immique
07-16 12:33 AM
I think EB2 India may be retrogressed only for the month of September as most of the visas will be used in August itself. The dates will rapidly advance once again with the new quota in October. I think it is very likely that EB2 will be compensated with the number of visas that were improperly given to EB3 last year. So I expect EB2 to receive those extra visas from EB3 quota next year as DOS will try to compensate retrogressed countries in EB2 for the mistake that they made last year. If this happens, EB2 may become current very soon.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
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green_card
07-13 12:34 PM
along with all the great work being done by IV, I have to admit, the one annoying thing that we have to contend with is the wild speculative rumors that spread like wildfire... can people please stop spreading these and just wait a few hours for the announcement....
nogc_noproblem
04-23 12:12 PM
The original title was reading like "I485 Rejected because of AC21", it got changed later on by the thread owner.
Somebody has given Red for my earlier post with comment "moron", guess who the actual moron is.. ha ha ha. Grow-up dude!!!
Somebody has given Red for my earlier post with comment "moron", guess who the actual moron is.. ha ha ha. Grow-up dude!!!
2011 of one dollar bills.
EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
more...
eb3retro
09-23 10:46 PM
Centre: Nebraska
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
bkam
04-13 09:58 PM
By the way, friends, I stay behind my words. Last year my family and I started working on "plan B" and when time comes, we will move out of the US after 6-7 years chasing of a mirage. Of course, if the GC mess here miraculously improves we would stay but I must be crazy to really believe that.
Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.
Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)
Anyhow, everyone has to choose individually to stay and wait or to "vote with the feet". We all know it is a tough and painful decision but for me this is like a rotten tooth - the sooner you get rid of it, the better. Just my way of thinking.
Our "flirt" with the US immigration system resembles very much the unshared love - you love a girl and do everything for her but she is a spoiled bitch and just plays with you. Some people will never stop circle around this girl but other will finally get pissed off, will say the f-word and will move with their lives. Suddenly these people will discover that there are lots of other girls, honest and thrustforthy, who deserved to be loved. Voting with the feet... :-)
more...
champu
03-12 07:08 PM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
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gcnirvana
05-30 01:25 PM
call ur airport, I remember a friend got his I94 extended based on new I797 at the airport.
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
more...
h1techSlave
04-07 11:04 AM
My suggestion is that we write to the senators and to the USCIS chief.
Good Points. I also brought this up in one of the threads earlier. What are we going to do to atleast make sure, Visa numbers dont go waste this year as well.
Good Points. I also brought this up in one of the threads earlier. What are we going to do to atleast make sure, Visa numbers dont go waste this year as well.
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wellwishergc
12-11 12:46 PM
The way I see it, this is a step towards getting more revenues for USCIS. With the elimination of concurrent filing, USCIS is expecting more applications for I-140 premium processing, which will lead to additional revenues.
They are going in the opposite direction, looks like our efforts have angered them more than anything else.
They are going in the opposite direction, looks like our efforts have angered them more than anything else.
more...
gc_check
11-16 06:47 AM
Well, first it was Consulting Vs Permanent, then EB2 V EB3 --> This was getting ugly when EB2 was moving fast, before the sudden pause and then USCIS announced no more movement or less than 2 week movement for every VB, and not "A Quota for US Master's or Higher" --> Well they are too many Ph.D's still waiting in line @ EB2-- not all qualify for EB1.. so chances are slim.. if you are from a retro county...
Only solution for this mess, that got created due to slow processing, erroneous VB on July '07, though helped many here with EAD, Labor substitution that used to exists, different processing center, RIR / non-RIR, different order for spill over from previous years and all ..is RECAPTURE of unused Visa and regulating the future process so new applicants does not have to go through the same mess we are going through..
Not sure.. We have been talking about RECAPTURE for many years now, but none happened until now... though we have tried again and again... may be very soon we can get out voice heard..
You can post any number of ideas in forum's.. but it is all easy said than done.. Think we need more focus and try hard to get one issue addressed at a time. A quota for Master's will not get you much ahead in the queue as there are too many "Master's" already waiting in the queue.. It is just my opinion.
Only solution for this mess, that got created due to slow processing, erroneous VB on July '07, though helped many here with EAD, Labor substitution that used to exists, different processing center, RIR / non-RIR, different order for spill over from previous years and all ..is RECAPTURE of unused Visa and regulating the future process so new applicants does not have to go through the same mess we are going through..
Not sure.. We have been talking about RECAPTURE for many years now, but none happened until now... though we have tried again and again... may be very soon we can get out voice heard..
You can post any number of ideas in forum's.. but it is all easy said than done.. Think we need more focus and try hard to get one issue addressed at a time. A quota for Master's will not get you much ahead in the queue as there are too many "Master's" already waiting in the queue.. It is just my opinion.
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jsb
10-15 10:55 AM
Thread is for November bulletin, and I find discussion on houses !!
more...
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diptam
08-07 08:14 PM
Yes guys take this route .... Another workaround i used for getting H1B extension approval paper... I told Desi employer that my state requires H1 797 form to change the Drivers License... Lot of states do need that so i used that to get that.
You have to be tactical while dealing with Desi Employers !!
Curios, is your employer desi. Wait for sometime, tell him that you need to go to your home country and need receipt notice to use your AP in return. Catch is you have to use your EAD & AP after return.
You have to be tactical while dealing with Desi Employers !!
Curios, is your employer desi. Wait for sometime, tell him that you need to go to your home country and need receipt notice to use your AP in return. Catch is you have to use your EAD & AP after return.
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santb1975
12-09 12:16 AM
and 2 years exp. listed. Why does EB2 require 5 years?. The Job description that was included during my LC had masters plus 2 years exp DOL audits have increased for small companies for sure
more...
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sk2006
05-01 12:15 PM
Not sure if anyone experienced this, but on 2 computers this site, antivirus software detected a virus & my work PC (protected with McAfee) is not booting up, IT said my hard drive has been corrupted. My laptop survived with a freeware anti virus. Please don't give me reds, this is what happened to me, I just wanted to warn any unprotected members of IV.
Stop using Windows.
As long as windows are there, problems will be there...
I use Ubuntu and boot Windows only when I have to use something which can only be run on windows.
Stop using Windows.
As long as windows are there, problems will be there...
I use Ubuntu and boot Windows only when I have to use something which can only be run on windows.
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eb3retro
09-23 10:46 PM
Centre: Nebraska
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
more...
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pagalForGC
06-30 04:47 PM
Thanks Ivar for your reply.
Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.
Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.
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paryaniafroze
03-26 01:22 PM
Hi,
My mom is going for the Tourist Visa to Chennai on 31st Mar, 2008. I am in US presently and my brother could able to arrange for the birth certificate. A big blunder, my mom name is blank in the birth certificate as they have prepared the BC keeping in mind my SSC (10th Certificate which doesn't have mom's name, ofcourse). Whether an affidavit from my mom + the birth certificate without my mom name in it, will solve my problem?
My name as per passport First Name: Afroze Last Name : Mohammed
As per the BC certificate Name: Mohd Afroze ( As per 10th Std spellings), whether it will create any problem?
Please suggest me 31st March is approaching .................
Thanks,
Afroze
My mom is going for the Tourist Visa to Chennai on 31st Mar, 2008. I am in US presently and my brother could able to arrange for the birth certificate. A big blunder, my mom name is blank in the birth certificate as they have prepared the BC keeping in mind my SSC (10th Certificate which doesn't have mom's name, ofcourse). Whether an affidavit from my mom + the birth certificate without my mom name in it, will solve my problem?
My name as per passport First Name: Afroze Last Name : Mohammed
As per the BC certificate Name: Mohd Afroze ( As per 10th Std spellings), whether it will create any problem?
Please suggest me 31st March is approaching .................
Thanks,
Afroze
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walking_dude
11-24 12:32 PM
Instead of asking for more bread, we are fighting ferociously for the scraps like dogs!
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
For the August visa bulletin, USCIS gave all the extra quota to EB2. I don't think this is fair for all the EB3 people. I thougt the reason they gave all the quota to them was the EB2 included NIW. But NIW is just a small portion of EB2. Majority EB2 peopole are like EB3 working for companies and not necessarily important to give all the extra quota to them. If the policy continues, our EB3 will just become fake immigration. You don't know how long we can finalize our case. Gugs, please work together and let our voice to be heard by USCIS. Hope our organization can help us.
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
For the August visa bulletin, USCIS gave all the extra quota to EB2. I don't think this is fair for all the EB3 people. I thougt the reason they gave all the quota to them was the EB2 included NIW. But NIW is just a small portion of EB2. Majority EB2 peopole are like EB3 working for companies and not necessarily important to give all the extra quota to them. If the policy continues, our EB3 will just become fake immigration. You don't know how long we can finalize our case. Gugs, please work together and let our voice to be heard by USCIS. Hope our organization can help us.
Get_GC
10-08 06:32 AM
Finger Printing done on 10/4.No LUD till now.
map_boiler
07-12 12:27 PM
come on...folks...comments please?
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