chmur
07-27 01:21 PM
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
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gbof
09-09 09:13 PM
Oct09 VB is awafully disgusting for my EB3 friends. Call of the day -- try out all possible options to improve your chances (EB2, if after so many years you qualify) and INTENSE lobby efforts for recapture by roping in all friendly employers and congressmen. Running away will not improve the lot.......
a_yaja
06-26 02:44 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
please explain for me - Thanks Much ?
You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.
Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).
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SunnySurya
08-18 12:58 PM
Everybody has been waiting for his/her green card and congratulations to all those who has got their GC. On the other hand it is really unfair and to some extent unethical on the part of USICS not follow a fair system.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
There are several people in 2004, 2005 who have been paitently waiting for their turn only to see that people behind them getting approved.
Several of us have writtent to Ombudsman, Director but of no avail.
Not sure what else can be done? Any Idea? Do we have any liaison with AILA who can take up this matter.
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PDOCT05
10-01 02:51 PM
Ship (P/U) date: Jul 2, 2007
Delivery date: Jul 3, 2007 9:03 AM
Sign for by: R.WILLIAM
No receipts, No checks cashed, jut nothing.
My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.
I am also in the same boat called USCIS today ...she asked me to call back in next monday or check daily for checks cashed or not.
Delivery date: Jul 3, 2007 9:03 AM
Sign for by: R.WILLIAM
No receipts, No checks cashed, jut nothing.
My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.
I am also in the same boat called USCIS today ...she asked me to call back in next monday or check daily for checks cashed or not.
diptam
06-22 01:41 PM
Pay stubs talk about CURRENT employment , not FUTURE...
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
>> "No, employment letter is absolutely required...", well, it is not.
You are wrong. How are the pay stubs link to your future GC job. Employment Letter is listed right there on I-485 form as initial evidence.
Do NOT confuse Current Employment Letter with Employment Letter for GC job
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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gapala
05-09 12:30 AM
Guys, when you write to senators/WH/ other officials, Its important to include the reasons for this huge backlog. 1) Wasted visa numbers due to CIS inefficiencies for past decade.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
2) Country quota... I believe the visa waste is more of a problem on their side. Also when you highlight a problem, do not just end with problem, quantify with quoting the visa bulletin's memos and other statistics from ombudsman's report.
Important, include a suggested approach to resolution as well.. which is "Recapture the wasted visa numbers and elimination / fixing the dispropotionate of country quota". This will atleast set the precendence to thought process on the fix.
abrupt and emotional emails would not cut it in this protectionist environment created due to job loss and economy. Just a humble suggestion. We have to be a part of solution to housing problem as well.
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chmur
07-28 12:23 AM
I never said we should keep quiet about it. I was only responding to an earlier post reagarding 'EB2 - elitist protectionism'. Just like you are within your rights to look after yourself, so is everybody else - welcome to capitalism. I have always maintained that going down the road of EB3 versus EB2 is detrimental to this group. Your post only adds to this.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
In anycase I dont know how splitting visas equally between EB2I and EB3I can pass the smell test even if DOS were to implement it - there is a categorization that is already established AFTER the initial handout is made on an equal basis. The split completely negates it - at least to the extent any EB2ROW spill over is directed to EB3 when EB2 I and C are already retrogressed.
Lets not swear by capitalism but selectively resort to socialism.
Yes, you quoted Visa bulletin which says DOS "may" not to adhere to country limits in distributing spill overs .
is there anything that says that distribution further has to be done in a particular way ??
I have not found any . Probably there is none otherwise DOS could not have gotten away with "vertical" and "Horizontal" flip flops.
In that light every comment about EB*->EB? , failing smell tests are speculative at best.
You are yet to respond to my question of why EB3-I and recapture lobbying efforts cannot proceed simultaneously and How EB3-I lobbying undermines recapture effort.
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vij
06-08 05:45 PM
How long does it take to get the notification letter once checks are cleared
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dontcareanymore
07-28 12:48 AM
1) First of all this is not the response to just the quoted post, but many on the same lines, especially from delax and others.
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
2)I believe that that whole process is so screwed up that it is never fair and never will be. Irrespective of what Eb3s hope for and try , Eb2 folks are going to get their GCs and Eb3s will have to wait until stars align for them.
3) I don't really care one way or other , because what you wish,hope or try to do will have no bearing on the outcome.
<Those who think 2 year EADs are because of your letters , stay in the dreamland - ignorance is bliss >
4) I am really happy for Eb2 folks (No way jealous) , just pissed by some attitude here.
Now that I have the disclaimers out of the way, Here is what I have to say:
Why the heck you never made the argument that "law is law" and "There is no compassion" before law crap when you were retrogressed ?
What happened to what law says , when attempts were made to grab visas from ROW with the same "It is not fair" argument ?
What is the yardstick for EB2 ? It is just what your employer says it is. I know so many in body shops with Eb2 apps while others languish in Eb3 queue.
You can't extend the logic to all EB1 categories. At least in some of the EB categories one has to have published research work in peer reviewed journals.
Will give you an example :
Know some one who came here as postdoc with PHD in life sciences (zoology) and self filed for GC EB1and now runs an Indian grocery just after being in job for less than a year. How do you justify that GC is in the interest of US than a person who is working in a company for 10 years ?
It is true that the original number is broken up equally among all categories but the INA clearly states that if the demand within a category is not sufficient to use up all the visas in that category then the excess should be made available without any regard to country limit in that category. Here's a fact from the July bulletin - not an opinion:
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
I dont buy the argument that length of wait (as implied in the letter) should determine eligibility for approval disregarding the clear categorization established by law AFTER the initial handout is made on an equal basis. I have always maintained that any logic used to justify shifting visas between EB2 and EB3 purely based on the length of wait can also easily be used between EB2 and EB1. The fact that EB1 has never retrogressed does not matter. Unfortunately LAW is an absolute entity - there is no compassionate interpretation in civil and common law.
If a EB3-2002 is approved before EB2-2004 purely based on length of wait and ignoring the categorization after the initial handout then the same logic or rationale can be used to approve EB2-2004 before EB1-2007 by 'holding back' the visa from the EB1 candidate and giving it to EB2.
I dont think either of us is interested in going down the path of EB2 versus EB3 but to the extent this letter implies/attempts to do that, it is detrimental to the functioning of this group. Cheers
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odf
06-14 08:31 AM
I am also on the same boat.Application filled on 5th June still no news,checks have not been cleared yet.
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
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nyte_crawler
05-04 02:56 PM
I believe SKIL is another way of showing that politicians just want to start something to show that they are immigrant friendly. I don't know how far this can go through. My question is this,
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
Does this mean that folks in EB3 pending will be exempted from quota, if they have a Masters from US ?
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ghost
09-23 02:07 PM
It's very selfish of rsharma....shameful!
I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.
I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.
Good luck to all of us!
I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.
I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.
Good luck to all of us!
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snthampi
02-02 07:19 PM
[QUOTE=rbusgc;2310783]
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
Lol.. majority needs reservations ??, in a class of 100 if 50 % are group A, then group has the most chance of getting jobs with the sheer attribute of having numbers to advantage, however if group A is morally corrupt and think that reservation is their birthright, then so be it. They will always suffer with prosecution complex.
I think, people used the reservation system to get their degrees in India should be pushed back in the GC line. What do you all say?
Just kidding :-)
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feedfront
08-26 04:50 PM
I will also suggest guys waiting with their PD current to write to the USCIS Director in DC. I did that; not sure if that worked in my case, but one needs to explore every way of bringing their case to the attention of the management.
Do you have contact info?
Do you have contact info?
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morchu
05-08 03:46 PM
Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.
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ThinkTwice
07-19 06:59 PM
Good job Think Twice.. you are putting your money where your mouth is. :D :D :o
I pledge $200 towards this fund.
I pledge $200 towards this fund.
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willwin
07-28 10:23 AM
How did I miss this thread for 2 days!!!
Delax and other EB2 wonderkids here:
Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.
Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.
There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.
It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.
And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!
There is no law without people.
Delax and other EB2 wonderkids here:
Law is for people and not the otherway around. Law is not like edging on stone (even then the stone can be replaced with a new edging on it) it is like writing on a paper with a pencil that can be erased, altered, rewritten - if required.
Personal sufferings take priority over skills. Be it on political grounds or humantarian grounds. Else, illegal immigration would not have taken the center stage and pushed you smart kids to the floor.
There is no rule that says ALL spill overs would be given to higher category before flowing down to lower category. If that was the case, last 2007, not all categories would have become current - as if there were less than 60K applications pending from EB2 as of June 15th, they wanted to give some to EB3 as well. Nope. Law allowed them to distribute the spill over to ANY category they wish.
It is not insane to issue spill over to EB3 PDs under 2002 and EB2 PDs say 2004 or 2005. But it is insane to issue GC to EB2 PD 2006 (may be 2007 in september if enough VISAs are still pending by 15th of August) and ask EB3 2001 to wait until October. EB2 can have preference but that does not mean they take EVERYTHING.
And one more thing. It is not easy for everyone in EB3 to change over to EB2 even if they are legally eligible. I can give hundred reasons. Few simple reasons, people may not want to leave their current job as it may be an excellent job/organization/career. May not want to leave their current place due to family reasons. Simple, they do not want to go through another GC process after having waited for 7-5 years! Well these are 'human' reasons which you may not understand as (of late) you believe only in law - which in your opinion - what was that - an absolute entity!
There is no law without people.
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sina
08-26 11:02 AM
My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?
Rohan99
10-12 12:42 PM
Whatever bluesky1 said is true...finally they opened our box. Today I called and rep gave me only I-485 receipt number and told me to wait for mail. USCIS likes everyone to wait for every thing......I have no more information but as soon as I get mail I will post all the info.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
3rd july people should call now and I am definite we all were sitting in same box.
What a painful 100 days it was..................hopefully everything is correct on receipt...wait again and see.....
Receipt is from NSC
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
h1techSlave
07-21 08:14 AM
I am quoting the below lines from another post..
"With 11.25 K EB3 members we would have still collected quarter million bucks."
I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?
"With 11.25 K EB3 members we would have still collected quarter million bucks."
I think the above statement is correct. There are 1000s of EB3 I folks in IV and they could have very well contributed a quarter or even a million bucks. My question is, what will happen after that?
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