pankajkakkar
08-08 02:22 PM
Pankaj, the writeup is spot on except for the above. I am not sure it takes anyone in the EB category, 20 years to get the GC. It may happen in the future if retrogression is not fixed.
IMHO, it is important that we stick to facts when we write articles/op eds etc.
You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.
Pankaj
IMHO, it is important that we stick to facts when we write articles/op eds etc.
You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.
Pankaj
franklin
09-28 08:57 PM
But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?
Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.
Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.
I like Theory 2 best :)
I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.
Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.
Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.
I like Theory 2 best :)
I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.
chanduv23
11-14 05:35 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.
If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.
Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.
If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.
Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.
satyasaich
03-09 01:33 PM
Requesting All the moderators
For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time
Certainly a good chance (not to miss) so that our concerns can be heard across the country
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
For those who follow NPR news, there is diane Reem show tomorrow on NPR radio and the subject is immigration reform.
It will be a good chance to make some sensible calls, but requesting to make a limited number of calls with clairty in questions, probably one at a time
Certainly a good chance (not to miss) so that our concerns can be heard across the country
If I understood it right, they wanted to remove the 10% per country limit for the Nurses and Physical Therapist since a majority come from 3 countries - India, China and Phillipines
Again, not too sure if I understood it right
more...
marwan234
09-04 01:27 PM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
Presenting your EAD to DMV for verification does not invalidate your H1B status. Only when you present it to your employer and if he fills out form I-9 and if USCIS requests verification of employment then you will need to worry about that.
gonecrazyonh4
04-25 11:04 AM
My husband has been working on H1B with a leading company in USA since early 2000. Our Labor was filed in March 2005 and is stuck at BEC. I am on H4 and am not able to work or contribute.
One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.
How fair can this be?
We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.
Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
One of our friends starting working in USA through a consultant in late 2004. Filed his I-140 directly with a substitute PD in June 2005. They received their EAD same year in October 2005 and received his physical Green card on February 2006 . He used a priority date of 1999 due to his substitute PD. Now he is a free bird and can move jobs, his wife can work and they receive all the benefits of green card.
How fair can this be?
We are unable to move, take up a better job, receive a promotion or take up fulltime studies even after getting admission in best Universities due to our Visa situation.
Sweeping changes are necessary in immigration rules and the date the person starts to work on H1B should be considered as the priority date. It will eliminate lot of corruption and reward those who truly contribute to the economy.
more...
amslonewolf
08-13 05:27 PM
EB3 from June 2008 bulletin
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
All Charge-ability Areas -1-Mar-06
China - 22-Mar-03
India - 1-Nov-01
Mexico - 1-Jul-02
Philippines - 1-Mar-06
September 2008 bulletin -Comment
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
My take on this is that there might be some balancing act across the EB3-Sub categories. If you notice in the June 2008 dates, there is a huge discrepancy in the EB3- Sub categories.
For example, Philippines is 1-Mar-06 and India is 1-Nov-01.
Who knows, they might move back the EB3- Philippines/ROW and move forward (or leave it on 1-NOV-01) the EB3-India dates.. This is a possibility from the text of the September 2008 bulletin. So, it's not all gloom and doom for EB3 Categories..
HumJumboHathuJumbo
09-10 11:36 AM
I, for one, am happy with this Oct visa bulletin. This is how it should be. First give GCs to all those with < 2003 PD. You guys with 2006 and 2007 pd should be glad you even got to file I-485 and EAD. What are you bitching about?.
more...
skv
06-27 07:15 PM
Any march approval?
Hope you should get soon..... :-)
Mine is May 14th.
Hope you should get soon..... :-)
Mine is May 14th.
acecupid
08-17 09:57 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
more...
ajju
09-04 03:30 PM
Hi,
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
The only issue I see is license with 1 year validity... Still better than none :-)
EAD comes in pictiure only when you use it to work... for immigration purposes..
I live in colorado...my H1B is going to expire Oct 27...I have not applied for H1B Extn. yet...But i have EAD...According to colorado DMV i should be able to use EAD for driving license extn...but does using EAD invalidates my H1B??...i am planning to apply for my H1B extn this week...but i won't be able to get approval in 3 weeks (assuming i do premium processing)...Please help me.
The only issue I see is license with 1 year validity... Still better than none :-)
EAD comes in pictiure only when you use it to work... for immigration purposes..
JunRN
10-22 11:31 PM
Something's going on in the Senate....recapture of unused visa is proposed as an amendment to labor and healthcare appopriations bill.....let's see what happens tomorrow...expect that it will be tackled tomorrow!
more...
BPforGC
07-18 07:32 PM
Based on what my lawyer said, this is how it happens.
1. LC/I-140 processing is independent from I-485.
2. I-485 RD is critical.
3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.
If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.
PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D
1. LC/I-140 processing is independent from I-485.
2. I-485 RD is critical.
3. When your date comes and when they review your application, they will check if your I-140 is approved or not. Then they will look in the application and if everything is ok (FP, background check - Name check etc) and if VISA number is available, you will get it.
If they don't have VISA numbers available, they will not process any I-485. So, availability of VISA numbers is key when they process I-485.
PD of I-140 comes into play when we have retrogression. Since they opened flood gates, all of us who apply now will go by our I-485 RD. Until substantial numbers of our applications are cleared, there is no chance that future VISA bulletins will be current. Even though future VISA bulletins show PD way earlier than your PD, your I-485 may get approved since you are in the system.
So, who ever gets to apply I-485 are in much better shape than people with PDs in 2002 or 2003 but do not file I-485 now.
REMEMBER, USCIS USUALLY DO NOT FOLLOW ORDER AND YOU HAVE TO BE VERY LUCKY OTHER THAN TURNING ALL THE RIGHT PAPER WORK.
Good luck folks.:p :confused: :rolleyes: :cool: :eek: :mad: :D
gc_chahiye
07-20 06:37 PM
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
more...
ars01
03-12 04:50 PM
This is unbelievable!
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
Your PD is Apr 03 EB3 India and you got your GC. You won a lottery buddy. Any LUDs etc in recent past?
No LUDs. I had not checked my case status in the last 4 months and then I just received this email.
H1B-GC
08-12 12:13 PM
So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..
So much for Hisp@n*c lobby. How does this fee increase relate to border security??? These politicians have to remember that whatever money they are getting for Social/Medicare taxes from L1/h1 till now will be gone as well along with the job.
So much for Hisp@n*c lobby. How does this fee increase relate to border security??? These politicians have to remember that whatever money they are getting for Social/Medicare taxes from L1/h1 till now will be gone as well along with the job.
more...
Libra
07-06 03:43 PM
You might be senior member than me, i may not post my comments more offenly, i just read what others are saying. Even i dont mean to disrespect you, and whatever i said below is not to offend you. I hope you understand
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
wantgc23
08-14 08:23 PM
I have read the Original quote several times and dont see how they mean June 2007, To me it is clear that they are talking about June 2008.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
Sorry to sound so negative, but I think we are looking at something like Sept 2001 for EB3-I in Oct bulletin.
I doubt that USCIS can talk cryptic like Alan Greenspan, they probably meant that the PD will be back to what it was in june 08. There are only 3k visas per category and thousands of applicants, i dont see a logical reason why the dates will move 2-3 years. If they do, i too will buy you dinner. nothing is logical with USCIS... during the last couple of weeks of September you will see significant numbers of EB 2 approvals and then its back to square one for another year.
The main reason for the 2 year movement in june 07 was because they wanted to allocate all unallocated visas for the year, then the July VB came out and the rest is history. They have improved the coordination between DOJ and USICS since. Just want to be realistic, if we start assuming thing people get complacent and stop doing the little activities that help us.
sam2006
07-19 12:53 AM
thank you :)
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
laksmi
01-07 03:56 PM
Work on H1 even after using AP
http://immigrationvoice.org/forum/showthread.php?t=14154
Thanks
http://immigrationvoice.org/forum/showthread.php?t=14154
Thanks
diptam
08-12 03:41 PM
There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.
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