Canadianindian
04-01 11:01 AM
This is Sanjay Sood from NJ. I am also stuck in the retrogression process, and can be reached at hppdelhi@gmail.com. Sanjay
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pmb76
03-18 04:58 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
stucklabor
07-24 10:29 AM
USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.
As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.
http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
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alterego
07-18 05:30 PM
Looking at these figures and trying to read the tea leaves for the upcoming year is what this thread is really about. A noble if useless pursuit.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
more...
ujjwal_p
02-14 02:55 AM
1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
Can we stop this bs please. Comparing the fate of us, high-tech, high earning, upper middle class folks with that of millions of people who were killed in Europe, Rwanda, Cambodia is ridiculous and insulting to say the least. Agreed the system is unfair but please let's not get over our heads. People still have the choice to work anywhere(mostly), have the same rights as anyone else, can buy a house, basically do whatever they want, as long as they don't break the law. Such superflous comparison is actually providing fantastic material to the anti-immigrants.
People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital
Can we stop this bs please. Comparing the fate of us, high-tech, high earning, upper middle class folks with that of millions of people who were killed in Europe, Rwanda, Cambodia is ridiculous and insulting to say the least. Agreed the system is unfair but please let's not get over our heads. People still have the choice to work anywhere(mostly), have the same rights as anyone else, can buy a house, basically do whatever they want, as long as they don't break the law. Such superflous comparison is actually providing fantastic material to the anti-immigrants.
GooblyWoobly
03-20 02:09 PM
I have no idea why u guys get riled up about EB3->EB2 conversion? It's Not your Ration line FIFO. Are you trying to say someone who has 10 years of experience (5 years in the last company, so EB3) stands to get GC AFTER someone with no experience but a MS? There are many other loopholes through which EB3's can fall through. Just because you are frustrated with the wait, don't take it out on someone who is also on the same boat.
Also your assumption of "Reputed companies don't do EB3->EB2" is outright wrong. I work for one of the most reputed companies in the valley, and they do it on a selective basis (read, if you're good enough, they'll do it for you).
Remember this, someone can move to EB2 only if he qualifies to. It's not that you can just jump boat with no qualification. And if someone qualifies, I don't see why he/she should stay back!!
I'm a original EB2 filer (no EB3->EB2 conversion) and not a LC transfer. EB3->EB2 increases timeline for getting my GC. But I do not believe that's wrong.
Each one to his own!! My 2c.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
Also your assumption of "Reputed companies don't do EB3->EB2" is outright wrong. I work for one of the most reputed companies in the valley, and they do it on a selective basis (read, if you're good enough, they'll do it for you).
Remember this, someone can move to EB2 only if he qualifies to. It's not that you can just jump boat with no qualification. And if someone qualifies, I don't see why he/she should stay back!!
I'm a original EB2 filer (no EB3->EB2 conversion) and not a LC transfer. EB3->EB2 increases timeline for getting my GC. But I do not believe that's wrong.
Each one to his own!! My 2c.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
more...
like_watching_paint_dry
05-27 05:22 PM
I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.
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chanduv23
02-17 10:18 AM
for the update, StarRun.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.
On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.
Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.
People must step up and do some PR work.
We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).
I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.
On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.
Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.
People must step up and do some PR work.
more...
masouds
02-15 04:52 PM
Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps.
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.
But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'
:mad:
Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.
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spicy_guy
09-21 03:48 PM
They can give us Citizenship for waiting x number of years after filing 485.
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Kodi
04-01 11:36 AM
Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.
Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?
Thank you.
Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?
Thank you.
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nat23
06-11 12:05 PM
Sent
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gc_lover
07-18 11:29 AM
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.
We will just have to wait and see till our checks get cashed!
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mrane1
03-15 06:30 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Dude, No one has been waiting on purpose! Do you even have a clue what was going on in 2002/03/04/05... Even though numbers were current the Labor process used to take 3-4 years! If your labor is not clear then having 485 current is not going to do much... The perm process was started in 2005!Just consider yourself lucky that atleast you have an organization like IV working for you and they was instrumental in gettin atleast EAD for you and your spouse!!
more...
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nirenjoshi
11-12 03:51 PM
I am tracking the pace at which the FOIA requests are moving forward..
Request #NRC2008064184 moved from
65283 out of 66115 on 11/6/08 to
64565 out of 65477 pending requests on 11/12/08
At this rate, its moving ahead by about 100 requests per day. It will take 2 years to just get these requests cleared. And this particular request was on Track Two. Most others are on the Complex track which might take even longer.. :(
Request #NRC2008064184 moved from
65283 out of 66115 on 11/6/08 to
64565 out of 65477 pending requests on 11/12/08
At this rate, its moving ahead by about 100 requests per day. It will take 2 years to just get these requests cleared. And this particular request was on Track Two. Most others are on the Complex track which might take even longer.. :(
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dreamgc_real
07-06 09:45 AM
sent the emails to my senators. Is there a way of sending it to the Senators Grassley, Harkin, Sanders themselves letting them know that we do not agree with their policies??
(Not that they will change their the minds, but if they do not see our logic, they will never waver in their intent)
(Not that they will change their the minds, but if they do not see our logic, they will never waver in their intent)
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Refugee_New
07-28 01:17 PM
I would recommend each and everyone...be it a believer or a non-believer..
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
if you have the PDF version of it then please post it. $3 is too much.
hehe hehe i am an IT guy.
to read the book by Richard Dawkins: The God Delusion..
If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...
You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!
if you have the PDF version of it then please post it. $3 is too much.
hehe hehe i am an IT guy.
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meera_godse
01-30 04:27 PM
I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
Its frustrating.
I agree with you totally. But the sad part is, Try going the normal straight way & nobody entertains you when the companies hear the word "H4". All the work experience gathered over the years suddenly seems like crap in front of the visa status.
Its frustrating.
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NKR
03-09 12:34 PM
another fr***ing disappointing bulletin..
varshadas
02-01 12:12 PM
Date: Thursday, February 01, 2007
Start Time: 10:30 PM Eastern Std Time
End Time: 11:25 PM Eastern Std Time
Participants: 6
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 66239
Thanks
Varsha
Start Time: 10:30 PM Eastern Std Time
End Time: 11:25 PM Eastern Std Time
Participants: 6
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 66239
Thanks
Varsha
nixstor
03-18 05:40 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
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