sanagani
03-05 10:43 PM
Even though my priority date is 2005 dec under EB3 , i have one soft LUD on my and my dependentcaseon feb 10 amd one more soft LUD on primary applicant case on feb 27 09...
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bskrishna
07-11 12:42 PM
I don't see what is really different. I am not talking about July 2007. I am talking about May or June bulletin 2007. Do you mean the bulletin on May or June 2007 is to utilize the visa so the dates are not the "real" date? Then how do you know Aug. 2008 move is not for the same purpose? Especially if this movement is caused by spillover.
There is chance that CIS and/or DOS know the breakdown of categories by country now as against last year. That is being a bit on the optimistic side.
There is chance that CIS and/or DOS know the breakdown of categories by country now as against last year. That is being a bit on the optimistic side.
gc28262
08-23 10:28 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
That is my exact point. Please note the "or" in that paragraph.
A person can qualify for EB2 for different reasons. That is what that "or" denotes. Most of the EB2 filers don't file under "exceptional ability" category, they file under "advanced degree or equivalent".
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
That is my exact point. Please note the "or" in that paragraph.
A person can qualify for EB2 for different reasons. That is what that "or" denotes. Most of the EB2 filers don't file under "exceptional ability" category, they file under "advanced degree or equivalent".
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saimrathi
07-05 03:14 PM
Very good news.. Keep it up.. I have done my share of calling/writing to the Representatives...
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
I just spoke with an Immigration Representative of my Senator. She knows me as I met her last year with my employer for my other issue.
She just informed me that we are (Not only we but whole Congress) shocked with un-precedent action of DOS/USCIS for July VB. Senator's Washington DC office is working on this issue including immediate legislative relief to Employment Based immigration. She is well aware of whole drama of July VB. I am going to call Washington DC Office as well.
I encourage every one call to their Senator and HR and speak with Immigration Representative. I think first time media and lawmakers have acknowledged the problem of Employment Based Immigration.
Call make much impact than the email/fax
more...
gcmadhu
12-11 04:24 PM
Hi Pappu & IV Core,
Please consider prefilling I-485 option in case if it is not already in one of the IV agenda items. This will give big relief for the folks who missed July2007. I am willing to contribute big time for this.
Please consider prefilling I-485 option in case if it is not already in one of the IV agenda items. This will give big relief for the folks who missed July2007. I am willing to contribute big time for this.
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
maverick_joe
04-30 02:56 PM
I totally agree..he was all ga ga abt what USCIS is doing and how efficently they have already processed 65% of available visa numbers for the fiscal.
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
Other than boasting how excellent USCIS is doing their job, there was nothing new or helpful to the actual bill. It was actually counter to the task at hand. That was Aytes...
Now, a State dept person is talking about how efficient they are..
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diptam
08-12 03:21 PM
The answer is "No" - my employer is also not willing to sign that form. They are saying that its against their policy to push Ombudsman or CIS for a I-140 which is pending for 15 months.
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
Hi Lonedesi and team,
I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?
Does it make sense ? Please advise.
Thank you!
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
Hi Lonedesi and team,
I wish, I could move forward on this, unfortunately my employer a financial firm , will not sign or support the DHS Form 7001 due to legality, instead I can just send the letter by E-mail or mail to Ombudsman's office ?
Does it make sense ? Please advise.
Thank you!
more...
insbaby
07-21 11:18 AM
Well, if you do the direct calculations (eventhough it looks correct for most of us), it always results scary.
But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.
They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.
Its a big administration issue to the agency to keep all the applications pending than us.
So, no worries. There must be a solution ahead for us.
But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.
They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.
Its a big administration issue to the agency to keep all the applications pending than us.
So, no worries. There must be a solution ahead for us.
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chiragmodi
09-10 10:28 AM
So far contributed $200. Can not make it to the rally because of prior commitments.
EB3
pd: dec 2005.
lc approved: Jan 2006
I-485 filed on july 2 and fp done on 09/07.
Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!
EB3
pd: dec 2005.
lc approved: Jan 2006
I-485 filed on july 2 and fp done on 09/07.
Thanks guys for all your efforts. This is massive!!!!!!!!!!!!!!!!!
more...
DSJ
07-06 01:15 PM
Forgot in a hurry, it is updated now
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
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ArkBird
02-24 01:17 AM
And still people love it !!!
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~GCA
Lost Until Death!
~GCA
more...
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beppenyc
03-08 02:30 PM
beppenyc, any particular reason that ur interested in the guest worker program?
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
Yes, I worked in the restuarant business. Let me know if i can partecipate or not.
Thanks
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IAMINQ
04-02 02:36 PM
I received my labor approval in dec 2005 from Philadelphia Backlog Center
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
Priority Date: March 2004, EB3
Filed from Philadelphia Region.
more...
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forever
07-23 06:31 PM
This is aboslutly not possible; he/she is trying to fool every one.
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.
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Green.Tech
06-16 05:25 PM
Stay on top!
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04-13 10:50 PM
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Jelena
07-18 08:23 PM
Contributed 100$. Thanks, IV!
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amits
07-20 06:16 AM
Thanks a lot reachtoravi.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
Please ask your friends to contribute as well. Lets strengthen our foundation to face upcoming challenges..
Donated one time $100 ...
Just now signed up for $50 a month recurring contribution ...
Thanks to IV for all great work.
gc_buddy
09-12 10:02 AM
The mere things that we are trying to use in the campaign do not cost more than $10.
Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..
Guys, Every penny is worth spending. Try looking back at the flower campaign that we did back in July 2007 and the magic it made..
waitingmygc
05-19 05:08 PM
Thanks chanduv23 for providing detail steps.
Great news ind_game. Hope eveything will be normal in a month.
Great news ind_game. Hope eveything will be normal in a month.
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