indyanguy
01-22 10:10 AM
So, if there are 400k pending applications and recapture can get us 215K, has anyone done some analysis on how the 215k will be divided among countries and categories?
Will this make EB2I current and EB3 I beyond say 2005?
Will this make EB2I current and EB3 I beyond say 2005?
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hopefulgc
03-31 10:48 AM
Hopefully EB3 should see some movement in this bulletin
nrk
08-11 01:01 PM
PD = Date on which your labor application received.
My 140 says it is the date on which my labor application received. i believe it is the case with all.
Please contact USCIS to get that corrected.
Can some one clarify if the PD is based on the day labor application was received or the day it was approved?
My I140 states it as the day it was approved.
My 140 says it is the date on which my labor application received. i believe it is the case with all.
Please contact USCIS to get that corrected.
Can some one clarify if the PD is based on the day labor application was received or the day it was approved?
My I140 states it as the day it was approved.
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DDash
07-18 10:07 AM
Hi,
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Ask her to come back to USA, get married in USA. You have plenty of time to make this happen. Personal reasons aside, you are in a way better situation that most others (including myself). Good luck!
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Ask her to come back to USA, get married in USA. You have plenty of time to make this happen. Personal reasons aside, you are in a way better situation that most others (including myself). Good luck!
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bkarnik
06-13 03:18 PM
pg. 53:
"There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years."
"There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years."
chanduv23
10-02 02:42 PM
^^^^^^^^^^^^^
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hsingh82
10-02 12:22 PM
In 2005 my first kid got an OCI as the rules were diiferent then but in 2009 the current rule is that one parent MUST be a US citizen and I had to take a PIO for my second kid in 2009.
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
Following is from the FAQ`s of Indian consulate at SFO
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
2010 posted on 28-3-2011 ♥ 9 notes
ganguteli
03-22 11:39 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
Legals do not need to be legalized. They are already legal. Legals need to be permanentized. (I like this new word)
You have not read the entire bill and fully understood it. You are just picking up a small portion and making judgment.
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Daisy
10-12 02:50 PM
Sent emails to letters@economist.com and submit_help@aaas.org
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Jaime
10-05 12:45 PM
Dear Sir/Madam:
Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�
This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.
Sincerely:
Thank you for your attention. This is in regards to your online edition article today �Republicans Rev up for Economic Debate�
http://online.wsj.com/article/SB119154966904949270.html?mod=googlenews_wsj
In your article the writer makes a link between high-skilled workers and illegal aliens by talking about the two groups in the same paragraph, thus conveying to the average reader that the two are connected, and/or that high-skilled workers are illegal yet �must be retained�
This is misleading in extreme. High-skilled workers are in the U.S. on Legal visas that are sponsored by their employers. These visas are issued to limited numbers of foreigners in areas where no American workers have been found. These legal workers have to go through grueling government �labor certifications� and extreme waits and red tape just to perform their work, which usually includes U.S. patents and successful start-ups. I urge you to make a correction or an errata to this article which is probably an honest mistake, but which is very unfair, misleading and just plain untrue. Thank you once more.
Sincerely:
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pappu
01-21 08:27 PM
FY EB1 EB2 EB3
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.
If it helps we can bring some good statistics experts on board to analyze the data we will have on our tracker and from USCIS. This will give us better estimates on movement of dates and how everything is currently being processed. let us know what you think or if you have any other ideas.
To do this it is important that we all input our data in IV tracker. Soon some more features will be added to the tracker and we will make it really robust easy to analyze. Could everyone help spread the word about the tracker so that everyone can come to IV and input their dates.
2003 1,266 8,536 10,647
2004 2,998 16,262 19,889
2005 6,336 16,687 23,250
2006 3,156 3,720 3,006
2007 2,855 6,203 17,795
2008 5,327 14,819 3,576
21,938 66,227 78,163
Going forward, EB3 would be in 3000 to 4000 range unless we come together as a force and act.
If it helps we can bring some good statistics experts on board to analyze the data we will have on our tracker and from USCIS. This will give us better estimates on movement of dates and how everything is currently being processed. let us know what you think or if you have any other ideas.
To do this it is important that we all input our data in IV tracker. Soon some more features will be added to the tracker and we will make it really robust easy to analyze. Could everyone help spread the word about the tracker so that everyone can come to IV and input their dates.
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frostrated
07-06 12:02 PM
What is the benefit of applying for an OCI card for the kids and how long does this process take?
the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.
the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.
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Green_Always
07-01 01:53 PM
Our Indian Media says as follows :
Did Obama really Pledge on this ??? I dont know.
Barack Obama pledges to fix the broken immigration system
Barack Obama pledges to fix the broken immigration system - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Barack-Obama-pledges-to-fix-the-broken-immigration-system/articleshow/6116661.cms)
Did Obama really Pledge on this ??? I dont know.
Barack Obama pledges to fix the broken immigration system
Barack Obama pledges to fix the broken immigration system - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Barack-Obama-pledges-to-fix-the-broken-immigration-system/articleshow/6116661.cms)
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hebron
04-21 07:26 PM
Yes, my Bachelor and Master's are in same/related discipline. I think you can use any education evaluator but make sure that are aware of Indian Education System. We have responded to the RFE. I will post the outcome for the benefit for all.
Thank you very much!
Thank you very much!
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capriol
06-29 02:48 PM
Friends, my AP renewal was received by TSC on June 7th (the receipt notice says that), but the on-line status check still says Initial Review. Any body in the same boat waiting with a June 7 receipt date still pending/Intial Review? Or has your case been approved as of that date? Please let me know.
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chanduv23
02-23 02:11 PM
Chandu, my question is not whether HR dept can handle it properly or not.
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made
My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.
Coz until he finds a job and files for AC21 an applicant does not do any thing.
And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
"f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."
Chandu, thanks for at least answering my question.
Good luck for you!
EAD IS NOT A STATUS. EAD is given because you filed 485 and you are pending AOS, so you are permitted to stay till a decision has been made
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ItIsNotFunny
11-06 12:22 PM
When I called TSC this morning, the automated voice gave the good news - our GC were finally approved on 11/4 after a 7 year wait. Online case update shows the approval, but 140 status still says received and pending.
Congratulations! How come it got approved when your dates are not current?
Congratulations! How come it got approved when your dates are not current?
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nogc_noproblem
11-08 12:11 PM
Well said BharatPremi, I enjoyed reading this.
The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?
If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.
By the way Happy Diwali to you and your family.
The people who wants to be a part of American Society should first definately be a very open minded towards all cultures and social trends.
Other thing to be Indian or representing Indian traditions is not a crime but certainly every time barking against anything Indian may certainly be a crime as it is a clear indication of closed door or prejudicial mind towards one particular country and culture. Americans do not mind if one shows that he is Indian now and want to become in American future. Although they prefer that AND that is why they label Jindal as Indian-American although he born in USA. If there are majority Indians on IV board, it is not a crime but it is obvious. Some of my chienese friends on IV board may start thread for wishing chienese festival, I bet most Indians on this board will welcome and same goes with Muslim friends on IV board. Starting and wishing EID MUBARAK thread (By the way that is also a Indian tradition..And I am proud of that too) is not a crime and by now if nobody started it does not mean other people may not welcome it. If you are a Muslim, start the thread for EID Mubarak, I will be the first to welcome that step. You want to be American,, right? Then first start learning open mind and start respecting the culture of majority IV memebers first. If you would not start that now how will you settle yourself in cultural pot of the world?
If you are an Indian citizen right now take control over your inferiority complex and get over it because if you do not respect your culture or your tradition what guaranty would be there for Americans that you would respect American traditions in future. Even Americans are not fool. And how dare you pretend that people form China and other countries just stop supporting IV as they just see few threads celebrating Indian culture? So stop this bullshit now otherwise I may have to request moderators to ban you.
By the way Happy Diwali to you and your family.
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sanju
02-25 10:44 AM
kudos to what u accomplished in July 2007, but the reality is we haven't seen any major action after that. I guess its mostly frustration from ppl here, who think that the US housing/EB crisis can be pursued aggressively than expecting for CIR to happen.
thanks
I was once a non-believer but now I am a believer, not because of what core has done, but what this community of educated illiterates have not done. Every time someone has increased level of anxiety, that person comes to this forum, vent out on someone else, ask someone else that what have you been doing because I have not received my green card, and then after bickering in few posts, simply vanish in think air like a fart. The name of the game is, let someone else clean up the shit for me while I enjoy my pop-corn watching a movie with my family. But lets not stop blaming someone else for my own inaction for my green card. Demand answers right now because I had a sudden gust of enthusiasm to find out when I well get my green card. That's the way to go .... and the story goes on ....
.
thanks
I was once a non-believer but now I am a believer, not because of what core has done, but what this community of educated illiterates have not done. Every time someone has increased level of anxiety, that person comes to this forum, vent out on someone else, ask someone else that what have you been doing because I have not received my green card, and then after bickering in few posts, simply vanish in think air like a fart. The name of the game is, let someone else clean up the shit for me while I enjoy my pop-corn watching a movie with my family. But lets not stop blaming someone else for my own inaction for my green card. Demand answers right now because I had a sudden gust of enthusiasm to find out when I well get my green card. That's the way to go .... and the story goes on ....
.
gkdgopi
10-05 10:23 AM
:)Good to see something happening.
Good job IV!
Good job IV!
somegchuh
05-24 01:25 PM
I understand and agree with all the points except I am not sure how it puts ppl with pending 140 at risk. Can you please elaborate?
Also, AC 21 repealed? So no switching of jobs after 6 months of 485? What about those who have already switched?
Also, the current visa numbers are 9800 for a country annually. That limit goes down to 9000. Its a 10% cut but is that going to have major impact on retrogression?
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
Also, AC 21 repealed? So no switching of jobs after 6 months of 485? What about those who have already switched?
Also, the current visa numbers are 9800 for a country annually. That limit goes down to 9000. Its a 10% cut but is that going to have major impact on retrogression?
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
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