nixstor
02-11 04:23 PM
Thanks for the comments. Its not my assumptions, it is the law.
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
Please checkout how the spillovers between EB and FB are arrived. Here is the link
http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html
My 0.02
mpadapa,
Thats a good analysis. As you noted EB-2 India got only 14K visas as opposed to other predictions of 30-32K visas. I have long said that the variable here is how EB1 and EB-2 ROW demand numbers. A lot of folks assumed that all the spill over will end up in the EB-2 I/C lap. It does not as long as there is no retrogression across the entire EB-2 category severely, making the old PD golden (this is not going to happen) or there is very less demand for EB1 and EB2-ROW numbers.
While I agree with your analysis, I feel that the number of employers/applicants filing for Labor/140/485 has started a downward spiral in 2008. This means lesser demand for EB1 and EB-2 ROW numbers making the numbers available to EB-2 I & C. Again, it is very well possible that there are just enough number of people from both Eb1 & EB-2 ROW categories left & entering in the system to deny the numbers to EB-2 I & C. Unless the state of the economy continues like this, shedding 600K jobs in one month, equal to number jobs in the state of Maine, we can't say that EB-2 I & C can become close to current or leap into 2007 and beyond. Then we might be current and have a GC but the economic situation would be so worse that people don't care for GC. God Forbid we have to see that and lets hope and pray that the Stimulus will resuscitate the economy
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Devils_Advocate
05-19 09:12 PM
They should have a system like they have in UK, where they straight-away grant permanent residency to any international graduate from a list of top universities compiled by them.
nogreen4decade
07-16 06:27 PM
No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.
President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?
Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
Can you explain how this new law protects American citizens?
President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?
Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
Can you explain how this new law protects American citizens?
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anura
04-29 03:47 PM
Sure. I guess most of us would rather worry about such stuff on a weekend, considering our immigration options here.
Yep, I am more interested in the next 40 minutes when USCIS might release the inventory. :(
Yep, I am more interested in the next 40 minutes when USCIS might release the inventory. :(
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anshal
12-30 10:04 AM
My received date is July 3rd for 485, I140 approved July 18, notice date June 26, 07. for AC21, Is my safe date Dec 30th or Dec 31st. Should I be working on the 31st December for current(485) employer or I am safe today?
rickys_in
07-02 04:09 PM
$3000 (Including medical, filing fees, birth certificate, fedex etc)
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Sakthisagar
10-28 02:33 PM
"Sakthisagar", get you facts right, supreme court of india ruled that "Hinduism represented a way of life", and funny thing is you are talking about unity, check your posts, if someone disagrees with you you start talking BS about that person, tonyHK12 being an atheist for me does not imply anything -ve about him,
Sujan vatarapu you are a baby here. you just believe what ever supereme court says! it is influenced by politicians, and the so called minority community in India. So if you dont know dont argue. I never said anything -ve about athiest, I said they are denying themselves by claiming as an atheist. that is about it. When you point a finger three of your own fingers are pointing towards you Please understand that.
Sujan vatarapu you are a baby here. you just believe what ever supereme court says! it is influenced by politicians, and the so called minority community in India. So if you dont know dont argue. I never said anything -ve about athiest, I said they are denying themselves by claiming as an atheist. that is about it. When you point a finger three of your own fingers are pointing towards you Please understand that.
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meridiani.planum
06-05 04:01 AM
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?
Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...
July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?
Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...
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americandesi
10-11 05:56 PM
One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
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GCBy3000
05-22 04:04 PM
I came to US in 1999 and for a month I did not get paid. I switched to another company and they filed me new H1 instead of transfer. From then, every H1 transfer I need to provide lots of documents to attorney and answer several RFE's for each h1 transfer. Being out of status(not illegal) concerend me a lot but now being illegal is the better than being out of status.
Having paid taxes for all the eight years and playing by rules does not help in America. It is so ironical now to see how legal people are digging their way back in time to find a period for which they wanted to be stamped illegal. All these days legals tried to cover up, but they are now PROUD and HAPPY to find such periods. The WORST is the poor fellows who have not even stayed illegal/out of status and played by rules 100%.
GOD BLESS AMERICA. Becoming illlegal is very easy, but if you want to be legal and get the GC, then it this is not the land.
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
Having paid taxes for all the eight years and playing by rules does not help in America. It is so ironical now to see how legal people are digging their way back in time to find a period for which they wanted to be stamped illegal. All these days legals tried to cover up, but they are now PROUD and HAPPY to find such periods. The WORST is the poor fellows who have not even stayed illegal/out of status and played by rules 100%.
GOD BLESS AMERICA. Becoming illlegal is very easy, but if you want to be legal and get the GC, then it this is not the land.
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
more...
Devils_Advocate
05-19 09:12 PM
They should have a system like they have in UK, where they straight-away grant permanent residency to any international graduate from a list of top universities compiled by them.
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conchshell
07-25 12:53 PM
Because you are a man and you are from Mars. Men are that way .. they always live in future and somehow completely forget that its the present that they need to live fully and enjoy to the maximum extent. Women live more in present and that's why you will see very few of them stressing themselves out on these forums.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
My wife always reminds me this. According to her, its ok to read forums and keep yourself updates with what's going on ... but don't get to much into it, otherwise you will loose your peace of mind.
So I have found my own way ... I am completely into these forums and no matter how hard I try I can not escape from it (you remember.. I am from Mars ... worrying about future is my nature ... so after I get my GC, I will find next topic to worry about ... may it will be abut the US economy or may be how my son's future shapes up), but at the same time I try to convert my frustration to a positive energy by thinking new ways to solve the problem, and contributing them to various forums at IV.
I think you have reached to a state, where you feel disturbed. I would recommend that contribute to IV in a positive manner .... it may be ideas, money, support, organizational work or any other thing. I think this is the only way you can recover from this GC Depression.
more...
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wellwishergc
04-12 07:57 AM
Thanks werc, for this posting.. It makes things very clear!!!
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
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Aah_GC
07-25 11:19 AM
A lot many can empathize with you. But if you are looking for relief - you ought to take responsibility for how you feel. You already understand the forces of nature - you will get your GC when it's your time. If anything your needless frustration and forceful attempts are only interfering with the energies that have made your PD current.
Just relax - get some exercise, eat well and participate in things that lift your soul.
Good luck!
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Just relax - get some exercise, eat well and participate in things that lift your soul.
Good luck!
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
more...
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gps001
06-26 04:02 PM
Hi,
Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?
ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Did you get a response for the question? If you already have a valid AP, or a valid H1-B visa, would this still apply?
ie, if you have a valid AP, or a valid H1-B (stamping), can you return back to the country if there is a pending AP application?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
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ssdtm
12-12 01:35 PM
For EB3, 16 days are not significant. But what is significant that there were many 245(i) cases. Around 26,000 alone from April 26 to April 30. So crossing that barrier is a significant move.
While this generates some hope, one should note that PBEC and DBEC are giving ads most of which in high probability 245(i) cases. Does that mean while labors are being cleared, dates have moved without taking into account that when recruitment instructions are done for such cases, they will be in the queue. If that happens, EB3 instead of moving forward will move backwards.
Not a pessimitic view, but based on logic.
While this generates some hope, one should note that PBEC and DBEC are giving ads most of which in high probability 245(i) cases. Does that mean while labors are being cleared, dates have moved without taking into account that when recruitment instructions are done for such cases, they will be in the queue. If that happens, EB3 instead of moving forward will move backwards.
Not a pessimitic view, but based on logic.
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thankgod
05-11 02:18 PM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
Its your stupidity to talk like this.
Then what about the people who want to immigrate legally and stand in the line for many years.
If they do pass DREAM Act now, the same thing will releat again in 2016 or 2020 .
The solution is really to deport all the illegal immigrants and to tighten the borders.
We are the one who is paying taxes and every year and thousands of dollars insurance.
If you do them legal (Young Illegals). simply, they will collect their Food stamps and their unemployment wages happily.
See to improve the economy really , they need to give the green cards to young talented legal people. then people like me and you will buy a home here with out any fear. You dont send money any more to your own country.
Think twice before you give a statement.
I totally disagree with you.
Its your stupidity to talk like this.
Then what about the people who want to immigrate legally and stand in the line for many years.
If they do pass DREAM Act now, the same thing will releat again in 2016 or 2020 .
The solution is really to deport all the illegal immigrants and to tighten the borders.
We are the one who is paying taxes and every year and thousands of dollars insurance.
If you do them legal (Young Illegals). simply, they will collect their Food stamps and their unemployment wages happily.
See to improve the economy really , they need to give the green cards to young talented legal people. then people like me and you will buy a home here with out any fear. You dont send money any more to your own country.
Think twice before you give a statement.
I totally disagree with you.
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lost
11-11 09:09 AM
Will it be on Friday?
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pcjandyala
08-05 11:08 PM
Please see the signature
maximus777
07-13 04:19 PM
Definite. My journey was worth it, even considering all the diffiulties. In India, I had a flourshing practice and when I was planning to go to US, my friends will call be a "fool".
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
Excellent!! Congrats and glad that it all worked out for you.
However, looking back, I think I made a wise decision. I have a very good academic job, for which I am proud of. My wife has a very respectable job, which she could not have done there. My kids are much more independent and mature and have more opportunities in terms of education, jobs, travel etc. My health is far better here (I was allergic to dust and had athma). I have more time to enjoy sports and travel. Most of my immediate family is in US.
In nutshell, YES, I did the right thing.
Excellent!! Congrats and glad that it all worked out for you.
bidhanc
12-22 03:29 PM
Sorry partner, I was just sharing info.
Did not mean to imply you were wrong in any way. :-)
I merely posted what was on their website. Don't shoot the messenger....
Did not mean to imply you were wrong in any way. :-)
I merely posted what was on their website. Don't shoot the messenger....