sushilup
07-11 12:49 PM
issue one year EAD and milk more money
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
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qasleuth
05-26 05:50 PM
Clearly dude, you have no idea what you are talking about. we are not talking about a situation like what to do if a thug holds you at gunpoint and asked for money. we talking about a Govt rule or law. it's about what is right and what is wrong. The officer could throw a bad word at you like "i am pretty sure you are terrorist" which would be in our favor. worst case he would shoot me, but chances of that happening are next to zero.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
I want to remain silent, raise suspicion, make them scramble to find out who i am, make them feel like working hard only to find out that I have made a fool of them. That's the only way they would realize how stupid the rule is.
Just imagin that Sunday 1000 people had remained silent, they would have to call to their superiors for more officers, more cars, more laptops, documents, more running around, etc. That would have become an issue in the state senate where the budget is already tight, they are fighting for pennies and the nonsense border patrol has spent millions in a day to find NOTHING (because ALL illegals had escapped by saying one word "CITIZEN").
BUT... it needs guts to do that, not sure if you fall in that category.
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
StarSun
02-02 08:28 AM
Members who have pledged airline miles or stay in the registration form, please use this thread.
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vinzak
11-10 10:01 PM
I think is a great idea.
From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.
I would fully support such a measure and be willing to donate time and money for this.
I am sure various immi law associations would be willing to fight for this too.
From my understanding, there is a law on the books which isn't being implemented. It only follows that we go to court to ensure this law is implemented as written.
I would fully support such a measure and be willing to donate time and money for this.
I am sure various immi law associations would be willing to fight for this too.
more...
stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
HV000
03-18 03:33 PM
Now with April VB out. Any chance of EB2 India moving further another 2 years to DEC 2005 Before October 2008?? Are there a lot of EB2 - INDIA applicants between DEC 03 - DEC 05??
more...
sunny1000
07-24 11:26 PM
The below is the answer I got from my attorney.
"You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."
"You are right in stating there should be a employer letter, which would be required if we are filing the I-485 with an approved I-140. It would not be required if it is filed currently with the I-140, which is submitted with the employer letter."
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GCBy3000
07-24 12:01 PM
You signature with "Saved by IVs efforts" looks good. Could you update your signature with contributions also. Thanks.
I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..
I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..
more...
bigboy007
06-11 12:20 PM
Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
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vin13
03-09 12:59 PM
Please do not start the may prediction right now. :rolleyes:
more...
pappu
12-14 10:54 PM
Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.
Thanks,
Varsha
Thank you for organizing the conference call. It is sad to know that only one another member attended the call. All if we do not participate actively in the state chapter activities we will only be hurting our chances for the bill next year. It is every easy to write long posts and several posts on the IV forum about ideas and thoughts but all this does not really help. What helps is the real work -- Meeting lawmakers. Forum is just a tool for us to communicate and share views. Pls all actively take part in chapter activities and attend the next conference call.
Thanks,
Varsha
Thank you for organizing the conference call. It is sad to know that only one another member attended the call. All if we do not participate actively in the state chapter activities we will only be hurting our chances for the bill next year. It is every easy to write long posts and several posts on the IV forum about ideas and thoughts but all this does not really help. What helps is the real work -- Meeting lawmakers. Forum is just a tool for us to communicate and share views. Pls all actively take part in chapter activities and attend the next conference call.
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gc_on_demand
05-06 03:30 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
what are the next steps?
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
more...
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signifer123
02-15 08:44 AM
Glad i already have an idea of how i'm gonna do it maybe later i'll start on it and give you guys a quick pic if grinch doesn't
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coopheal
03-20 08:43 AM
I agree with you man. These screwed up desi consulting firms sell LCs like it is walmart. And people who work for them don't care about the position offered or their qualifications. They just want to have multiple LCs and I-140s and then cut the line when it is convenient.
Don�t do character assassination of EB3 applicants. EB3s who now have qualifications/job for EB2 should definitely try to convert over to EB2. EB3s don�t listen to people like these. It�s the same mentality which opposes eliminating country limits; more over its same mentality which opposes EB reforms. Grow up��
Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.
Don�t do character assassination of EB3 applicants. EB3s who now have qualifications/job for EB2 should definitely try to convert over to EB2. EB3s don�t listen to people like these. It�s the same mentality which opposes eliminating country limits; more over its same mentality which opposes EB reforms. Grow up��
Trying to stop an EB3 person who spent more time than you in GC queue and has qualification for EB2 is just insane.
more...
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immi_seeker
07-13 11:26 AM
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
But where are we getting these numbers like say 20k visas are available for EB2..
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
But where are we getting these numbers like say 20k visas are available for EB2..
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drirshad
03-09 10:11 PM
Ron Gotcher says, following him for years gotta believe him now .........
http://www.immigration-information.com/forums/showthread.php?t=7501
Based on this information, it appears that the CIS really is adjudicating cases at a faster pace. If so, then this is unprecedented. My take on this is that the CIS is concentrating on EB3 cases, since that is where the demand seems to be. Notice that Paragraph F mentions the possibility of rapid movement in other categories. Since first preference is always "current" for everyone, that only leaves second preference for India and China.
E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
http://www.immigration-information.com/forums/showthread.php?t=7501
Based on this information, it appears that the CIS really is adjudicating cases at a faster pace. If so, then this is unprecedented. My take on this is that the CIS is concentrating on EB3 cases, since that is where the demand seems to be. Notice that Paragraph F mentions the possibility of rapid movement in other categories. Since first preference is always "current" for everyone, that only leaves second preference for India and China.
E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
more...
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redgreen
08-10 08:47 PM
so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
Good point. But there should be no holy cows where justice is concerned
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
Good point. But there should be no holy cows where justice is concerned
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at0474
12-22 12:24 AM
lazycis,
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
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anurakt
01-16 09:13 PM
If you remember that I had pledged $1000 in last 20$ campaign and you guys could only shell out $500 out of me...which means that I still have a block of $500 which was not spent for IV in the past. Here is my next pledge :
" I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"
Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.
Can anyone tomm morning give me an update on where we are at from my pledge point of view !!
Come on guys make me poorer by another $500 if you have *****.
" I will donate a lumpsum amount of $500 when we have the following level of monthly contribution and verified by IV core members :
200 members for 20$ and 100 members for $50 and 20 members for $100 , there is no date restriction attached this time , but I hope that it's done in this month, I call upon the members who can take this challenge and take that $500 from my pocket this time"
Note : Kvrr has signed for $100 and I will sign up for another $100 , which means we have only 18 members to go for $100 monthly to finish one piece of my pledge.
Can anyone tomm morning give me an update on where we are at from my pledge point of view !!
Come on guys make me poorer by another $500 if you have *****.
rkay
05-23 02:08 PM
MBA is not for everyone and in addition, an Online MBA doesn't have any value. MBA is not the same thing as learning cntrl C and cntrl V and then working for a shady desi consultant.
All these years in US, getgreensoon1's expertise in IT ?
cntrl C and cntrl V !
All these years in US, getgreensoon1's expertise in IT ?
cntrl C and cntrl V !
prinive
02-20 04:27 PM
EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...
Here is Mr. Gotcher's perspective on EB3 movement ...
In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?
I doubt very much that we will see any EB3 cutoff date movement until October.
James Ronald Gotcher
Here is Mr. Gotcher's perspective on EB3 movement ...
In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?
I doubt very much that we will see any EB3 cutoff date movement until October.
James Ronald Gotcher
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