pappu
12-11 12:16 AM
It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
I agree. It was interesting to see them use our style of predicting with and without spillover. It seems they have paid attention to the recent report we had published. We should continue to ask questions and provide suggestions to the administration officials.
In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.
I agree. It was interesting to see them use our style of predicting with and without spillover. It seems they have paid attention to the recent report we had published. We should continue to ask questions and provide suggestions to the administration officials.
JaisGCQuest
06-23 05:17 PM
Hi..
I wud say its a brilliant thought and u shud go ahead and compile ideas and create a beautiful document. If nothing else it can be a good resource for others to read .
What is America losing because of our prolonged wait for Green Cards?
Money in the form of Taxes and more and more skilled labor :
People in India now don't want to come on H1B's because they don't see any future in US anymore. They think instead of returning back after an unsuccesful dream of living in US they cud gather what they have currently and stay in India -- where they wud eventually have to settle later.
Money in the form of Mortagages Property Investments -
Indians mostly prefer to invest in good real estate properties atleast better than the other two dominant categories in US [ Hispanic and African - American ]. There will be a surge of better mortgage payers if the Indian population see a long term stay in US.
Skilled Labor because most companies dont hire H1bs for additional cost factor to be given to USCIS . And even if some companies want to hire H1B people for cheap labor, these skilled labor are inclined to get greencards. Most companies dont do that or may be start the whole process too late because of the long queue and they think instead putting so much efforts to make this H1B guy permananent [ hassle free] they settle for lesser skilled labor with more salary who has a permanent residence/ citizenship because they are hassle free.
Have to return back to work but ..will write more later.
Thanks
I wud say its a brilliant thought and u shud go ahead and compile ideas and create a beautiful document. If nothing else it can be a good resource for others to read .
What is America losing because of our prolonged wait for Green Cards?
Money in the form of Taxes and more and more skilled labor :
People in India now don't want to come on H1B's because they don't see any future in US anymore. They think instead of returning back after an unsuccesful dream of living in US they cud gather what they have currently and stay in India -- where they wud eventually have to settle later.
Money in the form of Mortagages Property Investments -
Indians mostly prefer to invest in good real estate properties atleast better than the other two dominant categories in US [ Hispanic and African - American ]. There will be a surge of better mortgage payers if the Indian population see a long term stay in US.
Skilled Labor because most companies dont hire H1bs for additional cost factor to be given to USCIS . And even if some companies want to hire H1B people for cheap labor, these skilled labor are inclined to get greencards. Most companies dont do that or may be start the whole process too late because of the long queue and they think instead putting so much efforts to make this H1B guy permananent [ hassle free] they settle for lesser skilled labor with more salary who has a permanent residence/ citizenship because they are hassle free.
Have to return back to work but ..will write more later.
Thanks
satishbsk
07-13 03:08 PM
near LAX.
___________
Contributed $280 so far
___________
Contributed $280 so far
Jimi_Hendrix
08-10 06:01 PM
When can we expect these Op-eds to be published? Will you be posting some kind of update here to let us know?
more...
Keeme
03-06 05:57 PM
To keep the HOPE high;) One more point to consider , remember a month back there was a information going around on the # of Cards ordered by USCIS? Man, all these crazy things going around with
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
a) LUDs
b) Name Check 180 days rule
c) # of Cards ordered etc etc., etc., is making ppl. more anxious.....
Agree. I still blame name check 180 rule - a major decision by USCIS/FBI helped this backlogg to go from bad to worst.
Name check 180 rule -it allowed thousands of people from EB1 / EB2 Row to get their 485 cleared and consumed major chunk of 2008/09 EB visas. Had it been not there, many old timers, would have used visas as their Name check would have been cleared before them.
coopheal
07-11 10:00 AM
Congrates EB2.
Hope 2008-2009 is better for EB3
Hope 2008-2009 is better for EB3
more...
India_USA
04-29 03:10 PM
way to go pappu!
we will take this on definitely!!!!!!!!! And we will recognize ourselves as Immigration Voice members in our calls
we will take this on definitely!!!!!!!!! And we will recognize ourselves as Immigration Voice members in our calls
bluekayal
08-23 04:54 PM
Rest easy folks:
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
Mayorkas said he was determined to “get it right and get it fast.” “The community deserves consistency,” he said. “These are our customers, and we are committed to improving customer service.”
The latest example of the changes wrought by Director Mayorkas is an opportunity to allow the public to comment on interim guidance memorandums before they becomes effective in final form. This type of pre-effective-date chance to comment never happened before with the old INS or the pre-Mayorkas USCIS. The early-peek opportunity for comment allows the agency to withdraw with dignity intact from a position that stakeholders may show is contrary to law or legitimate business practices. For example, USCIS is now accepting comments on a guidance memo with a dry title but a topic of great significance to many prospective green-card applicants with high levels of accomplishment: “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions.”
This particular guidance memo arises from a debunking the agency received from the Ninth Circuit Federal Court of Appeals in Kazarian v. USCIS, 596 F.3d 1115, C.A.9 (Cal.), March 04, 2010 (NO. 07-56774). The Court in Kazarian held that USCIS (in this case the Administrative Appeals Office) may not “unilaterally impose novel substantive or evidentiary requirements” without support in the Immigration and Nationality Act or agency regulations.
While Kazarian dealt with EB-1 (extraordinary ability or achievement) green-card eligibility criteria, the interim agency guidance cited extends this also to the EB-2 immigrant visa category for exceptional ability aliens. In my view, USCIS should have issued a guidance memorandum more broadly. Stakeholder feedback should have been issued on a guidance memorandum (which I’d be happy to craft upon request) entitled “Illegality of Unilaterally Imposing Novel Substantive or Evidentiary Requirements.”
Nation of immigrators - A public policy blog on our dysfunctional immigration system � The Dark Sides of Immigration Fame and Anonymity (http://www.nationofimmigrators.com/?p=349)
more...
r_mistry
01-14 11:13 AM
How can we find out the current processing date for AP ?
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
You can check the dates on this link,
https://egov.uscis.gov/cris/jsps/ptimes.jsp
Hope this helps,
pappu
08-09 10:30 AM
I am a legal immigrant to United States and my permanent residency application is pending because of the backlogs in the current immigration system. T
JH
Thanks. I sent you a PM regarding this.
JH
Thanks. I sent you a PM regarding this.
more...
gondalguru
07-11 02:19 PM
"Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become �unavailable� beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
Not too long hopefully. With new year quota it might move to Feb 03 very soon.
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
Not too long hopefully. With new year quota it might move to Feb 03 very soon.
ganguteli
06-11 03:08 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
We are fighting against anti-immigrant idiots like you.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
We are fighting against anti-immigrant idiots like you.
Greencard is our right because we have been waiting long enough and paid a lot for it, and we will not just take greencard but also get our citizenship. After getting citizenship we will make our pro-immigrant senators win election and help defeat anti-immigrant Senators. We will contribute money in getting pro-immigrant lawmakers get elected. Got it ?
We will also tackle idiot old good for nothing racist programmers like you and make sure you remain losers in life.
more...
RajForGC
06-10 09:25 PM
We filed EB2 (Rest of the World) 140/485 on May 18th and 140 already got approved on May 24, 485 is still pending. I also have Eb3 Labor and 140 approved (Dec 2005) and we transfer Priority Date of old EB3 case Sep 2005 of EB3 to EB2. So my question is if this Bill becomes a law then what will happen to my case?
billu
09-01 10:17 PM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
i think u beat them all hands down.....my story is landed in jan 2004 for M.S.....started job in april 2005.....employer kept delaying GC through various tactics.....finally i revolted in july 2007 at the time of famous fiasco.......still missed the bus as employer cited 30 day rule, waiting period etc etc.......now with a PD of october 2007 in EB 3 India, I have no hope........those of you who ported successfully from EB3 to EB2, please shed some light on how to do that and what does USCIS look for in EB2 applications.......EB2 is my only hope now....its either EB2 or back to india by december for me....
more...
bobzibub
07-18 05:20 PM
For the ROW category, the manual seems to indicate that they have a general date (such as in the Visa Bulletin) but I would expect that they have many visa counts for each country..... Anyone have a quick synopsis of how they handle that?
I'm Canada btw....
I'm Canada btw....
ssnd03
04-01 05:25 PM
OK now Mr. non-retard...cud u do all of us a favour by showing some article which says, US democracy is the same for citizens and foreigners. Send us a link from some Govt web site that says this. If u cant substantiate ur statements admit that u r a retard.
Dude "Dard-e-disco" you are such a numbskull.
On numerous occasions foreigners have sued USCIS for processing delays and errors and on numerous occasions US judges have ruled in favor of the foreigner. Just check the PACER for court records.
My EAD was delayed by USCIS and on local congressman's demand USCIS immediately processed it.
Your lack of education is so transparent and obvious that you want me to show you a website which says foreigners and US citizens will be treated alike. You are lucky that you are in US and retards like you are tolerated even though your sound clinically ill.
Dude "Dard-e-disco" you are such a numbskull.
On numerous occasions foreigners have sued USCIS for processing delays and errors and on numerous occasions US judges have ruled in favor of the foreigner. Just check the PACER for court records.
My EAD was delayed by USCIS and on local congressman's demand USCIS immediately processed it.
Your lack of education is so transparent and obvious that you want me to show you a website which says foreigners and US citizens will be treated alike. You are lucky that you are in US and retards like you are tolerated even though your sound clinically ill.
more...
HV000
07-22 12:07 PM
Enforce EXECUTIVE BRANCH AGENCY - USCIS to consume unused EB Numbers
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
Firstly, the executive branch agency USCIS failed to UPHOLD the law by not fully issuing 140,000 numbers when there was hugh backlog.
Secondly, Change the following:
1. Allow USCIS to use previous unused EB numbers since 2000.
2. Change the way the Dept. of State allocates the EB numbers throughout the Fiscal Year. The Dept. of State should allocate the EB numbers UNIFORMLY across the 4 QUARTERS.
gsc999
09-11 06:36 PM
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
----
Please stop analyzing. This is a decisive moment. Join the DC rally!
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
----
Please stop analyzing. This is a decisive moment. Join the DC rally!
gctest
09-15 04:19 PM
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
Incorrect.
Please read this pdf document
AFM Update: Chapter 22: Employment-based Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf)
Please pay attention to section (3) Priority Date Based on Earlier Petition on page 28 -
----------------------------------------------------------------------------------------
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
--------------------------------------------------------------------------------------
I suggest, you talk to an attorney before using words like illegal. It may be unfair, but still be legal.
_____________________________________
Proud Indian-American and Legal Immigrant
bsbawa10
09-12 10:03 AM
The campaign will fail in my opinion. Because anytime you ask people to spend money, many will not. Such activity and motivation for the campaign will die out next week when visa bulletin fever is over. We will again get agitated next month same time. So unless we figure out a campaign idea that costs us no money, it is bound to fail. I am for a phone call campaign. Or if we really want to do something big, we should do a rally in DC with 10 thousand members.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
I agree that calculator /flower campaign can fail. But poster (actually pamphlet) and letter campaign will cost only 41 cents stamp from us.
Edison99
09-01 08:54 PM
Since Jan 2000
Let us see who is waiting for most time in USA.
5 years and counting.
If you can tell your history of Green card and any tip on applying early would appreciate.
Let us see who is waiting for most time in USA.
5 years and counting.
If you can tell your history of Green card and any tip on applying early would appreciate.
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