immigrant2007
08-12 08:10 AM
Guys,
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
I have thought of one more idea..
We know very well that by current interpretation EB3 is permanently fixed to the back of the line. NO EB3 will get processed until the last EB2 who files in the year 2013 gets approved, (counting out the regular quota).
And why are we here? Many believe (or know) that it is because of the 245(i) amnesty signed by Clinton and Bush.
Isn't it ironic that the illegals that were put in the line are not being moved back as the line expands? Why only we legals? Maybe there is some scope to challenge the 245(i) visa number allocation and point out that legal immigrants are waiting in line then how can you admit illegals in front
Anyone having the facts and numbers of 245(i)?
I have asked this question over and over again but Iv doesn't seem to entertain it. IV number crunchers are busy developing and applying patent for a sofware on GC estimation.
245(i) consumed EB3 worldwide quota and is responsilbe to backlog along with deliberate delay by USCIs.
But thas history now, what do we do in future matter more...I think If economy doesn't improves EB3s are infor a big shock.
Post election if Republicans win then they will do their best to deny GCs to all backlog guys so that they can enjoy thier loot (Social secuirty,foreclosed homes)...
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BharatPremi
04-08 08:48 AM
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
PD Sep 2001
EB3 India.
Congratulations for getting out of the hell hole and proceeding for the life.
gjoe
12-11 06:26 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)
Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)
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anurakt
11-19 09:53 AM
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....
Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.
Cheers!
It took a while for me to understand this situation. Now I am very clear on what I will be doing istead of tying myself to a bs immigraion system this country has. I ran after two things GC and Money ....running after GC didn't do any good....stuck with an employer.... salary below market value same position all the years....but I have decided I will run after money now.... so in current situation I have more money better position...less mental stress .... If I get GC... good ....else I will go back to my country with total financial freedom. Make my money as quickly as possible. We are all here for money and nothing else ...thus GC should not be an end to life....
more...
jonty_11
07-09 06:36 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
rockstart
07-12 11:32 AM
Simple EB2 takes more priority over EB3 so EB2 ROW flow first to EB2 India & China and if there are more they will go to EB3
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Why didnt the EB2 ROW number trickle to ROW EB3 first?
more...
Foster2007
07-09 04:42 PM
I agree 100%. They also issued green cards to ppl whose PD was not current in June. Even that is a violation of law.
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mirage
02-03 05:23 PM
Alright guys you seem to have more Political understanding than I have, that was one reason that I was talking 20 people, I have 6 people now, when we'll talk these things will come, as these 5 people may have your kind of Political knowledge
more...
gimme_GC2006
03-09 02:02 PM
hey bsbawa atleast ur pd is apr 04, now it is feb 04 for you , there is hope that you will get it by this year end atleast, think about folks like me, i have to wait till 2019 to get my eb3 to current......... so stop crying and be happy that atleast ur in EB2........ :o
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
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jcmenon
07-24 02:49 PM
jc menon...have u ever taken a law class? - No
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
do u have a jd? - No
why are u then so adamant on thinking u "found" the loophole? - I am not saying I found a loophole
we are not stupid morons over here. - You guies are intelligent and more proactive and more intelligent than us, that is why we are trying to find out some solution out here.
Neither is the AILA/millions of lawyers that are associated with immigration law. - Attorneys are here for a purpose, it is their living their bread and butter, they are of no one, If you spend money they can fight loosing battle for ages.
Please for heaven sake dont start now about some conspiracy theory about immigration lawyers having a preference for backlog. - I am not a conspiracy theorist, but you seem to be loosing your cool.
there is no loophole, there is no precedent and by emailing the director with a moronic question will only show that probably that we have morons stuck in retrogression and probably we deserve to be stuck.
No question is moronic, at least we get a reply for a question, if IV do not want to pursue this, that is another story.
more...
eb3retro
08-20 11:39 AM
My kids are 7 & 9. Our fingerprinting and photo date is this Saturday Aug 25.
My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.
My child is 6 1/2 years old and not sure why they didnt send a FP notice for the child.
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serg
07-16 09:25 PM
As someone told, webfaxes/emails do not have big influence/impact, why we can't just send regular mails? Guys, we spent $20-$40 each on flower campaign, why we can't spend 39c to send a letter?
more...
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jonty_11
09-10 03:08 PM
so this bill is dead?
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vagish
07-16 06:16 PM
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
IT IS A SCREWED UP ORGANIZATION !!!!!!!!!
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
IT IS A SCREWED UP ORGANIZATION !!!!!!!!!
more...
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Gate_jj
05-07 09:56 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
Can you please explain the above ....
I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.
None of the explaination says this explicitly , does any one know something more in detail ..
Thanks for all the help
-j
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eb3retro
08-17 12:16 AM
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
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I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
I am looking to see if he will show up too..looks like he is not coming back..so much for one and the only post..
more...
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qesehmk
02-12 02:31 PM
We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.
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.
I am the one who asked him that question. And you can see he doesn't have any proof.
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.
I am the one who asked him that question. And you can see he doesn't have any proof.
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Jaime
09-10 04:04 PM
Letter for Intl Student Associations
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
Dear International Student Friend:
You have put yourself through a lot over the past few years: traveled to a new country, put yourself through school, worked long hours in the lab, took on multiple on-campus jobs and loans, so that
you could make a better life for yourself. Now, you are getting ready to graduate and join other high-skilled people like you who make this country one of the leaders when it comes to innovation and technological breakthroughs. We are proud of your accomplishments
and look forward to welcoming you in the real world as your friends and
colleagues.
However, we wanted to make you aware of a grim reality that you will surely
face in the coming months. Immigration visas (commonly referred to as �Green Cards�) are currently severely backlogged across multiple categories and countries. You might be vaguely aware of this and may have
heard rumors, but the truth of the matter is that most likely you will have to
face years of waiting for an immigrant visa to be approved. This in turn will
restrict your growth within an organization and at the same time prevent you
from reaching your true potential. Even if you are finishing up your course of study from the topmost university in your field, it is more than likely that you will be impacted by the current immigration backlog. We write this letter because thousands of our members are in exactly the same place. We write this because we are in process
of developing one of the most comprehensive grassroots organizations dedicated
to helping skilled immigrants achieve their American dream and at the same time help in keeping this country competitive in the global markets.
Our organization cuts across nationalities, job categories and pay scales. Even
if you are finishing up your MBA from Harvard, it is likely that you will be
impacted by the current immigration backlog. We are completely committed to
securing a more transparent, predictable and fair immigration system. We ask you
to visit our website at http://www.immigrationvoice.org and attend a rally on September 18th at Washington DC. We are running buses from your city to DC. All you need to do is visit the Immigration Voice website and sign up for where you are coming from.
Regards,
Your friends at
Immigration Voice
Great letter! Have we sent it yet??? The only thing I would change is "Immigration" visas to "Immigrant" visas
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perm2gc
01-24 07:18 PM
Guys..can you please post some websites/forum you are aware of...I am trying msn,google,yahoo and msn.
voldemar
06-22 03:11 PM
Can you please provide the link ?
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
I refered to USCIS website but did not find a mention of copies of DL.
There is no link - it's people experience. There are a lot of guys who got RFE for color copy. Search forums if you want proof.
anurakt
12-30 11:51 PM
Add St.Louis --- www.myilaaka.com
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