Legal
07-04 09:17 PM
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
In their "normal" pace they would be giving finishing touches and slowly releasing them over the course of next 12 months! Do you agree?
But they worked overnight and weekend to finish up and deny benefits to the July filers? Therein lies the problem. what do you think?
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wc_user
02-20 06:16 PM
Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?
krishna.ahd
01-30 01:21 PM
Unpaid bench means you are "Out of Status". Not illegal.
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
When you are present in the country after your I-94 has expired, then you are illegal.
There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.
Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.
If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)
About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.
Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.
Good Luck.
Krishna
"When the going gets tough, the tough gets going"
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alterego
09-17 10:59 PM
It is not end of the world. But end of the economy as we know it. People smarter than me and you have said this is turning into an armageddon.
Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
more...
andy garcia
01-26 09:40 AM
I had trouble sifting through all that data and figuring out what that was all about.
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
Could you give the specific report that you used for these numbers. And, if possible, any hints on how you arrived at the data below. I would appreciate that.
Thanks....
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
gc_maine2
07-13 09:37 AM
JbpVisa,
Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.
Can you please take a moment to change the SPELLING to 'MURTHY", Please its misleading to members, and thanks for posting the information.
more...
gccube
04-08 02:27 PM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
PD Sep 2001
EB3 India.
Which service center processed your case? What is your receipt date?
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ghost
08-11 11:46 AM
You put it out well from your side.
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?
more...
deepimpact
09-11 02:41 AM
I understand how overflow gets distributed and Eb3-I is last in line. However , if net reduction is 35-40K each year starting 2010(i.e oct 2009 to oct 2010) and the backlog is 200 K at the beginning of 2010 (Inventory report) , we should work through all the backlog in 5 (40 *5) years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.
That means in 2-3 years overflow should get to EB3 I because rest of the category will be current by then .
I agree people who applied in 2003 -2004 are looking at 10 year wait as against someone applying for EB3-I - today . Infact someone applying today will get GC in 5 years from now.
The actual backlog at beginning of 2010 is 200K (pending I-485) + all EB2 I/C and EB3 waiting to file I-485 from 2007-2010. The no of folks in EB2I/C and EB3 ROW from 2007-2010 will be about 80-100K. So instead of 2-3 years , overflow will start reaching EB3 in ~ 5 years.
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theperm
03-15 11:46 PM
instead write long letters to USCIS like IV suggested ! thats the place to vent.
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justAnotherFile
07-24 01:23 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.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
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arudalas
09-10 02:41 PM
www.cspan.org/watch/index.asp
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amsgc
07-04 08:04 PM
Legal,
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
The 700K number is from the Ombudsman's report. He speculated that if the VB was made current, the there would be that many people eligible to apply in the two to three months.
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transpass
04-09 10:20 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
more...
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Hermione
09-26 10:55 AM
FSB debate is on H1-B raise and NOT on PR visas. So, I dont see reason to participation in debate. Thanks for the info though.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
Actually, I think participating in the debate to present the other point of view (as in 'foreign workers are good for the US economy') is a good thing to do. Giving the forum out to the antis is a good way to make sure Durbin gets his message reaffirmed. Well, that's all true, unless you are one of those people who likes to yell 'Close the door!' right after they get in.
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sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
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TeddyKoochu
09-10 01:45 PM
If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.
I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.
I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.
I would welcome another Jul 07 atleast it gives all EB2 / EB3 to be able to file for their 485's. This may not be very likely I agree with you. I can feel your pain with your PD but as Sumggymba has also said that it is extremely beneficial to be able to file for 485 and have EAD / AP.
I believe that what may happen when EB2-I/C preadjudicated numbers get exhausted is Option # 2) Keep accepting applications in a controlled manner so as to approve in quarter or year because this is what happened for EB2 ROW; again this is my personal guess / assumption, Iam not an expert on the INA or the law. Also those who have not been able to file for I485 cannot be kept in a endless denial with the preadjudicated numbers exhausted I think the chance will come for EB2 I/C either by Sep 2011 or latest by Jul 2012.
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speddi
07-18 10:01 AM
my application reached texas center on july 2nd at 10.23am .. I called USCIS today and the rep said they didnt enter the information into the system..he said it might take upto 30 days to start giving receipt notices because of the load of applications
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ajthakur
07-14 06:09 PM
I know I acted irresponsibly. Under the circumstances I had to. The person employing me was trying to use me for (something) for which my conscience didnt allow. So the decision to quit was best. I can't write all the circumstances here. I knew I could get into problems with immigration department for my irrational yet moral decision to quit company before 180 days. I think this problem with USCIS is far more acceptable than doing something for your employer that your heart doesnt allow you to.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
Of course, you know your problems best, but it was obviously irresponsible of you to quit before letting 180 days pass after applying for 485.
Here is the problem. The letter of employment you send to CIS must have a start date which will expose your violation of the 180 day rule. So unless you lie here, you are likely in in trouble. Your best bet is to suck it up and return to your sponsoring employer. That will ensure your case 100%. Any other option is risky.
Go to a knowledged attorney. Khanna, Murthy, Gotcher etc., are the names I know.
mugwump
09-26 12:00 PM
She changed the article, but shouldn't we ask her to apologize for misinforming people???
ajthakur
07-14 07:18 PM
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.
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