jayleno
10-28 08:03 PM
I just dropped the letters in the mailbox. Thanks to all the people behind this effort.
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another one
09-29 07:20 PM
To me collateral damage to GC is more acceptable than the same to human life.
On economic front, the only person on either side who truly supports free market policies is Ron Paul. He is the one of the few Republicans who actually thinks about balancing the budget. Tax cuts are ok, only if you back them up with reduced spending, without increasing the national levergage. National debt is now at 100% of GDP (in the company of zimbabwe and jamiaca) , 20-30% of future income tax will go towards paying of the interest on Govt tax. It will definitely crowd out future private investments. Look at the history of national debt, and correlate them to the administrations.
"Supply side" tax reductions of Reagan admin were good but even he increased the debt during his tenure. Leveraging is good for private cos (to certain limit, as we can say from recent developments), but not for Govts, as they do not really do much economically productive activity. Keynesian economists have all been hiding in their basement in the last two weeks.
It is just my belief that Repubs dumb down everything.. from education to how to sell a war or economic plan to people.
On economic front, the only person on either side who truly supports free market policies is Ron Paul. He is the one of the few Republicans who actually thinks about balancing the budget. Tax cuts are ok, only if you back them up with reduced spending, without increasing the national levergage. National debt is now at 100% of GDP (in the company of zimbabwe and jamiaca) , 20-30% of future income tax will go towards paying of the interest on Govt tax. It will definitely crowd out future private investments. Look at the history of national debt, and correlate them to the administrations.
"Supply side" tax reductions of Reagan admin were good but even he increased the debt during his tenure. Leveraging is good for private cos (to certain limit, as we can say from recent developments), but not for Govts, as they do not really do much economically productive activity. Keynesian economists have all been hiding in their basement in the last two weeks.
It is just my belief that Repubs dumb down everything.. from education to how to sell a war or economic plan to people.
GCKaIntezar
05-18 03:57 PM
Hi All-
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.
Thanks in advance.
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
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samcam
06-29 07:02 PM
Folks, first of all don't try to slam me for posting this.. Here is a note that I got from my law firm Paul Hastings.. I am subscribed to their immigration related email.. I got this today.. While this has come as a shock to me, they are still preparing to file my I485.. I did not hear this from my lawyer personally, but only through this newsletter. I will speak to them about this first thing monday morning. Please read the note entirely.. Has anybody else heard about this..
Update on Adjustment Filings for July
Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.
This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.
Update on Adjustment Filings for July
Yesterday, we distributed a Client Alert reporting widespread concern as to the accuracy of the Department of State's (DOS) Visa Bulletin for July 2007 and indicating the possibility that United States Citizenship and Immigration Services (USCIS) may potentially not accept adjustment of status filings for all, or a part, of July. Today, multiple reliable sources have indicated that, as early as Monday or Tuesday of next week, the DOS could issue a revised Visa Bulletin for July 2007. Most likely, some or all of the employment-based immigrant visa categories would again retrogress and may become completely unavailable. The practical impact is that USCIS would almost certainly stop accepting adjustment applications for filing if the revised Visa Bulletin indicates that immigrant visa numbers are not available.
This unexpected development would deviate from many years of agency practice. It would be devastating for companies and foreign national employees who have relied, as they are entitled to do, on the July Visa Bulletin and were anticipating the filing of adjustments throughout the month of July. We have initiated a concerted effort to aggressively address this unprecedented situation through the highest levels of the Department of Homeland Security (DHS) and the DOS. We are joined in this effort by many other organizations, and we are engaging congressional offices for assistance. Many have already agreed to speak with DHS and DOS. We will keep you updated.
more...
SunnySurya
08-29 01:47 PM
Note:
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
But we are following up on other avenues.
This Lawsuit Idea is on hold for the following reasons:
a) Not enough interest in the affected parties
b) Cost of the litigation would be upwards of around 30K
c) The counsel has recommended to hold discussions with USCIS official first and give them sufficient time to respond to our concerns.
But we are following up on other avenues.
pakrish
08-17 11:01 AM
Hi pakrish, similar situation here. My wife's gc has the gender mentioned incorrectly. From what I've researched, we need to file for I-90 and choose option D - correction in green card. There are no fees required as it's a USCIS mistake but the original card needs to be sent with the form.
Thanks ..So do you have any idea about how long USCIS takes in this situation to complete the name change?
Thanks ..So do you have any idea about how long USCIS takes in this situation to complete the name change?
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endlessloop
06-21 11:29 AM
Everybody here is on common grounds. We are all in this forum to help each other with only one objective: to obtain our green cards. There is no need to make assumptions to make each other feel bad. With all we have to go through with the retrogressions and whatever comes with it, this is the last thing we need. AND...No, sorry to disappoint you but I am not in the country illegally and I don't intend to commit fraud... is that clear?????????
I am not trying to make you feel bad. I am just cynical about the new "amnesty" program that is being proposed. Someone who has been here illegally gets priority over someone who has been here legally for a longer time!
I am not trying to make you feel bad. I am just cynical about the new "amnesty" program that is being proposed. Someone who has been here illegally gets priority over someone who has been here legally for a longer time!
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Sri_1975
06-22 12:13 PM
Hi Guys any updates..
more...
gk_2000
04-04 07:29 PM
You are kidding right. I currently has - 20,000 points. So that would mean 20 k IV members did not like what i stated and yes that is 20 k within a week :D:D:D
I occasionally happen to say something they like to hear. I may criticize, but I try to appreciate where it is warranted. World doesn't run by criticism alone.
The plus point with you is, you never use abusive language and your arguments (at least for the most part) look sane and rational. I wish more intelligent people would interact with you so that the discussion results in some good knowledge being produced.
Apart from that, what I dont understand is that you say that unless spillover is fixed not even visa recapture can help EB3i. Are you familiar with the numbers for this?
I occasionally happen to say something they like to hear. I may criticize, but I try to appreciate where it is warranted. World doesn't run by criticism alone.
The plus point with you is, you never use abusive language and your arguments (at least for the most part) look sane and rational. I wish more intelligent people would interact with you so that the discussion results in some good knowledge being produced.
Apart from that, what I dont understand is that you say that unless spillover is fixed not even visa recapture can help EB3i. Are you familiar with the numbers for this?
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yagw
08-16 01:13 PM
Landed in this country on Aug-16-1997 for Masters. Today myself and my wife both got CPO mail/text message. Thanks IV community and good luck to all. I will be doing my part to make this system better!!!
Details:
PD: 04 Jan 2006, EB2 I
RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
ND: 27 Aug 2007, NSC
Didn't do anything in 2008 and decided to do everything possible this time around.
Aug 3 - Primary I-485 SR,
Aug 5- Primary EAD SR,
Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
Aug 10 - Opened an Infopass for Aug 18
Aug 16, 8:30 am - Dependent SR
Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
Aug 16, 10:15 am - Wife called me to inform the good news, the online status change.
Aug 16, 10:18 am - got the text message (which just said "check your status online").
Aug 16: Got the CPO mail (time stamped 10:18am)
Guys (and Gals), Hang in there and you will have your independence soon.
Regards,
Yet Another Greencard Wait (not anymore :)
Details:
PD: 04 Jan 2006, EB2 I
RD: 07 Jul 2007, TSC (I-140 was with NSC, but the attorney sent it to TSC in the july 2007 fiasco)
ND: 27 Aug 2007, NSC
Didn't do anything in 2008 and decided to do everything possible this time around.
Aug 3 - Primary I-485 SR,
Aug 5- Primary EAD SR,
Contacted Congress Woman on Aug 9 - Didn't get any useful info. I think, being in bay area, they might have been flooded with these requests.
Aug 10 - Opened an Infopass for Aug 18
Aug 16, 8:30 am - Dependent SR
Aug 16, 9:30 am - Called the customer service for primary's status - got the standard response that they sent a mail (which i didn't get) asking me to wait for 60 days.
Aug 16, 10:15 am - Wife called me to inform the good news, the online status change.
Aug 16, 10:18 am - got the text message (which just said "check your status online").
Aug 16: Got the CPO mail (time stamped 10:18am)
Guys (and Gals), Hang in there and you will have your independence soon.
Regards,
Yet Another Greencard Wait (not anymore :)
more...
anilkumar0902
08-19 01:15 PM
Yes. Indeed you are approved..Congrats.
I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?
PD: 10-Feb-2006 (EB2)
Opened SR on 08/03
SR response on 08/18 - Your case is currently under review by an officer.
Current 485 Status:
Your Case Status: Decision
On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?
PD: 10-Feb-2006 (EB2)
Opened SR on 08/03
SR response on 08/18 - Your case is currently under review by an officer.
Current 485 Status:
Your Case Status: Decision
On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
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MeraNaamJoker
08-18 03:20 PM
On Aug 17th the message changed to "On Aug 16th Card Production Ordered...."
when should I expect the card in mail?
For me and my family, it took exactly 11 days for the cards to arrive after the CPO mail.
6 days from CPO mail I got the Welcome Notice or Approval notice.
when should I expect the card in mail?
For me and my family, it took exactly 11 days for the cards to arrive after the CPO mail.
6 days from CPO mail I got the Welcome Notice or Approval notice.
more...
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stuck_here
02-08 04:11 AM
1-2 weeks if u r unlucky, 1-2 months if u r extremely unlucky, 2+ months if u r as unlucky as me !!
:mad:
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
:mad:
On FEb 4th my wife and myself went for H1-B visa renewal interview at Chennai Consulate. Both visas got approved. My wife passport was returned with in 3 days. It seems they have found her petitition online. My passport stuck with consulate. I called consulate today, and they have asked me to call back next week end. She said they were not able to locate my petition online.
How long it can take? 1 week or 2 weeks or 1 month? Please provide your experiences for those passports took more than 3 days. I have seen max 1 month in the forum.
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mamit
02-08 01:41 PM
Hi guys..
Do you think I can withdraw my H1 application and go to a different consulate and apply again ?
In case you havent seen my posts befre, I have been stuck due to PIMS for 56 days !
Thanks for the help !!
I had my interview for an H1-B at N. Delhi consulate on December the 5th, 2007. The consulate officer told me it needs administrative processing and gave me a pink slip. I was also told that it may take anywhere from few days to 7-8 weeks. Today is February the 8th, 2008, and am still waiting on my visa. So if its any consolation to you stuck_here, I'm stuck here for almost 65 days now. Given that I have a PhD in Chemical Engineering, I might have fallen under the Technology Alert List, but, still, the wait time seems ridiculous. Any ideas from anyone about if there is anything I can do on my part to expedite the matters? Thanks.
Do you think I can withdraw my H1 application and go to a different consulate and apply again ?
In case you havent seen my posts befre, I have been stuck due to PIMS for 56 days !
Thanks for the help !!
I had my interview for an H1-B at N. Delhi consulate on December the 5th, 2007. The consulate officer told me it needs administrative processing and gave me a pink slip. I was also told that it may take anywhere from few days to 7-8 weeks. Today is February the 8th, 2008, and am still waiting on my visa. So if its any consolation to you stuck_here, I'm stuck here for almost 65 days now. Given that I have a PhD in Chemical Engineering, I might have fallen under the Technology Alert List, but, still, the wait time seems ridiculous. Any ideas from anyone about if there is anything I can do on my part to expedite the matters? Thanks.
more...
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greencardvow
07-31 04:30 PM
You can withdraw an existing 485 application once you get Receipt No. Just write a letter to USCIS asking them to withdraw your 485 application stating the reason for withdrawl.
Sorry for the layman's question, but is there an established process for revoking an AOS application? Thanks for your input!
Sorry for the layman's question, but is there an established process for revoking an AOS application? Thanks for your input!
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mdy_tvr
05-07 04:45 PM
Guys,
My current situation is that my wife and I applied for 485 separately.
my wife's PD is 2007 ( 485 applied in Aug 2007 )
I applied for 485 in Oct 2007, Since my PD is 2003 and is current as of now ( my 140 is pending ), I talked with our companys lawyer on what options do I have with regards to my wife's 485.
My lawyer suggested 2 options.
1. File 485 again for my wife as a spouse derivative. As per lawyer, this is very common and has experienced with these kind of situations.
2. Instead of filing a second 485 for my wife, just write a request letter to move her pending 485 to my 485 as a derivative. If this porting is successful, she cannot move back to her own 485.
I know some of us have gone with option#(1), but since option(2) involves very less paper work, did any of you have used this option so far?
I am confused as to which one to choose. My lawyer spelled diplomatic when asked about which option is better/safer:-)
Thanks
mdy_tvr
My current situation is that my wife and I applied for 485 separately.
my wife's PD is 2007 ( 485 applied in Aug 2007 )
I applied for 485 in Oct 2007, Since my PD is 2003 and is current as of now ( my 140 is pending ), I talked with our companys lawyer on what options do I have with regards to my wife's 485.
My lawyer suggested 2 options.
1. File 485 again for my wife as a spouse derivative. As per lawyer, this is very common and has experienced with these kind of situations.
2. Instead of filing a second 485 for my wife, just write a request letter to move her pending 485 to my 485 as a derivative. If this porting is successful, she cannot move back to her own 485.
I know some of us have gone with option#(1), but since option(2) involves very less paper work, did any of you have used this option so far?
I am confused as to which one to choose. My lawyer spelled diplomatic when asked about which option is better/safer:-)
Thanks
mdy_tvr
more...
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satyasaich
01-10 09:48 AM
Subject: From the office of Congressman Todd Akin
Date: Tue, 10 Jan 2006 10:25:23 -0500
Thank you for contacting me and expressing concern regarding
immigration.
As you are aware, the massive influx of illegal aliens is one of the
most important issues confronting our nation. According to the Center for
Immigration Studies, there are at least 8 million illegal immigrants in
the United States. The United States Census Bureau estimates that the
illegal population in the United States grows by at least 500,000 per
year. All Americans have good reason to be concerned about this issue,
given the dynamics of assimilation, language and employment raised by
illegal immigration.
Amnesty proposals and guest worker permits are just some of the options
that Congress currently is considering. Another possibility is the H2B
Working Visa, which allows foreign nationals to enter the United States
temporarily to meet a one-time need in non-agricultural employment.
This is a good option, but I would not support H2B visas whose provisions
could not be enforced strictly and were not offset by immigration
cutbacks in some other area.
The problem with most of the options before us is that they do not deal
with the fundamental problem at hand: Millions of immigrants have
entered the country illegally. When we can establish firm, thorough and
effective enforcement measures we can better address the appropriate level
and need for H1 and L1 visas.
Border control is essential for our economic and physical security. I
appreciate your deep concern with this issue, and will keep your
thoughts in mind as Congress considers our legislative options.
Again, thank you for contacting me. Feel free to contact me again if I
might be of assistance in the future
----------
Indeed i approached him specifically for backlog reduction and other important features (similar to those in S1932 Sec8001) but i got the above response.
Anyway, one thing is very clear: We need to increase efforts in a much productive manner to clearly emphasise on legal immigration which is broken & SHALL NEVER be kept in the same tray of illegal immigration
Date: Tue, 10 Jan 2006 10:25:23 -0500
Thank you for contacting me and expressing concern regarding
immigration.
As you are aware, the massive influx of illegal aliens is one of the
most important issues confronting our nation. According to the Center for
Immigration Studies, there are at least 8 million illegal immigrants in
the United States. The United States Census Bureau estimates that the
illegal population in the United States grows by at least 500,000 per
year. All Americans have good reason to be concerned about this issue,
given the dynamics of assimilation, language and employment raised by
illegal immigration.
Amnesty proposals and guest worker permits are just some of the options
that Congress currently is considering. Another possibility is the H2B
Working Visa, which allows foreign nationals to enter the United States
temporarily to meet a one-time need in non-agricultural employment.
This is a good option, but I would not support H2B visas whose provisions
could not be enforced strictly and were not offset by immigration
cutbacks in some other area.
The problem with most of the options before us is that they do not deal
with the fundamental problem at hand: Millions of immigrants have
entered the country illegally. When we can establish firm, thorough and
effective enforcement measures we can better address the appropriate level
and need for H1 and L1 visas.
Border control is essential for our economic and physical security. I
appreciate your deep concern with this issue, and will keep your
thoughts in mind as Congress considers our legislative options.
Again, thank you for contacting me. Feel free to contact me again if I
might be of assistance in the future
----------
Indeed i approached him specifically for backlog reduction and other important features (similar to those in S1932 Sec8001) but i got the above response.
Anyway, one thing is very clear: We need to increase efforts in a much productive manner to clearly emphasise on legal immigration which is broken & SHALL NEVER be kept in the same tray of illegal immigration
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485Mbe4001
08-20 07:52 PM
I am guessing that we are on our own on this, it will be an unnecessary headache for them. if they go ahead with any movement on this issue EB 2's will get pissed off, if they dont respond positively then the EB3's will react negatively
We can try on own by posting your question on the website of different immigration lawyers, who knows, they might have an opinion or can suggest a direction.
Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
We can try on own by posting your question on the website of different immigration lawyers, who knows, they might have an opinion or can suggest a direction.
Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
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whitecollarslave
01-11 02:31 PM
Guys the race is on! Anti immigrants are onto our campaign. see this link!
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
http://www.alipac.us/ftopict-97988.html
Are you ready for the showdown? Lets send as many letters as we can!!
I don't understand where is the conflict here. The website above - ALIPAC - is "Americans for Legal Immigration". From what I read in their website, they want to stop illegal immigration and they support legal immigration. Unless they have a hidden agenda, they should be supporting IV's letter campaign.
How is this in conflict? Am I missing something?
pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
wolfsappi
06-29 05:13 PM
could any organization be more incompetent than USCIS. This is unreal