BharatPremi
03-14 01:56 PM
No one is talking about what happened in Apr-2001. Bill Clinton allowed all illegal aliens to file AOS in EB-3 category. That brought estimated 8-10 million filings in Jan-Apr 2001 under EB-3 category. That's why it took so long for EB-3 to get past Apr-2001. With EB-3 having a number cap, I still have a feeling that those estimated 8-10 million are still floating around in the system and dragging EB-3 category. Any thoughts on this?
Nobody is talking because that suffering period and criteria and reasons all over. Nowonwards you will see the effects of what happened in 2002-2004.EB3-I the slowest in the group is at Oct 2001. So Forget Apr 2001.
Nobody is talking because that suffering period and criteria and reasons all over. Nowonwards you will see the effects of what happened in 2002-2004.EB3-I the slowest in the group is at Oct 2001. So Forget Apr 2001.
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raydon
04-25 10:38 PM
In addition to monetary contributions, it would be helpful to call the office of your representative asking them to support the bills being proposed. The representative can be looked up by zip code (5+4 digits format) at this site http://www.house.gov/. If you reside in a representative's congressional district (based on zip code) you are his/her constituent.
Constituent's issues/calls/letters are given priority by the representatives over non-constituents. I became aware of this when participating in the recent lobbying activity. The more number of constituents that call, the more likely is the congressman to give importance to the common issues. The anti-immig groups have been doing this all the time. Now it is our turn to beat them with the strength of numbers.
Please contact the representative when the bills are being taken up. This is very important in order to get support for our issues.
More power to IV. Let's get this done.
-----------------------------------
IV MA chapter
Recurring monthly contribution $50.
Participated in the DC lobbying activity
Constituent's issues/calls/letters are given priority by the representatives over non-constituents. I became aware of this when participating in the recent lobbying activity. The more number of constituents that call, the more likely is the congressman to give importance to the common issues. The anti-immig groups have been doing this all the time. Now it is our turn to beat them with the strength of numbers.
Please contact the representative when the bills are being taken up. This is very important in order to get support for our issues.
More power to IV. Let's get this done.
-----------------------------------
IV MA chapter
Recurring monthly contribution $50.
Participated in the DC lobbying activity
needhelp!
04-29 05:41 PM
Thanks
Venkat & srinivas & nagireddi & nc14 & add78 and all!
Venkat & srinivas & nagireddi & nc14 & add78 and all!
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gunabcd
07-17 10:17 PM
if i was an EB-3 applicant (thats AFTER EB-2 and AFTER EB-1) i would be careful about who i call stupid and educationally unqualified.....chill big guy....:)
if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.
if you read my post carefully (and if you can understand it) u'll notice that i called the "idea" stupid not the person. Filing in EB3 or EB1 does not prove your IQ.
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nixstor
07-02 03:04 PM
Looks like the Congressman's (Rep. Lamar Smith) office is getting bogged down by the calls.
I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.
Any pointers, information as to what may be happening?
I am not sure about the rude part. All the posts in the 12 pages have actually appreciated the patience of the caller.
Some answers on why you are calling Rep Smith even though you are in a different constituency. Send the first post of this thread as supporting material to those who are going to call. It hardly takes a min to read that post.
(1) Yes, we called our Rep and asked for support
(2) Rep Smith is the ranking member of House Judiciary committee and thats why his support is crucial to these bills
(3) Rep smith championed high skill bills in the past and these are common sense measures that will increase American competitiveness
I walked around my office and asked every colleague I met to make the call. The last 5 people who called, the person answering the phone rudely asked them to call the local Congressman's office instead of the Representative's office. He did not take any information nor did it look like he was making a note of the call.
Any pointers, information as to what may be happening?
I am not sure about the rude part. All the posts in the 12 pages have actually appreciated the patience of the caller.
Some answers on why you are calling Rep Smith even though you are in a different constituency. Send the first post of this thread as supporting material to those who are going to call. It hardly takes a min to read that post.
(1) Yes, we called our Rep and asked for support
(2) Rep Smith is the ranking member of House Judiciary committee and thats why his support is crucial to these bills
(3) Rep smith championed high skill bills in the past and these are common sense measures that will increase American competitiveness
nomad
07-20 08:28 PM
I filed I-140 on July 5, and was hoping to get the receipt by this week because as per the press release ( dated 7/13), NSC was supposed to be time complaint with regards to I-140 receipt date by 7/18/2007. But they again changed to 8/1/2007. You never know they will NOT change it again!
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dixie
03-20 04:10 PM
I see that there is a lack of understanding about what "special" labor cert means.In the context of univ profs it means that the university is allowed to justify hiring an alien based on the fact that he was the BEST qualified candidate for the postion - that is, the univ is allowed to reject other minimally qualified applicants. This is currently not the case for other junta in either EB-2 or EB-3 .. if ANY minimally qualified american citizen / PR is found, the labor cert is denied.
If this is extended to EB2 / people with advanced STEM degrees as Frist Bill proposes, the labor cert will become quicker and painless for these folks (not to mention the immigration attorneys and the employers).
If this is extended to EB2 / people with advanced STEM degrees as Frist Bill proposes, the labor cert will become quicker and painless for these folks (not to mention the immigration attorneys and the employers).
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desi3933
03-20 11:06 PM
My 'Employer #2' H1B I-94 and 'Employer X' H1B I-94 numbers matches with I-94 number that I got at 'POE'.
Receipt Data is July-2006 for 'Employer X' H1B.
......
Could you please provide following info
1. I-797 dates for Employer 2 and X
2. Last Date of entry in USA
3. Date when I-485 was filed
I-94 number being same does not mean much. One can have same I-94 number for COS from H1 to F1. On the other hand, one can have different I-94 with H-1B transfer. Typically, H-1B transfer means new H-1B petition for the beneficiary who is/was in H-1B status and is not subject to H-1 cap.
If beneficiary's initial H-1B was counted against cap in last 6 years, then subsequent H-1B petitions are not subject to cap and usually referred as H-1B transfers.
___________________
Not a legal advice
Receipt Data is July-2006 for 'Employer X' H1B.
......
Could you please provide following info
1. I-797 dates for Employer 2 and X
2. Last Date of entry in USA
3. Date when I-485 was filed
I-94 number being same does not mean much. One can have same I-94 number for COS from H1 to F1. On the other hand, one can have different I-94 with H-1B transfer. Typically, H-1B transfer means new H-1B petition for the beneficiary who is/was in H-1B status and is not subject to H-1 cap.
If beneficiary's initial H-1B was counted against cap in last 6 years, then subsequent H-1B petitions are not subject to cap and usually referred as H-1B transfers.
___________________
Not a legal advice
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chmur
07-18 07:28 PM
Excellent response. I have been a silent admirer of IV for some time. IV has represented the aspirations of all the EB applicants. people should understand that the US allotment of visas to foreign Nationals is only based on what is fair for the country (US). It does not matter to them to what country the applicant belongs but what matters is the qualifications and their benefit to the advancement of the US. I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover. we have to concentrate our efforts on how we can improve conditions for every body affected by this retroression. efforts aimed at one category and that too one country will almost certainy fail. I am also shocked to see a few EB3 I expressing anger over dates moving for EB2. personally if I see a person from my country getting his visa approved, then I would feel very happy for him even if I am waiting for some time. I know it will be difficult, but atleast spare some joy for your country men and women who are getting some well deserved relief after such a long wait. one of my old friends told me once "if you have a friend from India, don't rely on him to help you, because you will not get much help moreover some people will only try to pull you down, but if you take people from other countries, it is exactly the opposite as they try to help each other in every possible way". I agree that it is very distressing for every one that the dates are retrogressed, but now that EB2 has moved, all of a sudden some people woke up from a deep sleep and started making these arguments that have no legal basis. None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable. I know a lot of people from EB2 protested at this wrong interpretation of the law, but I don't remember anyone ever criticizing IV for not taking up their cause even though we knew all along that spillover from EB1 to EB2 retrogressed countries was the right interpretation of the law. now some people are asking IV to take up an issue that is straight forward illegal as was clearly explained by DOS in a recent bulletin. instead of wasting time and efforts on such futile suggestions, people should concentrate on making some constructive effort along with IV helping every one involved in retrogression.
"I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover".
Are you suggesting we "Get over the spill over issue" because that's what current law says ??
Then by that logic, should we get over the "recapture issue" too?? because that's what current law says...now I am appalled.
As I understand, IV's objective is to change laws in favor of the immigrant community. Agreed Recapture is priority #1 since it alleviates majority of our concerns, but is it the only one ?? Especially when recapture happens to be the most difficult one to achieve . Answer is NO.
IV has scored so many smaller wins in the recent past to provide temporary relief to the community at large.
You say "I am also shocked to see a few EB3 I expressing anger over dates moving for EB2".
Some EB3s might have expressed jealousy .Shame on them. But most are expressing anger because EB3 is "U" and the spillover formula will keep them retrogressed for years to come and not because EB2 moved ahead . Godd for Eb2s.
Your India specific jealousy example can be applied of any country. India does not hold monopoly over jealous acts. People are jealous not countries.
You say, "None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable".
IMO, this is frivolous...this kind of questions can be countered by equally frivolous question like ..... How many Eb2s are now expressing their anger over this years interpretation of spillover laws by DOS??
"I am appauled to see some of the members racheting up this irrational discussion about the spillovers when DOS clearly stated recently what the intent of the law was. the sooner they get over this issue, the better for them and for every one on the forum as the existing rules will NOT change regarding the spillover".
Are you suggesting we "Get over the spill over issue" because that's what current law says ??
Then by that logic, should we get over the "recapture issue" too?? because that's what current law says...now I am appalled.
As I understand, IV's objective is to change laws in favor of the immigrant community. Agreed Recapture is priority #1 since it alleviates majority of our concerns, but is it the only one ?? Especially when recapture happens to be the most difficult one to achieve . Answer is NO.
IV has scored so many smaller wins in the recent past to provide temporary relief to the community at large.
You say "I am also shocked to see a few EB3 I expressing anger over dates moving for EB2".
Some EB3s might have expressed jealousy .Shame on them. But most are expressing anger because EB3 is "U" and the spillover formula will keep them retrogressed for years to come and not because EB2 moved ahead . Godd for Eb2s.
Your India specific jealousy example can be applied of any country. India does not hold monopoly over jealous acts. People are jealous not countries.
You say, "None of these people expressed their anger when EB3 ROW was being preferred over more qualified EB2 I and C and making EB2 unavailable".
IMO, this is frivolous...this kind of questions can be countered by equally frivolous question like ..... How many Eb2s are now expressing their anger over this years interpretation of spillover laws by DOS??
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belmontboy
10-01 06:00 PM
arunmurthy, nikpatel.c and psaxena - guy's get a room and continue the 3'some.
And YES, i meant fighting :D
this thread has gone way out of scope.
And YES, i meant fighting :D
this thread has gone way out of scope.
more...
jkays94
07-21 08:43 PM
I think it is very important that all those seeking to file a case against the DOL review the Liberty v Chao ruling (https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2004cv0915-41). It will be very difficult to file and win a case prior to September 2007 unless one files a case in a different federal circuit. Note that the 485 and DOL cases were in the DC circuit which lawyer Rajiv has been cited as noting are averse to decisions against the executive branch of government.
I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):
However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).
I quote from an ILW analysis (http://www.ilw.com/immigdaily/digest/2005,1011.shtm) (I believe I had posted this elsewhere):
However, the plaintiffs in this case have made it somewhat easier for future litigants similarly situated in that DOL has provided the District Court with a projected timeline for adjudicating the massive DOL backlog, the failure to do which may make future courts more sympathetic (see p. 16). This case also provides a helpful list of cases arguably on point which other district courts in other circuits may find more persuasive than those cited by the District Court in justifying its decision (see p. 15).
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Hinglish
03-21 03:36 PM
This whole discussion got so twisted ...so here is the gist to bring everyone back on track.
USCIS's interpretation of law for the "redistribution" of unused visa numbers is as follows (FALL ACROSS) : arrows denote transfer of excess numbers from categories
EB1 -> EB2 ROW/IN/CH
EB2 ROW -> EB2 IN/CH (proportional)
EB2 ROW/IN/CH -> EB3
EB3 ROW -> EB2 IN/CH (proportional)
Ron thinks that this is wrong and it should be as follows (FALL DOWN):
EB1 ROW -> EB2 ROW -> EB3 ROW
EB1 IN -> EB2 IN -> EB3 IN
EB1 CH -> EB2 CH -> EB3 CH
and at the end then cycle through unused visas to single state categories
I believe that USCIS's interpretation preserves the intent of the law makers to create maximum benefit to the US employers.
USCIS's interpretation of law for the "redistribution" of unused visa numbers is as follows (FALL ACROSS) : arrows denote transfer of excess numbers from categories
EB1 -> EB2 ROW/IN/CH
EB2 ROW -> EB2 IN/CH (proportional)
EB2 ROW/IN/CH -> EB3
EB3 ROW -> EB2 IN/CH (proportional)
Ron thinks that this is wrong and it should be as follows (FALL DOWN):
EB1 ROW -> EB2 ROW -> EB3 ROW
EB1 IN -> EB2 IN -> EB3 IN
EB1 CH -> EB2 CH -> EB3 CH
and at the end then cycle through unused visas to single state categories
I believe that USCIS's interpretation preserves the intent of the law makers to create maximum benefit to the US employers.
more...
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Prijay
09-20 10:50 AM
In fact I had the same thought! I did talk to a number of fellow participants on Sep 18th rally. Everybody seemed to welcome the idea!
Come on guys, think over it...
Which of the following news will attract the attention of the congress more?
About 1000 Legal immigrants rally in Washington DC!
Or
Thousands and thousands of legal immigrants rally all over the country!
It is very obvious that the total number of participants (put together) will be much higher in local rallies. For instance, I was the only one in the Sep 18th rally from my family. If it was local, all the four of my family would have been there! I am sure that this is the case with most of us!!
Sep 18th was a golden day in our strong movement! We learnt a lot from the dedicated organizers. Many of the participants (including myself) have gained practical experience about what is involved in organizing a rally. Let us build up on this experience to organize multiple but simultaneous rallies in different parts of the country (in almost all the state capitals and big cities).
I have a lot to share.... but can't do it more during my office time.
Shall come back to you during the week end.
Meanwhile, I would love to hear from others about this concept!!
Come on guys, think over it...
Which of the following news will attract the attention of the congress more?
About 1000 Legal immigrants rally in Washington DC!
Or
Thousands and thousands of legal immigrants rally all over the country!
It is very obvious that the total number of participants (put together) will be much higher in local rallies. For instance, I was the only one in the Sep 18th rally from my family. If it was local, all the four of my family would have been there! I am sure that this is the case with most of us!!
Sep 18th was a golden day in our strong movement! We learnt a lot from the dedicated organizers. Many of the participants (including myself) have gained practical experience about what is involved in organizing a rally. Let us build up on this experience to organize multiple but simultaneous rallies in different parts of the country (in almost all the state capitals and big cities).
I have a lot to share.... but can't do it more during my office time.
Shall come back to you during the week end.
Meanwhile, I would love to hear from others about this concept!!
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mirage
03-06 10:04 PM
I think they came up wit 5K figure just to say F.. off in a gentle way...They never thought that we'll collect 5K and give them. I really think this should be sent out to media and immigration subcommittees, complaining we are paying hefty fees to live in the country on the contrary we are asked for this kind of money to get information which USCIS should have been publishing atleast quarterly...
more...
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dilbert_cal
05-10 02:19 AM
whattodo
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
Having an approved 140 and a 485 pending for more than six months is the safe method of switching. For AC21, the key is to have your 485 pending for more than six months. You can use AC21 to switch employers after six months of filing of 485 even if your 140 is not approved. Its not a simple process but folks have done it.
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Legal
06-13 07:20 PM
The Department of State has available a recorded message with visa availability information which can be heard at: 202-663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
if you call this number ...but it just means they haven't updated it.
if you call this number ...but it just means they haven't updated it.
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espoir
11-15 12:40 PM
Why is the December visa bulletin not available on the USCIS website ?? It still shows November as the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
It does show the December Bulletin. Delete you cache/ refresh the page.
If you want to see the bulletin, go to this link
http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
It does show the December Bulletin. Delete you cache/ refresh the page.
If you want to see the bulletin, go to this link
http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html
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test101
07-06 06:49 PM
Mine was applied and it has returned back ........:mad:
when did you mail your packet? when did they recieve it ? did they have rejection letter or just returned.
when did you mail your packet? when did they recieve it ? did they have rejection letter or just returned.
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reedandbamboo
06-24 12:12 PM
I just called .. as folks have been reporting, the aide knew what I was calling about and read the bill numbers to me. And then she encouraged me to call my representative as well.
Thanks IV!
Thanks IV!
justice4all
07-21 09:09 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
ski_dude12
06-11 07:24 PM
My colleague is EB3-I with priority date in early 2003. He is in the process of porting to EB2 instead of waiting for his date to be current.
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