shadowboxer
09-27 09:16 PM
You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
Don't talk like a lawyer to her. For all intents and purposes, wait time starts when somebody sets foot in this country with the intention of becoming a permanent resident someday.
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GOTGC
07-24 02:22 PM
Visa number is differnt from A #- which is application number.
Law allows only 140,000 EB visas per year, which are again subject to country quotas,EB categories etc
Every 485 approval uses a Visa number.
So for 485 approval there should be a visa number available.
In last quarter of every year, USCIS can approve 485s irrespective of country limits inorder to use up all visa numbers.
That is what happened in June/July and happening now- Inorder to exhaust remaning 60K visas for yr 2007, USCIS assigned a visa number to pending 485's before approving them.(Tons of approvals coming from NSC and TSC are for cases that had visa number preassigned before July 2nd Visa bulletein revision)
Law allows only 140,000 EB visas per year, which are again subject to country quotas,EB categories etc
Every 485 approval uses a Visa number.
So for 485 approval there should be a visa number available.
In last quarter of every year, USCIS can approve 485s irrespective of country limits inorder to use up all visa numbers.
That is what happened in June/July and happening now- Inorder to exhaust remaning 60K visas for yr 2007, USCIS assigned a visa number to pending 485's before approving them.(Tons of approvals coming from NSC and TSC are for cases that had visa number preassigned before July 2nd Visa bulletein revision)
9years
10-21 02:30 PM
I am not sure how porting works. I heard in some cases they will be ported automatically and in some cases we (attorney) have to request for porting. I will talk to my attorney and post the information here as I get it.
Thank you and best of luck every one.
Thank you and best of luck every one.
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test123
03-22 09:56 PM
My First Post :
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.
Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.
more...
Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Green.Tech
06-20 03:19 PM
Please contribute.
more...
mirage
04-03 08:55 AM
Congratulation to you two, you successfully diverted everybody from the objective of the thread..
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snathan
08-23 02:33 PM
There is a difference, my friend. Porting to EB2 means you have to spend LOTS of $$$ and time and effort to get masters degree.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
No matter how you look at it, it is not wise to hack away at any door that's open to all. We should look at expanding our vistas, not shrink it. What if I tell you I am thinking of starting up a co in India, so some day I can make it here using the EB1 route? Why do you want to prevent me from availing this opportunity and making my sacrifices -- just because you feel it will help YOU move forward by ONE INCH?
How about people are using it as a loop hole and smack you down. Just because you have the option, it does not mean the right thing.
more...
eb3_nepa
07-05 01:00 PM
3 Threads on the same issue
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eb3stuck
07-15 04:27 PM
Count me in. I live in LA County - San Gabriel Valley
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
EB3 - RIR - India
PD 4/02, LC 9/05, I140 01/06
I-145/EAD sent 6/28/07???
9th year of H1 B, with 3 year ext. not stamped
Spouse on 9th year H1-B
1 time contribution ($200)
more...
loudobbs
09-09 11:39 PM
and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
And we are not asking for Amnesty...
There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???
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sanjay
06-11 10:13 PM
hara aam jaada khaoge to gas ho jayega. waise hi bahut gas hai paadu sucksena ko.
I don't know if the words used above were intentional or some one being sarcastic but club first three words and you get a complete different meaning in Hindi.
Guys, a request though, don't use foul words in public forum.
I don't know if the words used above were intentional or some one being sarcastic but club first three words and you get a complete different meaning in Hindi.
Guys, a request though, don't use foul words in public forum.
more...
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coopheal
12-27 12:20 PM
Let's brainstorm on what we can do to remove country limits restrictions.
We will push for that in CIR if not prior.
We will push for that in CIR if not prior.
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som_yad
12-26 06:37 PM
Filed 486 EAD AP on Aug 16
Received all Receipts in Oct, Received EAD in Nov.
But no AP yet and also when I check online it shows
"Case Status Retrieval Failed
This Receipt Number cannot be found at this time in ..."
Received all Receipts in Oct, Received EAD in Nov.
But no AP yet and also when I check online it shows
"Case Status Retrieval Failed
This Receipt Number cannot be found at this time in ..."
more...
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sparky_jones
03-04 11:27 AM
Is your case at NSC? I have definitely noticed a pattern of pre-adjudcation activity from NSC for cases filed in July-August 2007.
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nk2006
10-17 04:01 PM
Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
Our office believes that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. Accordingly, our office will consider the information you provided regarding AC21 as we develop recommendations to improve USCIS� practices and procedures.
Thank you for taking the time to contact our office, and for giving us the opportunity to serve you.
Sincerely,
CIS Ombudsman
Thanks for the update.
Its positive and a direct answer to try improving USCIS practises regarding AC21. Hope more people will get inspired with this and send letters.
Note: from the earlier experiences it was pointed out that we need to send letters in thousands to get immediate attention. please keep sending.
more...
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johnnybhai
07-14 01:03 PM
Done!
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bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
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Aah_GC
06-10 10:09 AM
My suggestion - Do your best to support IV - contribute and make those calls. Rest: Leave it to the man above - and move on with your priorities.
jungalee43
04-29 03:58 PM
Can there be link for FAX for the guest members? I can get about 100 people to send fax. They are members of Indian community (many are citizens) and may not have time to make phone calls. But with simple provision to send fax at one time to all these senators, I am pretty sure I can get 100 people to send faxes.
Again the provision is required for guest members who are willing to write their address and phone number.
Again the provision is required for guest members who are willing to write their address and phone number.
Mouns
04-30 04:47 PM
"To maximize visa number usage while working off its backlog, USCIS has adopted a production strategy that focuses on completing cases where visas are immediately available and on working cases to the point just short of approval (pre-adjudication) where visas will be available in the coming months. Pre-adjudication includes completing all required background checks and resolving all eligibility issues except for visa availability. This allows for immediate approval and visa number allocation as visas become available for pre-adjudicated cases."
does it mean that if your EB3 (I) , your I485- file is not going to be looked at for the next several years?
Yes I believe that's what it means... If you date is not current or not about to become current in the next months, then your case would be unlikely to be adjucated...
does it mean that if your EB3 (I) , your I485- file is not going to be looked at for the next several years?
Yes I believe that's what it means... If you date is not current or not about to become current in the next months, then your case would be unlikely to be adjucated...
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