desi3933
07-09 12:06 PM
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
You are missing a point here.
The term "immediately available" is determined by the PD in the visa bulletin. (If someone needs a law reference, let me know).
DoS determines PD in the visa bulletin depending on various factors (such as number of GC Numbers used so far, number of pending I-485 applications etc.) and they can revise visa bulletin anytime.
______________________
Not a legal advice.
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delhiguy
07-07 01:53 PM
Yes the core problem is visa numbers. We have been fooled to believe for few days we all are safe and GC retrogression is over without even realizing someone was taking us for nice roller coaster ride.
Thanks for supporting my view.
We need media attentoion and legislature help to get the visa number increased,
Thanks for supporting my view.
We need media attentoion and legislature help to get the visa number increased,
mirage
03-15 11:23 PM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
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adobe howm
08-08 12:04 PM
Congratulations.
that is the good news. we are happy to hear this from you.
you could have posted the same on here "EB2 India/China GC Approvals Starting Aug 1st 2008" but worth stating this on a new thread so that you have something to remember when you look back in future. ;)
today is your official independence day from uscis. cheers :-)
that is the good news. we are happy to hear this from you.
you could have posted the same on here "EB2 India/China GC Approvals Starting Aug 1st 2008" but worth stating this on a new thread so that you have something to remember when you look back in future. ;)
today is your official independence day from uscis. cheers :-)
more...
senthil1
07-26 01:34 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
sina
08-01 01:45 PM
Renewal application for EAD filed on July 30th for self and spouse. Checks have been cashed and got receipt number from the back of the checks.
Let's see when it get's approved.
Let's see when it get's approved.
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InTheMoment
09-03 02:13 PM
Your Welcome Notice serves as your approval notice. There are only two envelopes that one gets and you got both (Welcome Notice and Cards envelopes)
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
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bsbawa10
05-10 05:08 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
Hey, I like this suggestion a lot.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
Hey, I like this suggestion a lot.
more...
texcan
09-13 12:53 PM
Everyone,
It will be a great help for everyone, if you all update
case information in signature.
Information helps get a perspective to others who are reading it,
all info in one shot.
Please Please Please update your signature and add it to posts.
It will be a great help for everyone, if you all update
case information in signature.
Information helps get a perspective to others who are reading it,
all info in one shot.
Please Please Please update your signature and add it to posts.
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Googler
06-17 01:41 PM
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
It would be great if we kept this thread for receipt issues only but..
Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.
BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
It would be great if we kept this thread for receipt issues only but..
Please read the Ombudsmans 2007 report pgs 17-21. These are not real processing times.
BTW, I can't believe there are *still* people on this forum who haven't read this report -- it spells out absolutely everything that is going on/wrong with all our greencards, and you can't be bothered to read it?? :cool:
more...
subdhar
08-30 12:07 PM
Apporval from TSC or NSC??
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ramus
06-18 06:52 AM
How long you guys think it will take to get EAD and AP for June1st fillers..
me too
me too
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dontcareanymore
02-08 10:44 PM
Is there any way we can work for our US employer from India on Indian salary? ......................... So we will just be living in India and working remotely for the employer as a consultant. We will be paying indian taxes as the consulting company will be indian. Any thoughts?
Yes, that is called outsourcing model and there has been a lot of talk about it lately (last 5 to 7 years) about it :)
Yes, that is called outsourcing model and there has been a lot of talk about it lately (last 5 to 7 years) about it :)
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desi3933
08-18 01:53 PM
Here is an old post from SunnySurya
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
The moment I get sufficient number of people I am going all out.
But as a compromise, I have got a very simple and easy way out...I can tell you one thing, I do have a case which does not require any law change but just the interpretation of it.
Make sure that 5882 is successful. If it proceeds, I will back down. It is a shame that among 25K members raising 5K becomes a challenge.
This goes on to show there is no community. If there is not community then I have to look after my interest.
GC ke liye kucch bhi karega. (Translation: I will do anything to get my GC)
What happened to your case? It is so odd that you talk about compromise. How can you talk about compromise when you have absolutely no power. ;)
Good Luck, my friend.
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marblerock
05-24 02:07 PM
Emails sent to 2 + 9 (1 commonn). Will follow up with calls and emails to other senators.
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newu77
08-17 04:52 PM
Has anyone, who filed on July 2nd at NSC, I-140 approved from TSC and have an updated LUD on I-140, got their receipts yet?
I am still waiting...NO checks cashed yet...
I am still waiting...NO checks cashed yet...
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cal97
11-07 05:54 PM
I took an infopass appointment today. The IO sent an e-mail to NSC after taking details like DOB, address etc. for me and my wife.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
btw, FP for us has been scheduled. Looks like they have some kind of a queue for that but a notice has not been sent out.
So that was it. Am going to wait it out patiently.
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
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paskal
07-08 10:31 PM
This is a law violation and I have URL for it. In fact, the law also says that there is a 10% quota for each month.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
that is why i am raising it in that manner (and not mentioning security)
they are actually issuing those approvals in july
i am saying- until the LAST APPROVAL is complete, GC numbers are available.
they circumvented that by pre-alloting the numbers to cases
these cases could be rejected in the final days and a number would be back in the pool. therefore they should accept aos until they have approved all those cases finally
the pre-allotment was a sleight of hand to avoid the filings. they are actually doing the july approvals now as we speak and sending them out.
As I have posted earlier there are other issues. Thus, this is another issue and not the whole issue.
Pursuing this issue and violations of name checking does not get us much. They can cancel some GCs issued but still not accept July AOSs.
We need to concentrate on issues that support accepting July AOSs.
that is why i am raising it in that manner (and not mentioning security)
they are actually issuing those approvals in july
i am saying- until the LAST APPROVAL is complete, GC numbers are available.
they circumvented that by pre-alloting the numbers to cases
these cases could be rejected in the final days and a number would be back in the pool. therefore they should accept aos until they have approved all those cases finally
the pre-allotment was a sleight of hand to avoid the filings. they are actually doing the july approvals now as we speak and sending them out.
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Ramba
07-10 02:11 PM
Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.
Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)
WFGC2006
05-10 06:15 PM
Retrogressed all the way to 2000? Happened at the end of Q3 in the government calendar. Seem to me USCIS is laying the ground to assign all un-used visa number to indians in Q4. Just a guess....
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