chmur
07-27 06:09 PM
otherwise society would have have no use for lawyers....who make a living making interpretation of the existing laws.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
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reedandbamboo
09-13 10:11 PM
I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
Yes, It doesnt matter, we are going for it.
Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.
I will start with the letters and see what unfolds.
zoooom
07-20 12:05 AM
I contributed $100 to IV just yesterday, I did not see this post before.
I think its wrong to let someone bear the burden alone for something thats a shared objective.
Count me in for the pledge
Thanks a lot...We will let you know how to send the contribution.
I think its wrong to let someone bear the burden alone for something thats a shared objective.
Count me in for the pledge
Thanks a lot...We will let you know how to send the contribution.
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simple1
05-02 12:56 PM
Hi,
Sent email to IV core emails listed in
http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49
Thanks,
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
Sent email to IV core emails listed in
http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49
Thanks,
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
more...
avi_ny
07-21 09:40 PM
EAD application mailed to USCIS on 21 May 2008
There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
I have not received any FP Notice. (strange)
Approved EAD (1 year) received on 21 July 2008 (Today)
There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
I have not received any FP Notice. (strange)
Approved EAD (1 year) received on 21 July 2008 (Today)
cjain
11-02 11:18 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
more...
gcspace
01-21 01:29 PM
I have EB2 PERM and EB3 I140 approved. Since my EB3 PD date is earlier than EB2 PD , my lawyer filed my 485 with EB3 I140.
Is there any way to find from 485 receipt or application which I140 was used for filing ?
Is there any way to find from 485 receipt or application which I140 was used for filing ?
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franklin
07-05 11:06 AM
Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all
more...
abq_gc
08-17 06:22 PM
Has anyone with the following criteria got receipt notice or have their check cashed ?
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
1) I-140 approved at TSC
2) LUD on I-140 on 07/22, 07/28, 08/05, 08/12 etc...
3) I-485 mailed to NSC during last week of June or early July ?
Please respond...
Thanks
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acepb
08-28 01:56 AM
filed aug 3 2008 card ordered aug 26 2008
more...
EB3_SEP04
08-12 06:20 PM
Just got an email that EAD card production ordered
when did u file? Paper filed to Texas (as the thread title says)?
when did u file? Paper filed to Texas (as the thread title says)?
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mrsr
07-04 10:43 AM
no one knows
more...
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obviously
07-27 07:15 AM
LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
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bindoke
08-25 10:59 PM
Any idea how long it takes for a decision once it has been assigned to an officer?
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
My wife's case was assigned to an officer on Aug 11th.
in my case iwas exactly 3 weeks.
Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.
more...
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gcspace
10-17 09:31 PM
I'm very glad to hear the news. Let us see when my checks are going to be cashed. By the way, was your 485 packet signed by F.HEINAUER @NSC on July 16th?
I did called NSC IO yesterday and she said that my packet must have been in caught up in the front log.
Looks like all our 485 packets have been xfered to TSC from NSC. Hence SRCXXXXXXXXX
fetch_gc,
My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
I am hoping yours and Vivek.. package was also in the same bundle.
Just curious, what is a front log ??
I did called NSC IO yesterday and she said that my packet must have been in caught up in the front log.
Looks like all our 485 packets have been xfered to TSC from NSC. Hence SRCXXXXXXXXX
fetch_gc,
My packet delivered on July 16 signed by R Pitcher 9a.m. at NSC.
I am hoping yours and Vivek.. package was also in the same bundle.
Just curious, what is a front log ??
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tonyHK12
02-10 07:17 PM
thanks spulgur, RSM1444 for your contribution.
There has been some pickup in contributions, however based on this average, we may only reach 25% of our funding goal. Some things like reserving conference rooms, appointments, need to be done well in advance.
If anyone already has other large financial commitments you could even send a check for a smaller amount and post it here for accounting. Please also let all your friends know about this event and attend and/or contribute. I promise to contribute more.
Amount raised = $2100.00
Contributions needed = $47,900.00
There has been some pickup in contributions, however based on this average, we may only reach 25% of our funding goal. Some things like reserving conference rooms, appointments, need to be done well in advance.
If anyone already has other large financial commitments you could even send a check for a smaller amount and post it here for accounting. Please also let all your friends know about this event and attend and/or contribute. I promise to contribute more.
Amount raised = $2100.00
Contributions needed = $47,900.00
more...
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mammoy2k
11-28 07:44 PM
I think attorneys scare us in using AC21 before I-140. If you have a good attroney she can argue and convince USCIS to approve AC21 before I-140 approval. There can be only 3 reasons of I-140 denial:
- Ability to Pay
- Education
- Experience
Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.
Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.
Mammoy2k
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
- Ability to Pay
- Education
- Experience
Now if you work for a public company, A2P is not an issue. If you have a US degree, or a 4 years degree from outside, educations should not be a concern, unless LC asks for BTech in Comp Sc and you have it in Civil Engg. Laslty on Exp letter, if the only experience you mentioned on LC is the experience for which you have exp letter, you are fine.
Does anyone see anything missing? Come Jan 08, I expect many AC21 with I-140 pending.
Mammoy2k
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
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dtekkedil
07-03 12:04 PM
Ok folks... lets do this then... July 09th is the delivery date! Select the following link (provided by krishnam70 - thank you!)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
http://www.ftd.com/528/catalog/produ...&Go.x=0&Go.y=0
Select Occasion: "Sympathy"
The message: All the best for future Employment Based visa estimates
Delivery location type is Business, US Citizenship and Immigration Service
Address:
Emilio T. Gonzalez
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Phone number: 202-307-1565
It will be better if we do not add anything else to the message :) I know a lot of you are pissed off... but try to control your anger :D
I hope I haven't missed any other information required to send those flowers.. if I did then please let me know :)
The only change for now is the delivery date - July 10th instead of 09th (FTD doesn't deliver on Mondays)
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ramus
07-03 12:56 PM
With your flowers, I think USCIS will be happy thinking that they did very good job in approving 60,000 visa in June.
JazzByTheBay
12-17 06:01 PM
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
thurinalas
08-28 02:20 PM
Filed I485/EAD/AP on July 30th @ NSC.
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
Check cashed :NO
Receipts : NO
can we add two polls within the date subcategories - one which tracks how many people received receipts, and another to check if they are NSC or TSC?
Or are there other polls like this already for July 17 - Aug 17th I 485 Filers?
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