desi3933
03-10 03:22 PM
I hope I have answered your question (in red). :)
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
>> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.
Thanks MDix.
You have no idea. Have a good day, sir!
______________________
US citizen of Indian origin
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mirage
03-17 12:26 PM
As far as I know there are atleast 5-6K applicants waiting with PDs before Dec-2003. Considering 3 visas used for each applicant. There'll be a requirement of atleast 15-20K Green Card numbers for Indian EB3 to clear people up to Dec'2003. While EB3 gets a maximum of 3K/Year. My guess is it'll take 5-6 Years to get the EB3 to Dec'2003.
If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.
If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.
rajuseattle
07-15 07:14 PM
Thakurji,
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
2011 by Don Ed Hardy
slowwin
06-16 01:06 PM
what happened with this amdt. Did it fail or pass ?:confused:
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royus77
06-22 04:00 PM
correct me if i'm wrong , but you can get 140 approval notice requesting thru' FOI Act don't u ...
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient
so after 6 months of filing 485 ( given that u have the receipt notice ) u r pretty much free to take your process with u.
You wont get the copy of I 140 using FOI act ( its a company document) unless your employer/Attorney is willing to share with you.You dont require copy of I 140 to move after 6 months using AC21 . All you need to know that you are moving to a similar position .for that a copy of your approved LC is sufficient
pappu
07-05 03:45 PM
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
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gcbeku
08-10 03:35 PM
I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.
While porting is still an option, it is in EB3 filers' interest to push forward on this idea.
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
While porting is still an option, it is in EB3 filers' interest to push forward on this idea.
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
2010 Don Ed Hardy is known for
Buran
02-15 01:09 PM
Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.
I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.
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alex99
10-28 06:46 PM
Please participate in the Poll
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luckylavs
04-10 06:20 PM
Any idea//
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sbindval
06-13 09:49 AM
Please check this out...might give you guys some hope and laughter :)
immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)
immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)
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santb1975
07-01 09:42 PM
We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.
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vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
tattoo Don EdHardy#39;s well-known
reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
more...
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vansree
07-13 06:29 PM
I talked to her related my case complexity - Border revoking my visa - She just wants money. She cannot provide any clear details, any expectations.
Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.
She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...
if it is trouble some, she wont even reply!
Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.
She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...
if it is trouble some, she wont even reply!
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GCKaIntezar
01-30 03:17 PM
I agree with you. No images, KISS.
Do we need images? Can't we just have text on a yellow paper with appropriate text highlighted? We want to emphasize on the text. Not sure what value add an image can have unless we have someone standing in a line outside a gc office with window and we could put something like .. another 5 years... The images has to be in sync with the text. I am not for putting a picture of the capitol hill so much. We have to emphasize on the problem. This is just my opinion.
Thanks,
Varsha
Do we need images? Can't we just have text on a yellow paper with appropriate text highlighted? We want to emphasize on the text. Not sure what value add an image can have unless we have someone standing in a line outside a gc office with window and we could put something like .. another 5 years... The images has to be in sync with the text. I am not for putting a picture of the capitol hill so much. We have to emphasize on the problem. This is just my opinion.
Thanks,
Varsha
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makeup for an Art Show or perhaps
sroyc
02-14 09:57 PM
The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?
That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.
It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.
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pappu
12-13 01:12 PM
Pappu has doused the fire..:(
Thanks for understanding. sorry though for disappointing you.
I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.
Thanks for understanding. sorry though for disappointing you.
I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.
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pappu
01-17 11:19 AM
/\/\/\/
bumping up the thread since this is the most crtical thing for us to achieve at this time so that we can put more resources at work in the coming months. As everyone could see on this thread, only few members have signed up for recurring contributions. We sent emails to all 8000+ members and the emails are still bouncing. Members have put fake email addresses. Despite repeated requests members have not updated their profile. In future when we send out updates by email or phone, such members will not get any updates too.
Since yesterday more than 2000 members have visited IV site and read this thread. We did not even get 1/100th of members signing up for this and contributing as little as $20.
Is this your commitment to the cause?
bumping up the thread since this is the most crtical thing for us to achieve at this time so that we can put more resources at work in the coming months. As everyone could see on this thread, only few members have signed up for recurring contributions. We sent emails to all 8000+ members and the emails are still bouncing. Members have put fake email addresses. Despite repeated requests members have not updated their profile. In future when we send out updates by email or phone, such members will not get any updates too.
Since yesterday more than 2000 members have visited IV site and read this thread. We did not even get 1/100th of members signing up for this and contributing as little as $20.
Is this your commitment to the cause?
chanduv23
09-26 12:13 PM
Excellent team work IV - now lets all thank her for changing making the correction.
shantak
03-17 11:24 AM
PD: March 2005
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
India
I140 approved
No FP yet
I-485 July
EAD and FP approved
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