Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?
I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?
I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?
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I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
my 2 cents...
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes..
The point is to not 'distribute pain', it is to reduce the pain of a group.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
Again, even though the benefits may go to one 'group', let me tell you that it is not a formal group and just as all ROW applicants are not one group, non-ROW applicants too are individuals and IT DOESN'T MATTER TO ONE INDIVIDUAL HOW MUCH OTHERS GOT BENEFITED.
So your point of saying that one group is benefited is irrelevant, because GCs aren't given to groups and only to individual applicants.
Your other point is absolutely right! Family should not be counted, and I'm in 100% agreement with that!
I am sure if the EB GC's goes to the principle applicant we all won't be in this bad of a shape. Its because of the addition of wife or kids, the number pool dries up faster. So if one wants to petition of elimination of country quote under the notion that EB community is needed because of our skills, take out the family members, then it makes sense, if not, don't. My 2 cents.
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Certainty is related to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
Would you mind quoting the actual law then?
Does every I-485 need FBI approval or just background check? How do you know that it needs FBI Name Check for all cases. Quote the law please.
Just need a place to vent and share my frustration with this system.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
I came to US 12 years ago for undergrad. Got a good job with a fortune 500 company, been with the same company for 8 years. Did my Masters and MBA part time.
Company filed paper work for GC under EB3 in 2002, but the system was too slow and I decided to take a new role. Had to re-file another appication since i took a new role, but this time in EB2 in '04. 4 years have passed and both applications have only cleared labor.
Not sure when this wait will end. I do hope that this wait and patience is worth it for all of us.
I do hope we see some miracle in 2007.
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
I have scheduled the conference. This is a free conference. I set it up at 9.00 PM on 12/14/2006 since we have to dial a long distance number and our cell phone charges would be free at that time.
Conference Details
Date: Thursday, December 14, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 73141
Thanks,
Varsha
Conference Details
Date: Thursday, December 14, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 73141
Thanks,
Varsha
2010 A flower tattoo
In all 400$ to date.
Looks like if you already have EAD that can be considered a "certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section". Then you don't need the passport or other forms. Those still on H1B but without EAD then must carry a passport with a valid I-94 detached from I797 and stapled to the passport or the entire I797 with I-94 still attached, or the I485 receipt.
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
Interesting: Neither I-140 approval nor 485 receipt contain a new I-94. Moreover, I485 receipt explicitly says: "This notice does not grant any immigration status or benefit. it is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown." So, if you have filed 485 but don't have an EAD (you haven't requested it or it has not arrived yet) and your H1B I-94 has expired already you can't prove your status! So, EAD is the one and only proof of status! Moreover, even with an EAD but without valid I-94 you may have problem proving your legal immigration status to those oficers who believe a non-resident alien must always have a valid I-94. Any experience proving your legal immigration status in this situation: previous I-94 (most likely H1B) expired, never entered on AP, but have a valid EAD?
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willgetgc2005,
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
I aggree totally. This forum somehow started with a lukewarm response to the issue. Two things come to my mind.
1. The folks are not aware of the issue (or)
2. Most of the folks are just at the first stage of the process and think that retrogression is the only bottleneck.
Please add this as the one of the hot issues to help one and all.
Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.
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This is already on another thread..!!!
http://immigrationvoice.org/forum/showthread.php?t=12391
http://immigrationvoice.org/forum/showthread.php?t=12391
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only the media can do this for us
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
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NO, no way.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.
Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.
If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.
Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.
Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.
If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.
Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.
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This is going to be my last post because I think you are just trying to incite anger. You don't even know what you are talking about. I will recommend admins to note the IP address as they may need to give it to the authorities.
Can you state your source "It is second highest next to Iraq"
Your are forgetting the places like Dafur, Somalia etc..
Dont worry, I got his IP. Its 127.0.0.1. And no need to even inform the authorities. I know a program using which I can wipe his hard drive remotely. Hehehehe. Watch me do this guys. There it goes, bye-bye hard-disk!!
Hey! hang on! why is MY hard-drive light blinking like crazy?? I think something is goi <DISCONNECTED>
Can you state your source "It is second highest next to Iraq"
Your are forgetting the places like Dafur, Somalia etc..
Dont worry, I got his IP. Its 127.0.0.1. And no need to even inform the authorities. I know a program using which I can wipe his hard drive remotely. Hehehehe. Watch me do this guys. There it goes, bye-bye hard-disk!!
Hey! hang on! why is MY hard-drive light blinking like crazy?? I think something is goi <DISCONNECTED>
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I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
Well, First let me tell you that nothing in USCIS makes any sense.
Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.
Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...
As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.
Anything is possible here dear !
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
Well, First let me tell you that nothing in USCIS makes any sense.
Cominig to the reasoning behind it, it could be that they did not have enough 'approvable' cases with PDs before Aug'02 to exhaust the annual quota(stuck in name check FP check etc), so they moved the dates forward. They approved some cases that felll within the new dates.
Now after approving some newly current cases, only a few visas are left with them. Also, by this time, some of the older cases, which were stuck earlier got out of whatever check they were stuck in...
As a result, now they don't have enough visas available to approve any cases after the PD of Aug'02.
Anything is possible here dear !
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:D I don't know what to say. But, keep your Fingers, Toes, Arms and Legs crossed.
Good Luck!!!
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
Good Luck!!!
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
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Well said! I came back first week of Feb 09 and no issues. Just usual jibber-jabber.
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.
......
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Some of the data can be obtained from here
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.
Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.
Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.
My simplistic model breaks down with this data.
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
With these numbers, the ROW backlog for 2002 should have cleared by now, but it hasn't. The Indian backlog should clear in a few years.
I guess, there is a reason why people don't model these things. The results are no better than pulling things outta thin air if there isn't sufficient data.......
Maybe USCIS needs computers more than we need visa numbers......
If there are any estimates on the number of applicants in the different years, we could try some math on it.....I had assumed 160K applicants for ROW in 2002, and from the numbers that andy provided, that backlog should have cleared in 2004.
Unless we are missing something really really big, things should start moving forward in a year or two. (Especially after USCIS learns about the amazing new invention called a 'computer')
As my lawyer says, in two to ten years, the PDs will be current.....
alisa
i hope that country caps are removed
i also hope it's not at your expense :-)
i don't see why people think these things are mutually exclusive
we all want the best to happen- for ourselves- and as much as we can help it
for everyone else too!!
great work on putting the data together, hopefully we can develop some concise sound bites to present to affected people and to lawmakers.
i do suggest that the final summary should show 3 examples
China EB2 and EB3
India EB2 and EB3
ROW EB3
this way everyone affected sees something about themselves
I am going through the process of changing job. My new company says they are fond of EAD. But I am asking for H1 transfer. So they are saying if I want H1 transfer I can do so at my cost. Interesting!!!!
If your are awarded with that option, better use it to maintain H1.
If your are awarded with that option, better use it to maintain H1.
