC and pending.
Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
AP pending in TSC.
Case Details:
i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
i-140 still pending at NSC.
Got the receipts for all 6 cases from lawyer today.
i-485 for me and my wife got transfered to TSC and pending.
Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
AP pending in TSC.
guru76
11-18 05:15 PM
Sent
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simple1
05-02 01:04 AM
Families will never get separated. Please don't use emotional wordings without basis.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
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test101
07-06 08:53 PM
This might sound silly to you, but do not do July 21 . It's harry potter final book release no one will pay attention to your protest. I know this sound silly but usually on HP realse book that take all the media attention.
dotnetguru
08-18 06:19 PM
Ead renewal applied.paper filed at TSC.uscis received date is 07/03.my pd is eb3 jan 2007.EAD approved on 08/14. i still got for only 1 year and still lost one month on the ead.i am still using h1 and i waited for that 2 year ead announcement and i still got for 1 year.i filed 485 with old fees and now more money lost....i am so pissed off :mad:....is any one in the same boat...i do not know if any thing can be done at this point.....
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pathmaker
11-21 09:23 AM
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Sorry to hear this news , one of my friend has the same situvation. he went back to indian (chenni Appolo) 2 years back.
Here doctors told him all BS and he spent abt 50k out of his pocket on top the insurance (he work for IBM as Full time). he was told that 2 more months so he went back to india and his parents did giveup and they went to take a secound openion he is perfectly allright now he said he will never come back to usa (some unique bactiria causes some kind of cancer i have no clue about what he told me that time and i dont remember exactly contact him raviselvam@yahoo.com or raviselvam@yahoo.co.in if you cant get hold of him contact me bhimireddy@gmail.com i will try to reach him i should have his contact info. hopd you will recover soon
God bless you
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
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mahujam
08-05 12:36 PM
gccovet,
Was it a random lud ?
Did you have any pending applications like EAD/AP ?
What date did it happen ?
Was it a random lud ?
Did you have any pending applications like EAD/AP ?
What date did it happen ?
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shukla77
05-23 12:36 PM
sent emails to 10 senators
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dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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ksita48
11-18 10:46 AM
Sent to VA Representatives.
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manishs7
09-27 12:32 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..
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samrat_bhargava_vihari
06-14 03:50 PM
We filed our application on 5/31. Reached USCIS on 6/1.
Our attorney office informed us some of checks got cashed for some of us( whose 140 is pending not yet cashed) but still none of us received notice letter. Those who got early receipts may be lucky. But I think 3 weeks are reasonable. Since we are current for next month also we no need to be panic on receipts.
Our attorney office informed us some of checks got cashed for some of us( whose 140 is pending not yet cashed) but still none of us received notice letter. Those who got early receipts may be lucky. But I think 3 weeks are reasonable. Since we are current for next month also we no need to be panic on receipts.
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mirage
03-08 04:23 PM
You are in this society for 35 years, so I'm not sure what's your objective of being on this forum...Anyway about your observation on Visa spill over, what you are saying is 180 different tha what other lawyers are saying, they are saying until 2007 DOS was reading the law differently so India was getting the spillover Visas, now they have started reading it differently hence India is not getting more than 7% Visas now, it is very obvious, from EB-3 India being in Oct-2001 for last 2 years, and EB-2 haven't seen any substantial movement either....Also you seems to be straying from the original intent of the thread...Very well written. I can tell you through my observations of living in this society for 35 years:
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gmpa
07-20 08:23 AM
Count me in.
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iptel
12-10 10:13 PM
Beleive it or not I found this posting in http://www.steinreport.com/
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.
My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.
My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.
Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.
According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.
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BharatPremi
11-08 01:00 PM
When some one decides to apply AC21 by having an offer from another employer, it is not clear if one is required to inform USCIS about it. Some say one should, others say, not required. Has anyone seen any USCIS position on it? If not, perhaps we should make this as a question for next Ombudsman's conference call.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
Good suggestion for bringing this to Ombudsman. BUt anyway informing USCIS would be the wise step in a sense you will not invite unforseen problems may be associated with not informing.
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eb3_nepa
05-04 04:28 PM
Guys
These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.
We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.
Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.
Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?
These discussions about what you and i think about whether Bs or Ms is more important is totally pointless. First off this bill has yet to be brought up for discussion. Secondly any bill bringing any relief is good at this point in time.
We are arguing and debating endlessly about a bill that may never even see daylight. I think the more important thing to do is, try and get this bill to be brought up for discussion.
Simple example. If there are 20 people in the queue ahead of u and a the shopkeeper opens another fresh queue, whether ur part of queue 1 or queue 2 ur still looking at a smaller queue. Who is to say which queue will be longer? Do we have any stats that say out of the 300,000 legals waiting how may have and have not an advanced degree. For all you know the queue with Just the bachelors may end up being shorter. I am sure a LOT of us just on IV have come here on F1 and then went on to get H1s.
Lastly i have a question about SKIL. When you say people with advanced degrees will not be counted against the quota, what EXACTLY does that mean? Does it mean that ppl with advanced degrees who have Not been able to apply for 485 can now apply regardless of PD? OR does it mean that the PD still applies but people who have applied will move quicker as they are not counted against the quota?
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conundrum
02-02 02:01 PM
While I was in school I did hear about desi body shoppers, but never thought of using one. But it so happened, that I was offered a job with a company that makes defense stuff and they wanted to use my service since I had a specific set of skills. They couldn’t have anyone, other than a US citizen or PR, working on other premises as it was considered to be a secure zone. So these guys hired an office for me in the building next door to theirs and even lined up a desi consultant that the HR guys knew so that I could work for them as a consultant. I was working on my OPT initially and then got my H1 through the desi body shopper. As most desi body shoppers go, he started eating into what was paid for the hr that I put in. The company that wanted to hire me was even paying this desi guy to get my GC, but he made sure that he was doing it as slow as possible. Finally both the company and I got sick of the whole thing and I finally found a job where they were more than happy to sponsor my H1 and GC. The defense company that I worked for before at least until a couple of months back was checking up with me to find out if I had got the GC, I am sure now the situation would be different.
The point I was trying to make was, no one wants to use a body shopper if possible, but at times you are forced into a situation where that is the only option available. I am not asking anyone to empathize with people who are working for a body shopper who is fleecing them, but at the very least don’t condemn them.
You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.
The point I was trying to make was, no one wants to use a body shopper if possible, but at times you are forced into a situation where that is the only option available. I am not asking anyone to empathize with people who are working for a body shopper who is fleecing them, but at the very least don’t condemn them.
You're kidding right? No one I know has ever used a body shopper. It is only on forums like these that I hear about people who got H1Bs through a body shopper and are now complaining they don't get paid and wondering if they are in status.
PBECVictim
08-13 02:53 PM
Did you file I-140/I-485 concurrently. Where is employer's office location? and your residency?
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
I have filed I-140/I-485 concurrently on July 25th at Nebraska, my employer and my residence come under Texas Service centre according to new direct filing instructions.
Mine is Eb 3..was sent to Nebraska, got there July 2, signed by R. Michaels at 9 am...Transfered to Texas,Received July 6...They sent me the Notice of Action for my 140 but I don't know anything else and I also sent at the same time 485-765 for my whole family...
Saralayar
08-28 03:13 PM
Filed I485/EAD/AP on July 30th @ NSC.
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
There is no option to create another poll in the thread.
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
There is no option to create another poll in the thread.
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