longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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10dulkar
09-27 10:02 PM
look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
Go Figure!
Go Figure!
gc_check
03-29 07:18 AM
Moderators, Can this thread be moved to member only section and require a login to read the posts, Do see in some posts, some folks had explicitly mentioned the names and offices IV had approached... Wouldn't it give a lead to anti-immigration activist?
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Sheila Danzig
04-19 11:13 AM
There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.
Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.
There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.
I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.
more...
nozerd
04-13 11:35 AM
This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
saimrathi
07-06 03:10 PM
Please close this thread.. Info has been posted elsewhere already
more...
sravani
05-22 04:33 PM
This date is for those people who try to ebcome illegal ( like us , now we are thinkign to become one). Now you cant become illegal becos of this cut off date.
:) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D
:) We should find out a way to convince them we worked illegally for cash before Jan 1, 2007. Some one suggested before if we can find another H1B provide an affidavit that he/she did some lawn work at the house both of them will become eligible for the mighty 'Z' visa :D
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cram
10-11 12:30 AM
Does anybody know what is going on with USCIS? I hope it is nothing to be concerned about.
more...
vina92
12-06 05:28 PM
Nicely said! You just reminded us, what all of us often forget, that we are Indians by birth and are here for various personal/professional reasons.
I always wondered how NRIs end up comparing both countries.USA and India are in different stages of evolution. Remember India attained independence only in 1947 unlike USA which had independence since 200plus years.
Being such a young country and depleted of most of it's rich natural resources by constant invaders for centuries together, it is just gathering it's strength back.
Progress in India is palpable at every level of society compared to a decade or two back. But burdened with heavy population, it's trying to turn it's weakness into a strength! The very fact that we hear India's name all the time in various news channels and especially CNBC makes me think that world is noticing!
So many of us are so confident to live anywhere in the world with the education we recieved in India.
It's OK to praise other countries for what they achieved but please don't belittle India. I don't see anyother countrymen being cynical about their country of birth like we Indians!!
Jai Hind!
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
I always wondered how NRIs end up comparing both countries.USA and India are in different stages of evolution. Remember India attained independence only in 1947 unlike USA which had independence since 200plus years.
Being such a young country and depleted of most of it's rich natural resources by constant invaders for centuries together, it is just gathering it's strength back.
Progress in India is palpable at every level of society compared to a decade or two back. But burdened with heavy population, it's trying to turn it's weakness into a strength! The very fact that we hear India's name all the time in various news channels and especially CNBC makes me think that world is noticing!
So many of us are so confident to live anywhere in the world with the education we recieved in India.
It's OK to praise other countries for what they achieved but please don't belittle India. I don't see anyother countrymen being cynical about their country of birth like we Indians!!
Jai Hind!
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
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veeyes2009
02-14 10:25 AM
After reading your posts i checked my cases online and LUD changed on 02/10 (Mine) & 02/13 (my wife) too for the first time since they are filed .... Both cases start with LIN xxxxxxxx & both are at NSC, EB3-I, PD March 2005. We have given FP twice so far once after filing the cases and other when we applied for EAD/AP extensions.
No emails though .... Not sure what they are checking or updating ...
Hoping for the best like you all ... good luck. Please share if you have any updates
No emails though .... Not sure what they are checking or updating ...
Hoping for the best like you all ... good luck. Please share if you have any updates
more...
GCaspirations
10-03 10:36 PM
This trend of cases filed at NSC and transferred to CSC and then back to NSC have not received FP notices yet.
Intrestingly, the cases being transferred from NSC to CSC and then going to TSC are getting the FP notices. Sparky_jones got it. I just read above that one other persons went to there too. Please update us when you receive the FP notice and I am sure you will receive it soon.
I am trying to track FP notices. Please visit this thread.
http://immigrationvoice.org/forum/showthread.php?t=13640
Sorry the link is not working anymore. Looks like the administrators do not want us to track this.
Intrestingly, the cases being transferred from NSC to CSC and then going to TSC are getting the FP notices. Sparky_jones got it. I just read above that one other persons went to there too. Please update us when you receive the FP notice and I am sure you will receive it soon.
I am trying to track FP notices. Please visit this thread.
http://immigrationvoice.org/forum/showthread.php?t=13640
Sorry the link is not working anymore. Looks like the administrators do not want us to track this.
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preetianu
01-31 01:45 PM
Also I heard a rumor that they are going to allow filing of i-485 for review first and then let you wait for the visa number. Hope it is true!
And where did you hear this rumor from :D :D don't start romors on the forum.... Nothing is happening.
And where did you hear this rumor from :D :D don't start romors on the forum.... Nothing is happening.
more...
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eilsoe
02-03 07:35 AM
Aww get off it, I'm not trying to be mean...!
I just missed the damn file... I'll change it now then...
EDIT: It's changed now. but FYI, I used THE SAME pic in the poll as the one I just changed it to. So either my IE is ****ed up (BIG surprise :)) or ghosts are haunting this forum...
I just missed the damn file... I'll change it now then...
EDIT: It's changed now. but FYI, I used THE SAME pic in the poll as the one I just changed it to. So either my IE is ****ed up (BIG surprise :)) or ghosts are haunting this forum...
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eb3_nepa
06-28 10:34 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
EVEN MORE REASON to rush and file before the USCIS stops accepting applications.
rajakannan, you seem to be talking out of ur hat.
more...
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rweworld1
08-12 09:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
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sanbaj
08-01 10:39 AM
Hi Sanbaj,
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
Thanks for your appreciation. Glad that I could help.
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
Thanks for your appreciation. Glad that I could help.
more...
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gcseeker2002
03-03 03:23 PM
This is probably somebody playing a prank or worse somebody trying to cheat you...cannot imagine how though.....
We cannot assume anything till the OP comes back and lets us know what happened.
We cannot assume anything till the OP comes back and lets us know what happened.
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jgh_res
06-27 04:47 PM
Nice take on the situation.
I am very surprised about the requests for cheap photos !!! What a pity.
We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.
Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.
I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.
Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.
Just my 2 cents though. May be I am extra cautious because I got burned once :)
I am very surprised about the requests for cheap photos !!! What a pity.
We were ready to spend thousands of dollars just a month ago just to have the ability to apply for I485, but when you get a chance , try to save a few dollars and risk an RFE , delay in processing or even denial.
Walmart photos suck , so are CVS photos. I had them take my pictures in the past. Never used the walmart ones and CVS photos got rejected for visa revalidation. They used Polaroid camera at walmat and they were not good at all.
I took them at Macy's studio , costed me about $30 for 6 copies but they are great. Please choose a professional studio, $20 extra dollars are worth every penny.
Some one mentioned about saving $20 and have a dinner. I would rather have peace of mind knowing my pictures are good enough for USCIS than have a $20 dinner.
Just my 2 cents though. May be I am extra cautious because I got burned once :)
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ursosweet
07-19 01:58 PM
my sincere advice to you, being a physician myself.
TB test needs min of 48 hrs to be read and if positive, you HAVE to do a chest x-ray. the immunizations are ok.
get her here on the next flight and get the medical done nxt week.
i had my medical on june 26 and i had to literaaly storm the office of the doctor to get my report done, and i mailed to my attorney......oh i can never forget that day!! it was a race against time. and am glad its over.
good luk
TB test needs min of 48 hrs to be read and if positive, you HAVE to do a chest x-ray. the immunizations are ok.
get her here on the next flight and get the medical done nxt week.
i had my medical on june 26 and i had to literaaly storm the office of the doctor to get my report done, and i mailed to my attorney......oh i can never forget that day!! it was a race against time. and am glad its over.
good luk
Aah_GC
12-18 11:24 AM
Guys, Just wondering if I would need a copy of my Perm and I140 while invoking AC21. I do have a copy of the I140 but my desi employer would not support me in any way. Please let me know.
desijackass
07-13 06:44 PM
i think its great that you made a contribution as soon as you got your green card. Most people would have just removed themselves from this forum and not bothered. Thank you.
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