spatial
08-20 07:31 PM
Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:
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wizkid732
08-13 07:59 AM
15 years (Aug 11th), 2 days and counting .... All in US Came for masters in 1995
:D
Lets find out who waited the longest, and felicitate him/her.
I found 3 umar kaidis. (14 yrs is a life term in indian penal system).
Who is the senior most of these 3?
:D
Lets find out who waited the longest, and felicitate him/her.
I found 3 umar kaidis. (14 yrs is a life term in indian penal system).
Who is the senior most of these 3?
dontcareanymore
01-09 04:32 PM
Counting time after I140 approval towards citizenship proposal is already on our table for things to consider as a campaign. For Campaigns like this, we will need massive support than what we currently have. Even recent greencard holders can benefit from it.
So the first step before we undertake any big project is to get more membership base.
So let us first figure out ways in which we can get more people involved on IV. Without massive participation no campaign, letter/lobby/phonecall etc will work. We need to really go out of our way and spread the word around so that everyone that is stuck in this immigration mess can join this movement.
I know IV is just for employment based, but I believe other categories of people also are victims of "Adjustment Of Status" delays and they will and can benefit from this proposal. I guess a broad based coalition is possible. There are people with political muscle that benefit from this development (Latino Votes).
Is it a good idea to reach out to other immigrant groups ?
Just my 2 cents.
So the first step before we undertake any big project is to get more membership base.
So let us first figure out ways in which we can get more people involved on IV. Without massive participation no campaign, letter/lobby/phonecall etc will work. We need to really go out of our way and spread the word around so that everyone that is stuck in this immigration mess can join this movement.
I know IV is just for employment based, but I believe other categories of people also are victims of "Adjustment Of Status" delays and they will and can benefit from this proposal. I guess a broad based coalition is possible. There are people with political muscle that benefit from this development (Latino Votes).
Is it a good idea to reach out to other immigrant groups ?
Just my 2 cents.
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sunty
09-23 04:28 PM
Whats also surprising is that number of pending EB1(India) applications is far less than expected. That would definately help EB2(India) in the spill-over (quarterly or yearly)
more...
acecupid
08-11 06:31 PM
Great analogy willwin, I agree with you completely! I hope people start being mature and quit their selfish motives.
Please wait for few months; let me complete porting my PD to EB2. LOL ....
If you don't realize, this is what is happening in the GC queue system and I will try to explain using an analogy.
There are 3 queues to a single counter that issues work permit.
First queue, for age group 20-30 (EB3) and slowest to get a work permit
Second, age group 31-40 (EB2) faster than EB3
Third, age group 41-50 (EB1), fast lane.
Now, on Jan 1 2000, X who is 21 years old joins the EB3 queue. There are 10 people on EB2 queue on this day. EB3 queue is hardly moving and X remains in the queue for 10 solid years. He is now 31. It is 2010.
The EB2 queue now has 100 people and our 100th person in the queue is SS and 35 years old.
The system allows X to join EB2 as he has turned 31 and also allows him to join behind the 10th person who was there on the EB2 queue as on Jan 1 2000 (if he was still there or be the 1st guy in the queue if the 10th person has already left the EB2 queue) as that was how many people were in the EB2 queue when X came in to this system.
Now SS cannot tolerate this for 2 reasons. One X came from EB3 (an inferior group per him) and next, X is 4 years younger and hence cannot get work permit ahead of him. He does not realize that he did not come in to the system when X came though he was senior and superior.
The system does not see that way. X was in the system for 10 years and he should be given priority in the system valuing the 10 years wait - irrespective of the queue he is in.
In other words, his queue might change but not his association with the system which is 10 years.
Now there could be people who show bogus age certificate and change queues. They have to be punished but not the system.
You don't set your house on fire just to kill few mosquitoes in there.
If you still don't agree, SunnySurya, good luck with your law suit! After all every human being commit mistakes in their life and is your turn now.
Please wait for few months; let me complete porting my PD to EB2. LOL ....
If you don't realize, this is what is happening in the GC queue system and I will try to explain using an analogy.
There are 3 queues to a single counter that issues work permit.
First queue, for age group 20-30 (EB3) and slowest to get a work permit
Second, age group 31-40 (EB2) faster than EB3
Third, age group 41-50 (EB1), fast lane.
Now, on Jan 1 2000, X who is 21 years old joins the EB3 queue. There are 10 people on EB2 queue on this day. EB3 queue is hardly moving and X remains in the queue for 10 solid years. He is now 31. It is 2010.
The EB2 queue now has 100 people and our 100th person in the queue is SS and 35 years old.
The system allows X to join EB2 as he has turned 31 and also allows him to join behind the 10th person who was there on the EB2 queue as on Jan 1 2000 (if he was still there or be the 1st guy in the queue if the 10th person has already left the EB2 queue) as that was how many people were in the EB2 queue when X came in to this system.
Now SS cannot tolerate this for 2 reasons. One X came from EB3 (an inferior group per him) and next, X is 4 years younger and hence cannot get work permit ahead of him. He does not realize that he did not come in to the system when X came though he was senior and superior.
The system does not see that way. X was in the system for 10 years and he should be given priority in the system valuing the 10 years wait - irrespective of the queue he is in.
In other words, his queue might change but not his association with the system which is 10 years.
Now there could be people who show bogus age certificate and change queues. They have to be punished but not the system.
You don't set your house on fire just to kill few mosquitoes in there.
If you still don't agree, SunnySurya, good luck with your law suit! After all every human being commit mistakes in their life and is your turn now.
fatjoe
10-22 04:12 PM
Mine is at TSC. PD: July 04. RD: Aug 17, 2007. ND: Oct 15, 2007. What is your RD and ND?
I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
Anyhow, I have tried all that I could, and now I leave it to the Almighty.
I have a feeling that the IO might look at the applications received on Aug 17, 2007, only at last. Its because, when I went for infopass, the IO said that, "You have filed on the last date, so you will have to wait".
Anyhow, I have tried all that I could, and now I leave it to the Almighty.
more...
nish
06-12 06:36 PM
Thanks for your reply.
They have not specified anything like my prior company is fake in any of the communication email.They are asking me come back because they find something wrong about my prior company after four year and i am not able to provide more evidence.During four year i worked in 10 to 15 project for diff client and for each project first they did BG and put me in project.Now they are asking me that provide some more evidence or come back to offshore.
I know if i come back to india they will give me layoff from company.In this situation how do i fight with my company.
Please any of guide me if any of member come across in this situation
They have not specified anything like my prior company is fake in any of the communication email.They are asking me come back because they find something wrong about my prior company after four year and i am not able to provide more evidence.During four year i worked in 10 to 15 project for diff client and for each project first they did BG and put me in project.Now they are asking me that provide some more evidence or come back to offshore.
I know if i come back to india they will give me layoff from company.In this situation how do i fight with my company.
Please any of guide me if any of member come across in this situation
2010 2011 Andy Murray and his
srikondoji
07-11 08:03 AM
Losks like IANS also picked up story which is re-published by the following website.
http://www.indianmuslims.info/news/2007/jul/10/gandhigiri_indian_green_card_seekers_us.html
Also the flower campaign news item has a link on the main/front page of washingtonpost now.
http://www.indianmuslims.info/news/2007/jul/10/gandhigiri_indian_green_card_seekers_us.html
Also the flower campaign news item has a link on the main/front page of washingtonpost now.
more...
gc_chahiye
07-09 07:06 PM
we should probably say that we like the idea that flowers are being forwarded to injured members of the armed forces. We would however request Mr Gonzalez to accept the messages that we are sending with the flowers, as those messages are meant for HIM.
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GCNeophyte
09-08 11:28 PM
Got CPO email this afternoon. I did not get any other emails (like welcome or decision emails) before this email. Is that normal to send the CPO email before sending the decision notice email?
Thanks,
Tempy
Congratulations..
Yes, it is normal , you will receive welcome letter in USPS mail not email in next couple of days and then GC.
Enjoy
Thanks,
Tempy
Congratulations..
Yes, it is normal , you will receive welcome letter in USPS mail not email in next couple of days and then GC.
Enjoy
more...
chanduv23
11-12 12:25 PM
got a reply from ombudsman....iam sure others got this too...
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
Please work with pd_recapturing on this. He is communicating with folks whose 485 has been denied erroneously and those who are willing to give their details.
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.
If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.
Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.
Thank you for your cooperation.
Please work with pd_recapturing on this. He is communicating with folks whose 485 has been denied erroneously and those who are willing to give their details.
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pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
more...
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caliguy
10-05 09:31 PM
@ SOP
Good to see your persistence paid off and the pain and agony of waiting every day is over for you. Go out and enjoy the freedom.
Can POJ be only be used for cases that were seperated? Last time, I used the POJ method, the IO told me to talk to the CSR and he refused to give me the status of my case.
Congrats again!!!
Good to see your persistence paid off and the pain and agony of waiting every day is over for you. Go out and enjoy the freedom.
Can POJ be only be used for cases that were seperated? Last time, I used the POJ method, the IO told me to talk to the CSR and he refused to give me the status of my case.
Congrats again!!!
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ItIsNotFunny
01-15 01:27 PM
IV members, Please go to chnage.gov and vote for my idea. No one has gone and voted up for this yet. Wakeup please. Go and vote for a good cause.
I thinks its a better idea to post URL for your idea.
I thinks its a better idea to post URL for your idea.
more...
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jonty_11
06-29 03:59 PM
if this rumor is true....then DAMN this GC.....!!!!!!!!!!!
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vbkris77
09-23 07:32 PM
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
I agree that it should be current. But knowing CIS ability to process, Shouldn't we ask DoS to move date of EB2 and make them current. So that the CIS will not waste them. They wasted earlier, So they can do it again.
It takes an year if not 2 for them to clear the new I485s. I don't anticipate many. But there will be some..
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
I agree that it should be current. But knowing CIS ability to process, Shouldn't we ask DoS to move date of EB2 and make them current. So that the CIS will not waste them. They wasted earlier, So they can do it again.
It takes an year if not 2 for them to clear the new I485s. I don't anticipate many. But there will be some..
more...
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vxg
06-20 10:49 PM
Folks,
My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?
My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?
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jonty_11
06-29 05:45 PM
Conspiracy? DOS is part of bush administration. And since the president is dissapointed because of CIR. He wants a back lash from immigrant community?
This cud be sooo true...thats how these cronies are exactly.....!!
This cud be sooo true...thats how these cronies are exactly.....!!
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VMH_GC
06-29 08:21 PM
if July bulletin is revised on say July2nd or 3rd, What about the cases filed on July 2nd, will it be rejected?
gc_hopful
05-25 09:22 PM
GCWaiter03 - Thanks for very much.
Can she go back immediately after filing I-485 to come back in August.
gc_hopful
Can she go back immediately after filing I-485 to come back in August.
gc_hopful
snathan
08-26 05:54 PM
Why do vonage CS act weird when customers cancel?
They think if you are put in line for couple of hours...you would give up and will continue the service. But its back firing. Very bad strategy.
They think if you are put in line for couple of hours...you would give up and will continue the service. But its back firing. Very bad strategy.
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