drirshad
02-17 10:21 AM
There was supposed to be some big news coming from IV did not hear anything yet ..............
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kingnaga
09-16 09:56 PM
Waiting sucks, but the only option for now.. July 3rd NSC LIN nothing so far... :(
gene77
08-20 01:53 PM
I'm at Oct 2004 (EB3-I), 35 years for me .... you don't say!
No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.
No seriously guys, 'spatial' brings up a good point; the laws are up for interpretation by the USCIS.
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gc_maine2
08-07 04:22 PM
LOL :D:D:D:D
[QUOTE=pappu;273861]:D:D:D
Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
[QUOTE=pappu;273861]:D:D:D
Yes you can port it using AC21. IV will need to issue a new memo for it though. But your designation should be same. If you are a junior member, you need to post only as a junior member on IV forums.
Its your choice.
more...
delhirocks
06-29 08:37 PM
Damn this sucking life man, no social life, no career life, no nothing life. Even animals must be living a better and meaningful life. It sucks big time, did it ever happen in history that uscis revised a visa bulletin on the day it is supposed to go into effect ....
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no career life", "no nothing life".
Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwards (heard its nice).
If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...
We must fill their mailbox guys, let tham know this cannot be accepted.
uscis.webmaster@dhs.gov
National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833)
I don't intent to sound rude, but why would this make your life "Suck", "no social life" , "no career life", "no nothing life".
Iam in the same position as everybody else, and am deeply dissapointed with the news (hence Iam here), but I just spend 2 hours in a nice pub, drinking nice micro brews, came home had a nice talk with my wife (H4), we are planning on going out for dinner and maybe watch Knocked up afterwards (heard its nice).
If this were to be true, it would delay our GC by another 2-3 years, but we are in this country on our own free will, making good money. Be dissapointed, but this is not the end of the world..Mantain the perspective...
PD_Dec2002
06-29 08:11 PM
If you were current for June and if the USCIS received your application in June, then you are 100% fine. USCIS stamps the "received date" on the package. So when they open it for processing (1,2,3 weeks later), they will see that your PD was current when they received it.
Of course, if your PD is not current when they open it, then of course, your 485 won't be approved. But you will get your EAD and AP.
Thanks,
Jayant
P.S.: Note that there is some disagreement about whether the USCIS looks at the date they received the package or the date your package is post-marked.
Of course, if your PD is not current when they open it, then of course, your 485 won't be approved. But you will get your EAD and AP.
Thanks,
Jayant
P.S.: Note that there is some disagreement about whether the USCIS looks at the date they received the package or the date your package is post-marked.
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Ramba
08-21 12:46 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) ]for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
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sidbee
09-24 01:22 PM
THe reason USCIS is showing low numbers for the reason that , no one will then raise the question for recpature. Looking at the numbers they will say, O, the numbers are so low, whats the need for recapture and we will be left hanging cold and dry.
This is a plot of a well planned strategy.
I don't think you should be drawing conclusions , or thinking of conspiracy theories.
This is a plot of a well planned strategy.
I don't think you should be drawing conclusions , or thinking of conspiracy theories.
more...
ram_ram
01-03 12:24 PM
That is good news.
Thanks for all your efforts..SunJoshi.
Guys,
I got a letter from Cong Tom Price (Rep- GA) saying that the immigration clauses in the Budget Reconciliation Bill did not make it. But he will try to push for those clauses in the immigration bills in 2006.
I got the same message from his DC staff, when I called to follow-up.
SJ
Edited by admin. No personal names please. Only screen names.
Thanks for all your efforts..SunJoshi.
Guys,
I got a letter from Cong Tom Price (Rep- GA) saying that the immigration clauses in the Budget Reconciliation Bill did not make it. But he will try to push for those clauses in the immigration bills in 2006.
I got the same message from his DC staff, when I called to follow-up.
SJ
Edited by admin. No personal names please. Only screen names.
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sareesh
09-24 08:26 PM
Two of my friends successfully ported to EB2.
PD nov04 &
PD dec04
I requested my lawyer about my options?
TX
SG
PD nov04 &
PD dec04
I requested my lawyer about my options?
TX
SG
more...
kushaljn
01-17 02:36 PM
Hello, I can understand your pain as I was in a similar situation as you are. I would recommend to wait for atleast 2 weeks. I interviewed on 28th Dec and finally got the email on 9th Jan and the pp stamped on 10th Jan and took the flight on 12th Jan.
If you have an upcoming travel which is in next week, please try to reschedule it as it is not certain on how much time does it take in such cases.
I do not think getting the employer involved into this will help. VFS office will have no clue on this and they will answer only Questions on the process. Writing to the US consulate will also give you a general answer. It is sad that there is no accountability in cases like these. Please keep the faith.
I am in the same situation. Appeared for interview on 8th jan in Mumbai. They returned my PP, I-797 with a yellow paper and asked me to wait for email. Haven't recieved any email yet. Do I need to contact my employer? Does my employer need to call someone in US for approval? Or shall I just keep waiting? It is very frustrating. I called VFS office but they don't know anything.. If anyone has received email or approval please keep us posted as this is the only source of information.
If you have an upcoming travel which is in next week, please try to reschedule it as it is not certain on how much time does it take in such cases.
I do not think getting the employer involved into this will help. VFS office will have no clue on this and they will answer only Questions on the process. Writing to the US consulate will also give you a general answer. It is sad that there is no accountability in cases like these. Please keep the faith.
I am in the same situation. Appeared for interview on 8th jan in Mumbai. They returned my PP, I-797 with a yellow paper and asked me to wait for email. Haven't recieved any email yet. Do I need to contact my employer? Does my employer need to call someone in US for approval? Or shall I just keep waiting? It is very frustrating. I called VFS office but they don't know anything.. If anyone has received email or approval please keep us posted as this is the only source of information.
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Libra
06-16 12:08 PM
What is I-94# is it the number on I-94 no. attached 797 form or arrival i-94 card(white) no? And what is nonimmigrant visa number? guys please help am filling 485 form.
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seekerofpeace
10-06 04:40 PM
Guys,
As you know my wife got approved yesterday I received her CPO mail I checked the new funky website of USCIS case status and she was at the last DOT that of card production ordered....so we heaved a sigh of relief.....BTW I was approved on Sept 3rd and I am still at Post Decision Circle....
Today we got another mail from USCIS....Notice mailed welcoming applicant blah blah...you may get card in 60 days barring any ADIT processing blah blah....and her status in that funky website moved backward two holes to "Decision" hole...
Strange ain't it...I hope it does not move backward any further for any of us...
Strange are the ways of USCIS
As you know my wife got approved yesterday I received her CPO mail I checked the new funky website of USCIS case status and she was at the last DOT that of card production ordered....so we heaved a sigh of relief.....BTW I was approved on Sept 3rd and I am still at Post Decision Circle....
Today we got another mail from USCIS....Notice mailed welcoming applicant blah blah...you may get card in 60 days barring any ADIT processing blah blah....and her status in that funky website moved backward two holes to "Decision" hole...
Strange ain't it...I hope it does not move backward any further for any of us...
Strange are the ways of USCIS
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tempgc
07-09 09:30 PM
I don't understand why some section of educated people doesn't understand small things...
1. Intention in sending the flowers is to gain attention from USCIS and the media.
2.Do you know one thing, USCIS director himself helped us more than half to gain media attention by making a statement and forwarding those flowers to the Hospital.
3. If there are 'n' flower orders, they will reach 'n' families in the states with our message in them. Our initial goal was to gain the attention of USCIS director and media. Now we are getting a bonus of 'n' families and their mouth publicity to our problem.
If you sent flowers, and you differ in thinking atleast have patience and see the result in couple of days. Don't do any bad at this point.
Lets hope the best.
1. Intention in sending the flowers is to gain attention from USCIS and the media.
2.Do you know one thing, USCIS director himself helped us more than half to gain media attention by making a statement and forwarding those flowers to the Hospital.
3. If there are 'n' flower orders, they will reach 'n' families in the states with our message in them. Our initial goal was to gain the attention of USCIS director and media. Now we are getting a bonus of 'n' families and their mouth publicity to our problem.
If you sent flowers, and you differ in thinking atleast have patience and see the result in couple of days. Don't do any bad at this point.
Lets hope the best.
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SunnySurya
08-07 02:05 PM
Yes, it matters, all those guys whom I speak about has RD of July 2nd 07
Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because
1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.
so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.
stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D
Let us assume that EB2 is going to be current in a year or even sooner than that. Given that situation, and arguing that about 500 people jumped ahead into line over you in to EB2 from EB3, still I do not foresee that their GC's will be approved before the people who are already in line, because
1) as FIFO is not being followed by USCIS, probably they are processing cases based on RD,
2) PD porting is effectively done at the time the second I-140 IS APPROVED. At I-485 stage you can only hope to PD recapture and cross your fingers after sending a no fee letter. This will surely would need additional scrutiny, hence is not a so called 'Low hanging fruit'. Even if an EB3 person wants to start his process right now, it will not be probably before a year and half to two years before he/she is ready to port, and by that time you are past the gate or significantly nearer.
so my point of view is if you look at this thing negatively, you would have a Heartburn and related health issues, but if you are positive and an optimist you would deserve what you get.
stay healthy! that is more important than stressing yourself on issues which in the long term do not matter really. (You will get GC on or two rears later in the worst case scenario). cheer up folks:D:D:D
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nishant81
11-06 03:02 PM
If they were submitted on 8/30/ and it's not cleared yet and your derivatives are cleared then more than likely you are stucked, there is some probability that you might be cleared in few weeks depending on number of hits generated against your name and avaialibility of the documents needed to be refered by fbi to clear you. However you dont need to worry much because now a days fbi seems to getting work lot faster then it used to. Also since july fbi has increased the fees that they charge USCIS to do the check which has increased the staff at NNCP and so the efficiency. I would suggest for you to wait 60 days and try again. Hopefully you have good news. I have been waiting 35 months.
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prav27
01-16 10:18 AM
Hello,
I have to travel to India this month and still in a dilemma whether to take a Visa appointment or to travel on AP, I don't see many experiences from Delhi consulate so having difficulty in deciding.
Please post any experiences related to PIMS delay at Delhi consulate.
Thanks
I have to travel to India this month and still in a dilemma whether to take a Visa appointment or to travel on AP, I don't see many experiences from Delhi consulate so having difficulty in deciding.
Please post any experiences related to PIMS delay at Delhi consulate.
Thanks
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spdy_mn
06-29 04:49 PM
They probably got overwhelmed by applications in June.
Thanks,
Jayant
And they realized it just today. :(
Thanks,
Jayant
And they realized it just today. :(
PlainSpeak
03-29 11:58 AM
Man you made my day... atleast i can be happy for coming three weeks, then i will go back to normal after Visa Bulletin Copy/paste.
Ha Ha Ha .....
MC you are an eternal pessimist !!!
Ha Ha Ha .....
MC you are an eternal pessimist !!!
spatial
08-20 01:17 PM
That is not true...If you look at the Visa Bullettin, it says
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
EB3 gets EB1 only if it is not used by EB1.
I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.
Thanks,
G
It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), 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.
Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.
"
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any umbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Based on the above EB1 spills over to EB2 first.....Eb3 gets unused EB2.
EB3 gets EB1 only if it is not used by EB1.
I'm EB3-I with Oct 2003 PD and I understand your frustration. There is hope only if a legislation change happens. Based on my calculation, there are about 50K to 60K EB3-I pending before me.
Thanks,
G
It is not true. The orignal text in IMMIGRATION AND NATIONALITY ACT says "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), 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.
Beyond 28.6 percent, there is no words/requirements from the law that EB1 should spillover to EB2 first, then EB2 can spillover to EB3. It is just saying that EB1 can spillover to EB2, EB1&EB2 can spillover to EB3.
"
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