simple1
05-01 03:44 PM
Honestly, I did not understand jchan's scenario.
AFIK, none will get affected. Please look for my earlier posts regarding I485 Derivative application pre-requisites.
I am waiting to hear from IV-core's or forum-attorney�s interpretation.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
AFIK, none will get affected. Please look for my earlier posts regarding I485 Derivative application pre-requisites.
I am waiting to hear from IV-core's or forum-attorney�s interpretation.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
wallpaper you h ow much i miss you.
grupak
08-25 09:53 AM
I don't mean to be rude but what do you propose? All I hear is if we ask for fixes "they" are going to come after us in some other way.
Should EB immigrants just accept to wait in line for 10-15yrs without knowing if they will be approved in the end?
I don't speak for IV but I gather IV doesn't condone abuse of the H1B program. We will be better off if the rules are imposed as they were intended.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Should EB immigrants just accept to wait in line for 10-15yrs without knowing if they will be approved in the end?
I don't speak for IV but I gather IV doesn't condone abuse of the H1B program. We will be better off if the rules are imposed as they were intended.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
karthiik
09-20 02:56 PM
Category: EB3
PD: June 2007
Country: India
Center:NSC
I-140/I-485: Received by USCIS on 08/09
I-131: Received by USCIS on 08/09
I-765: Received by USCIS on 08/09
Checked Cashed ( No/Yes ) = Yes (all 3)
Receipt Recieved( No/Yes )= No
Receipt Date : I think 9/14
I had sent in personal checks for my wife's applications and all 3 checks were cashed yesterday 9/19. I found the LIN numbers in the back of the checks and found that the applications have a received date of 9/14.
What's the current trend with Nebraska? Are they sending EAD/AP first or Fingerprinting? :)
PD: June 2007
Country: India
Center:NSC
I-140/I-485: Received by USCIS on 08/09
I-131: Received by USCIS on 08/09
I-765: Received by USCIS on 08/09
Checked Cashed ( No/Yes ) = Yes (all 3)
Receipt Recieved( No/Yes )= No
Receipt Date : I think 9/14
I had sent in personal checks for my wife's applications and all 3 checks were cashed yesterday 9/19. I found the LIN numbers in the back of the checks and found that the applications have a received date of 9/14.
What's the current trend with Nebraska? Are they sending EAD/AP first or Fingerprinting? :)
2011 I MISS YOU TOO MUCH
sayantan76
07-08 03:34 PM
I thought we have made immense progress with regard to our moral standards so that one does not have to necessarily make significant personal sacrifices to upholds ones way of life and independence. That is why I believe this is be kind of a Civil rights/Equal Employment kind of case.
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
It could be argued that the supreme court has given the government authority to discriminate based on country of origin for immigration purposes.
Supreme Court does not give the Government the authority - Supreme Court does not make laws - the legislature (Congress) does - the judiciary can review the laws and decide that it violates the fundamental rights enshrined in the Constitution for Citizens or go against the basic fabric of the Constitution
That could easily be justified for new people coming into the country. Albiet it is slightly different from the case of most of us, those who are already in the process at some stage. In our case, DOS/DOL/USCIS acknowledge that we should be granted permanent residence (based on Labor) and even on such basis, is willing to extend our visas/work status indefinitely. However, we are being limited to not change employer (in case 485 is not applied) and to not change the field of work (in case 485 is applied). I think this can be argued as a violation of Equal Employment Oppurtunity by the government by a competent lawyer. Employer cannot be forced to process any immigration related paperwork against its wishes - otherwise it would infringe upon their fundamental rights as a registered business entity incorporated within US; nor can the employer be forced to take a risk that it would spend time and money hiring and training someone on EAD only to risk losing that person in a year if the 485 gets denied and so on.Even if the court does not do anything, it will go a long way in people and common people realising these issues.
I was surprised to find that even my cousin (who has been here since 1980) did not realise that the situation is so bad until we had a discussion about my status last christmas. Most just assume that a small minority of people with wierd/complicated cases are held up for longer then 2-3-4 years.
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
more...
lutherpraveen
10-08 12:15 PM
Same here. No update. Same parameters as yours.
I am still waiting?
I am still waiting?
rsharma
09-24 07:51 AM
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
more...
simple1
05-05 10:24 AM
I spoke with our attorney
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
He said
INA Sec 203 talks only about the eligibility to apply the I-485. But the visa number is derived from a relationship to Principal applicant of green card. This is true for all categories Including investor, asylum, Employment categories. Please note that It is Dept of State that is responsible for this allocation not USCIS.
The relationship with the principal/primary doesn’t make derivative eligible for same visa as primary.
EB1, EB2, EB3 are also visas. with specific qualifications like H1 and L1.
H1b dependent gets h4 (different visa from primary) and not counted in h1b quota.
Same applies with L1( dependent doesnt get L1). Same applies here, the dependent/derivative is not eligible for **same** immigrant visa type/preference. While h4/L2 has no quota and is of temporary nature. The FB2A has quota and is permanent. That is the only difference.
It is the situation of the dependent/derivative that matters. So FB2A is the right category.
2010 dresses Miss you too Much
simple1
04-30 11:09 PM
This is my first post.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
more...
phillyag
08-25 08:49 AM
I think you may see some action soon ...( did you have LUD on 8/21 ??)
Thanks
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
Thanks
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
hair miss you too much longer.
H1Girl
04-30 01:01 AM
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
more...
53885
05-24 12:05 PM
I sent emails to 10 more senators.
hot miss you quotes for friends.
dtekkedil
07-03 12:04 PM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
more...
house I miss you too much.
Sheetal_MA
05-01 07:00 PM
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
tattoo Miss you too much X
h1b_forever
02-01 08:03 AM
I agree with your assessment. I was there myself this past dec/Jan and I am thinking along the same lines
I dont see why we need to struggle here and the future looks so bleak. India is really booming and we have missed out on the best 5 years of that. If we dont move back in the next 2-3 years we would have missed out on the biggest boom period in India's history.
There was a time when Infrastructure in India was the biggest concern, but things are changing rapidly. I was amazed at the changes in the last 2 years since I was last there.
Good luck to you and hopefully I am able to make up my mind soon
I dont see why we need to struggle here and the future looks so bleak. India is really booming and we have missed out on the best 5 years of that. If we dont move back in the next 2-3 years we would have missed out on the biggest boom period in India's history.
There was a time when Infrastructure in India was the biggest concern, but things are changing rapidly. I was amazed at the changes in the last 2 years since I was last there.
Good luck to you and hopefully I am able to make up my mind soon
more...
pictures I miss you too much
twinbrothers
07-09 05:08 PM
All:
I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.
I am driving from Los Angeles to Bay Area on Friday (13th) evening to join the protest. I can accomodate 3 people to join the protest. You will have to find your own accomodation. Only those who are seriously interested in going for the Immigration Rally will be given a ride. I will be leaving from Pasadena, CA around 7 pm. If you are interested in this , please email me at twinbrothers@gmail.com.
dresses I-Miss-You-Too-Much-------
arung
08-13 11:23 AM
True, like I still have a EDD letter talks about my first case for GC was filled on Aug. 2001 as wanted to immigrant but what is the use, as I have to file new one as even if I have transferred my employment to my parent companies client, USCIS has no rule to transfer labor process or priority dates until has approved i140, they requires to file new one which surly takes time. And I am sure mostly people completed even 10 years of working waiting for GC have the same issue.
more...
makeup cos it hurts me too much ,
kbsyed61
08-14 08:52 AM
Yesterday I recd. the receipt notice for my I-485 filing on July 2, 2007.
PD - 11/2004, EB2, India
Service Center - Nebraska
Receipt Date - July 2, 2007
Notice Date - August 4, 2007
PD - 11/2004, EB2, India
Service Center - Nebraska
Receipt Date - July 2, 2007
Notice Date - August 4, 2007
girlfriend for missing you too much.
jonty_11
10-27 10:44 AM
I understand we want to stand alone with our issues and that may be favourable to us from an anti-immi stance taken by many in Govt and otherwise. I am not sure though if by alienating EB retrogression issue with H1B increase we will be able to get anything done.
Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.
People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.
Our main supporters are teh corporations who hire us and want us to be perm. There bigger concern right now is getting more people who can hired on H1B. Unless we threaten mass exodus, I do not think we stand a chance if we try to run alone with only EB retrogression issue.
People (Senators aginst CIR or SKILL and even NUmbers USA) may say that OK we are not against you folks, but the point is will those same people do something about our predicament if this was the only thing on the table, I dont think so.
hairstyles “But I will miss you too much,
samrat_bhargava_vihari
06-11 05:31 PM
Yes, All of my checks got cashed today and i got all the reciepts in mail. ND is 06/01 and RD is 06/06 from Nebraska.
They sent you receipt before cashing the checks?
They sent you receipt before cashing the checks?
sgupta33
11-07 11:30 AM
Hello All,
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
ajaykk
07-21 01:33 PM
Mailed on 07/14
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
Recvd: 07/15
Soft LUD's: 07/17, 07/18 & 07/20
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