desi3933
02-12 01:42 PM
....
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.
I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.
A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard
I know you lawyers can, with ease, twist words and meanings as you please. - John Gay
_________________
Not a legal advice.
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pitha
02-21 03:34 PM
It is such irresponsible advise that has made EB2 India unavailable. The EB2 or eb3 should be decided based on the job requirements and not to fulfill your personal needs so that you can jump from eb3 to eb2. have you heard the adage "One rotten apple spoils the whole barrel". it is basically because of people like you the whole EB system is tainted and viewed as filled with corrupt people who will bend rules to suit there needs. Forget eb2 go for eb1 but only if your job really is in EB1 and not to cheat the system. You may get away with it but the end result is DOL and USCIS will make it stringent to get eb2 or eb1.
anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
anyway the practical matter is people ported from eb3 to eb2 recklessly and eb2 is becoming same as eb3.
if u can keep thd same PD whenu change from eB3 to eB2..you should do it immediately!
NKR
10-16 03:24 PM
So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
2011 meez Shakira - Whenever Whenever, Wherever Cover
nozerd
01-27 10:31 AM
Why are the numbers for 2000 so low. Is it because it is pre AC21.
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
more...
Canadianindian
02-04 09:33 AM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
I mean when do I have to inform USCIS if at all?
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
I mean when do I have to inform USCIS if at all?
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
jthomas
10-16 10:32 AM
As per IV core we should be doing lobbing and lobbing needs money. We had tried few times and the latest High Five had not collected enough money that can be used for lobbying. How can we count on our members to do something big.
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
I think we should work in our state level chapters, collect funds for activites and when we have a solid foundation talk about activities like flower campaign, rally etc.. where everybody would be involved.
Red and Green dots Welcomed.
Thanks
more...
abhijitp
03-09 02:39 PM
Hi,
I have 6,355 miles from Delta. I want to donate these miles to someone who is travelling to DC. Please let me know if I can do this and how to do it.
Thank you and good luck to you all.
1) Get in touch with someone who wants to use the miles
2 ) How to Contribute Frequent Flyer Miles | eHow.com (http://www.ehow.com/how_7193899_contribute-frequent-flyer-miles.html)
I have 6,355 miles from Delta. I want to donate these miles to someone who is travelling to DC. Please let me know if I can do this and how to do it.
Thank you and good luck to you all.
1) Get in touch with someone who wants to use the miles
2 ) How to Contribute Frequent Flyer Miles | eHow.com (http://www.ehow.com/how_7193899_contribute-frequent-flyer-miles.html)
2010 Whenever, Wherever
acecupid
07-13 11:22 AM
And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.
You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.
I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)
You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.
I am not saying my lawyer is any better, all these lawyers are nothing but blood suckers just like the employers. I'm just disgusted that people can stoop so low. The objective might be the same, but the intentions are far from it. I hope you understand that my friend and stop being a PR rep for murthy or any lawyer. :)
more...
abd
09-21 04:01 PM
How many days it took you to receive physical RFE after Online status update?
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
hair Whenever, Wherever. 04. Rules
Legal
07-04 08:40 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
new legislation is needed to change that.
new legislation is needed to change that.
more...
sanju_dba
09-09 01:50 PM
This is a big fantasy.
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
EB3 is not going to get current in the next 4-5 years you said.
Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.
The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.
I say we stop dreaming and do a rally in DC.
I understand what you said, but just to consider the off numbers published by dos
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
EB2 total pending 34325
EB3 total pending 136325
2010-2011 quota EB1+EB2 ( 85343 )
less eb2 " " 34325
--------------------------------------------
" " 51018 trickeling down for EB3 Worldwide?
2010-2011 quota EB3 ( 42671 )
less eb3 - 136325
--------------------------------------------
42636 ( eb3 pending left over from above )
2011-2012 quota eb1+eb2+eb3 128013
So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?
above math is based on
inaccurate numbers given by DOS?
assuming no new applicants applying.
Hope I am correct! :)
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ivbabu
10-25 04:24 PM
My details are as under
more...
house Shakira-Whenever,Wherever 11.
anilsal
12-12 03:40 PM
Here is an article that has some info on the non-ability to file 485.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
http://www.visapro.com/Immigration-Articles/?a=327&z=63
But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.
tattoo Shakira - Whenever, Wherever
canleo98
11-22 02:24 AM
I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!
Here is your lifeline :D :) :
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
Here is your lifeline :D :) :
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
more...
pictures Shakira,Whenever Wherever,UK
Legal
07-22 04:37 PM
so there should be 40-50k EB visas left over in this year...?
and these numbers have to be used up before Sep 30th. If they are not used they'll spill over into family based immigration category.
and these numbers have to be used up before Sep 30th. If they are not used they'll spill over into family based immigration category.
dresses Shakira - Whenever Wherever
smuggymba
07-27 08:24 AM
Really need urgent help on this. These folks are asking me to sign a 1 year contract with them. Wanted to ask if anybody has any experience with this company.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Dear Friend,
All this is con artistry about charging for "training". They post ads saying we have urgent business requirements for 5 Analysts but you have to attend our course....once u attend the course, on the very last at 5pm, you'll be given a sheet of paper to sign a contract, which means u have to stick with them whether u get a project or not.
Modus Operandi - If u get a project, they make money............if u don't get a proj, they are not affected since they don't pay on bench...........if u get a proj with another compnay and leave, they sue u and show u ur contract and make money.
Win win for the desi consultant, tough life for you buddy. Make an informed decision. Everyone knows how these ppl operate and still get stuck with them.
I don't want you posting in this same forum 5 months from now that I have been sued or been threatened to be sued and can I shift employers etc as I don't have a project.
Best of luck.
Do they really sue if we break the contract?. Is it legal in the US to have a binding contract to begin with?. Please let me know. I need to make a decision in a few days as I am packing my bags from Texas and flying to Santa Clara to attend their courses...
Dear Friend,
All this is con artistry about charging for "training". They post ads saying we have urgent business requirements for 5 Analysts but you have to attend our course....once u attend the course, on the very last at 5pm, you'll be given a sheet of paper to sign a contract, which means u have to stick with them whether u get a project or not.
Modus Operandi - If u get a project, they make money............if u don't get a proj, they are not affected since they don't pay on bench...........if u get a proj with another compnay and leave, they sue u and show u ur contract and make money.
Win win for the desi consultant, tough life for you buddy. Make an informed decision. Everyone knows how these ppl operate and still get stuck with them.
I don't want you posting in this same forum 5 months from now that I have been sued or been threatened to be sued and can I shift employers etc as I don't have a project.
Best of luck.
more...
makeup Shakira : Whenever wherever
seahawks
07-26 08:49 AM
are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez
girlfriend Shakira - Whenever, Wherever
wellwisher02
04-23 08:10 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
-------------
Hearty Congrats on turning 'Green'!
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
-------------
Hearty Congrats on turning 'Green'!
hairstyles Shakira - Whenever Wherever
vamsi_poondla
09-26 12:36 PM
Excellent coordination...
gbarquero
09-13 11:52 AM
Everyone bring U.S. flags if you can!!! (ONLY U.S. Flags - thanks!!!)
I think this is very important, I asked in the past about it but I got no answer.
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?
I think this is very important, I asked in the past about it but I got no answer.
It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?
prioritydate
12-21 02:15 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
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