bala50
04-30 04:07 PM
Whatever question you ask -- they will blame it on the summer 2007 surge.
Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
Summary - "Dont expect any improvemnt in USCIS processing for atleast the next two years " -- Mr. Aytes
hmmmm.. they ran out of questions. We should have supplied them with the questions and they would have had to stay up all night just to get through the question we can come up in 1 hr!!!!!
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meridiani.planum
12-11 01:04 PM
Pardon my ignorance.... Can you enlighten me as how Vertical and Horizontal spillover works ? What exactly happens in Vertical spillover and how is it different from horizontal.
horizonal is unused visa's from a category flow down to other categories this way:
EB2 ROW -> EB2India + EB2China -> EB3 ROW -> EB3 I+C, or
EB2 ROW -> EB2India + EB2China -> EB3 (ROW+I+C)
there is some controversity about the last one, some people believe it flows through EB3 ROW and comes down, others say EB3 is all treated equal. Based on data in the past (the fact that EB3 India got tens of thousnads of approvals in 05 and 06 even though EB3-ROW was retrogressed, means its mostly the latter (EB3 (ROW+I+C))
vertical is:
EB2 ROW -> EB3 ROW -> EB2India+EB2China -> EB3India+EB3China
horizonal is unused visa's from a category flow down to other categories this way:
EB2 ROW -> EB2India + EB2China -> EB3 ROW -> EB3 I+C, or
EB2 ROW -> EB2India + EB2China -> EB3 (ROW+I+C)
there is some controversity about the last one, some people believe it flows through EB3 ROW and comes down, others say EB3 is all treated equal. Based on data in the past (the fact that EB3 India got tens of thousnads of approvals in 05 and 06 even though EB3-ROW was retrogressed, means its mostly the latter (EB3 (ROW+I+C))
vertical is:
EB2 ROW -> EB3 ROW -> EB2India+EB2China -> EB3India+EB3China
485Mbe4001
06-10 12:32 PM
From Ron Gotchers site:-
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(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), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(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), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
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losthope
06-11 01:07 AM
packing the bag and back to home will be great! If we wait the way there are predicting it may not be worth!! because your may get a green card in 1....n years but the time you have spent can't be rewind for the things you have planned for previous years to implement. Since the back home economy is getting better we may be able to add our effort to take it to next level and make the maximum of this time.
more...
mashu
07-10 08:18 PM
Hello,
EB3
I 140 PP approved
I485 FedExed overnight, reached USCIS at 1am on July 2 (according to my lawyer)
I am in Northern San Diego county, I am in!
EB3
I 140 PP approved
I485 FedExed overnight, reached USCIS at 1am on July 2 (according to my lawyer)
I am in Northern San Diego county, I am in!
gonecrazyonh4
04-25 08:52 PM
We stood in the backlog queue. 3 years. 4 years. Now, we are standing in the I-485 adjustment of status (to apply) queue.
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
Neither the USCIS nor anyone else have real hard numbers of how many are in each in queue. So, what makes you think that you will NOT be stranded again, like us, in the latter queue. Let me tell you; things are not pretty. PERM has eased or will ease LCs and backlogs. The attempt at IV will help folks affected by retrogression take less years to apply for I-485.
I dont expect the wait to be any less longer .. But I would surely welcome priority date being based on H1 start date as it would be more fair method
more...
EndlessWait
12-15 09:29 PM
its been stuck at 2001 for so many years , except for 2007 july bulletin fiasco.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
with the way things are , it can take 10 more years for EB3 to even get to 2005. Lets try and push for something which works in this country.
Buy a house get a GC! rule for EB applicants.
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eb3_nepa
07-14 05:42 PM
Go to TOP
Hey kevin can you please update your signature to reflect that you contributed towards this campaign and add the link to this thread to your signature.
Hey kevin can you please update your signature to reflect that you contributed towards this campaign and add the link to this thread to your signature.
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Ramba
10-21 06:18 PM
Thanks Ramba for your insights.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
Whatever the reasons - its apparent USCIS is not following the AC21 regulations and it is not fair. I believe, AC21 regulations are made with an objective of improving immigration rules for 21st century (and thus the name American Competetiveness for 21st century) and provide some mobility for the applicants while their GC applications are pending. The delay in application processing is still relevant (actually its more severe) - irrespective of whether its caused by processing or because of lack of visa numbers. AC21 regulations never mentioned about the origin of delay or the longivity of applicant with original company. Changing interpretation of a rule they made, that too without notice is unfair and maybe even unlawful.
So far I was thinking that its a case of misinformed IO rejecting I485 once they see a I140 revocation. But rejecting MTR on the grounds that employee has left the company on his/her own and so does not have intent of continuing in the job is just plain twisting of their own rules. And we need a much bigger effort - if its a case of a few misinformed USCIS employees incorrectly rejecting I485 - then it could have been fixed with a low key effort that we are doing. We are seeing more rejections based on unknown "interpretations" - and even MTR getting rejected - it kind of gives a feeling that they have a bigger agenda here and we need to fight on a bigger scale.
If a guy lawfully changed the job after 180 days of 485 filing, it is remain valid even if employer revokes already approved 140. Only solution to overcome this MTR, is taking this to court. In the case of dispute between employee and employer regarding "intent", the employee will have more leverage if he had a considerable period of employment relationship sponsor.
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Milind123
09-14 07:56 PM
Lets have a quick penultimate round. New contributors have, so far, not let us down. They have stepped forward in each and every round and made it a success. They have taken the most difficult step; contribute for the first time. I know, I was there once. Kudos to them.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
In this round could I have support from three existing contributors to quickly finish this round. May I have some pledges please? I would like to fire the third round. BTW this pistol has seven shots. Once we finish this round we will move to the last round and it has 14 shots. 21 shots in total.
These 2 rounds is specially dedicates to the core team members; without them there won�t be any shots fired here. Without them Sept18th would be just one ordinary day on the calendar. They have given us a chance to remember Sep18th forever, no matter what the results are after that day. For me personally, Sept 18th will be a defining moment. So lets give a deserving 21 Gun salute to the core team.
We just need three people who have never contributed before.
more...
Green.Tech
06-11 12:11 PM
Let's see who the first HERO will be to break the pattern of 2 days of zero contributions...
Bump...waiting for a HERO.
Bump...waiting for a HERO.
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newtoearth
08-23 10:05 AM
Eligibility Criteria
Sub-Categories
Description
Evidence
Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must meet at least three of the criteria below.*
National Interest Waiver
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.
* Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
Sub-Categories
Description
Evidence
Advanced Degree
The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
You must meet at least three of the criteria below.*
National Interest Waiver
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.
You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.
* Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
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mirage
08-28 09:35 PM
bump
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thomachan72
04-10 12:53 PM
min contribution required is $25 per month
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
Hi Pappu,
I just joined the 12 mth subscription of $25. Please enroll me into the donor forum. Thanks
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satyasaich
07-15 11:31 PM
Dear friends
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
"Drop and Drop makes an Ocean"
I pledged earlier that i will send another $50 today if the total reaches $2000.
Here is the deal: Just add another $100 and i will make it to $2000.
Still we have time for today. Any takers ????
I'm not a high salary guy nor an $100/hour consultant. I'm just like so many of you, need to support the family as well.But just consider the selfless efforts of IV for all of us. please try to contribute as much as you can, of course this is just a request only.
Satya
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Bpositive
06-24 11:10 AM
Constraints to doing work to your fullest potential, negatively impacts the individual and the society which he/she is part of...so personal loss is loss for the society...
And of course, the longer term impact is that the US won't attract the best talent...
And of course, the longer term impact is that the US won't attract the best talent...
more...
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zoooom
08-19 03:14 AM
Bump
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ilikekilo
04-30 05:09 PM
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
how do u know if someone gives u red?
how do u know if someone gives u red?
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rameshavula
01-12 03:59 PM
EB3 RIR, Pennsylvania
Sep, 2004
Sep, 2004
WAIT_FOR_EVER_GC
09-05 11:22 PM
I missed the boat in 2007. I think the bigger point here is that people vent their frustration of their GC journey only in a blog hiding their identity. When it comes to real work of meeting people, most hide under their bed..
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think even if the July fiasco wouldn't have happened we would have been in the same situation. Who would want to leave this country and go back. Many people who have applied in EB3 in 2004 -2006 know that they are stuck for another 6 - 15 years but they are still willing to wait.
If the July 2007 fiasco hadn't happened, we wouldn't have had this mess. Most waiting on GC would have quit and gone home making the line shorter :rolleyes:
(The last line is sarcastic)
I think even if the July fiasco wouldn't have happened we would have been in the same situation. Who would want to leave this country and go back. Many people who have applied in EB3 in 2004 -2006 know that they are stuck for another 6 - 15 years but they are still willing to wait.
vvicky72
07-11 10:07 AM
I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
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