willwin
06-12 02:01 PM
One big missing piece in your analysis - Country quota.
As per your analysis, there are around 125K pending cases. If there is no spill over (that is the case this year and that will be the case for the coming years as per State dept.), then EB3-I or EB2-I gets only 2700 visas per year.
Now, please redo your math and you can easily see that the current retrogress might look like there is hardly any retrogression.
country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.
As per your analysis, there are around 125K pending cases. If there is no spill over (that is the case this year and that will be the case for the coming years as per State dept.), then EB3-I or EB2-I gets only 2700 visas per year.
Now, please redo your math and you can easily see that the current retrogress might look like there is hardly any retrogression.
country quota will not impact I and C once the dates are current for ROW due to the spillover. If the number of applications pending is, say 100K and 95 K out of that are I and C. And assume 10K applications from ROW are add to the queue, what I am saying is all 110K will be cleared by end of the fiscal year.
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ameryki
08-29 01:12 PM
Can somebody answer this question of mine please.
If you are efiling it will automatically assign you the service center that you should be filing to. Better shoot for that to avoid any issues.
If you are efiling it will automatically assign you the service center that you should be filing to. Better shoot for that to avoid any issues.
n2b
09-29 10:21 AM
I agree with most. We should not expect major "Forward" movement in dates until the 3rd & the 4th quarter of USCIS' fiscal year! Until then we might as well keep the prediction threads to the minimum.
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vinodp1978
06-28 02:00 PM
According to this from Murthy:
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
Generally, one may apply for an interim EAD card, if the EAD application has been pending more than 90 days if there is not an unanswered Request for Evidence (RFE) on an I-140, I-485, or I-765 that is pending with the USCIS for the applicant. The interim EAD may be obtained at a local USCIS office. To obtain an interim EAD, two USCIS-specified photographs and the 485 and EAD receipt notices are needed.
more...
nikh
10-24 03:47 PM
july 2nd filer
http://www..com/discuss/485eb/63774255/
http://www..com/discuss/485eb/63774255/
senthil1
05-28 05:49 PM
It is not the case that when the reduce H1b they need to outsource. Can any statitics tell that last 3 years H1b cap reached but because of that Outsourcing is done or US lost Compettiveness because there is no skilled workers. No evidence proves that. Still US only is having most technology companies.
If US lose 12 million illegals that will cause a problem for employers. But if 50% of H1b people leave the country because of green card issues then same or more number of people will enter by H1 or L1 or b1. That is the reason Skil bill was not able to pass in the Senate based on the fact that some abuses are in H1b. Skill bill can be delayed 5 years but impact will be less for the country. But impact will be more for immigrants. Also now H1b can be extended unlimited number of times when I140 is cleared. So really exodus will be very less compared to incoming persons. So there is no compelling reason for the country to increase gc. But for illegals there is compelling reason to act on them because illegal immigration will go uncontrolled if they leave as it is.
Good point , Yes we need to give our response to it. but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.
I work in a comp where mostly they have GC or Citz and in some cases they waited even 2 months + and then decided to take H1b's.
There are no enough Americans who can do the Job if these guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.
The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.
If US lose 12 million illegals that will cause a problem for employers. But if 50% of H1b people leave the country because of green card issues then same or more number of people will enter by H1 or L1 or b1. That is the reason Skil bill was not able to pass in the Senate based on the fact that some abuses are in H1b. Skill bill can be delayed 5 years but impact will be less for the country. But impact will be more for immigrants. Also now H1b can be extended unlimited number of times when I140 is cleared. So really exodus will be very less compared to incoming persons. So there is no compelling reason for the country to increase gc. But for illegals there is compelling reason to act on them because illegal immigration will go uncontrolled if they leave as it is.
Good point , Yes we need to give our response to it. but neither H1B says its only for INNOVATORS rather it says only SKILLED workers. Not even every PhD is innovator . May be in some circumstances the so said perspective is true but i dont agree with every point.
I work in a comp where mostly they have GC or Citz and in some cases they waited even 2 months + and then decided to take H1b's.
There are no enough Americans who can do the Job if these guys think its H1B and remove H1B every Job will land as an outsourcing . If not h1B many Outsourcing IT firms will find some way to temp bring IT pros and eventually outsource.
The Key point that IV is making is how much taxes we are paying and how good we are making to American economy. If they remove H1B ,then they understand how and what they have lost.
more...
gunabcd
06-30 07:55 PM
How long USCIS tool to update the status online to show your RFE response has been received? I sent the response for RFE on June 7th and there is update about the case at all. No online status update either. God knows what they are doing with it. They are suppose to complete the case in 15 qorking days after they receive it.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
Mine it took 2/3 days after sending response. I thought they got too busy sending notices to new I140 PPs after june 15th and not processing I140s. But i saw someone whoe did PP on june 21 and got approve in a few days.
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sam_hoosier
06-18 02:31 PM
I am planning to file EAD/AP for my wife who is on H4 along with adjustment of status application. Will she continue on her H4 status till she gets EAD/AP?
Yes.
Yes.
more...
chintu25
04-01 04:38 PM
:)
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thamizhan
07-19 02:43 PM
I too heard the same and thats a good news for all of us.
more...
Humhongekamyab
01-15 03:07 PM
I went through the Federal Firearm Law and here is what I found:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
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willgetgc2005
05-11 01:08 PM
Exactly yebo123.
That is what employers want. To hold you till you have no more juice left.
When in your prime you have given all you got for 5-8 years who cares about you after that, not the employers not the system.
It is all part of the plan. When u are on H1, you have to be 200% productive. That benefits the economy. All and sundry here know the game. So they like you to be the way you are for a long long time.
Contribute to Social security with no benefits, pay taxes, buy cars
etc and boost the economy.
After 5-8 years if you still have the energy left to wait, then sure, you stand a chance after perhaps everyone else gets a GC.
"Good morning, Rhodene & Stockton. How may i help you?"
...
"Yes sir, we do trade in the futures market"
...
"Certainly sir, what would you like to put up?"
...
"So you would like to bet your family's future? No problem"
...
"Non-resident alien, 5yrs H1B... ok"
...
"EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
...
...
"Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
...
"Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
...
"Great. I will have the paperwork out for your signature in the morning. Have a nice day"
That is what employers want. To hold you till you have no more juice left.
When in your prime you have given all you got for 5-8 years who cares about you after that, not the employers not the system.
It is all part of the plan. When u are on H1, you have to be 200% productive. That benefits the economy. All and sundry here know the game. So they like you to be the way you are for a long long time.
Contribute to Social security with no benefits, pay taxes, buy cars
etc and boost the economy.
After 5-8 years if you still have the energy left to wait, then sure, you stand a chance after perhaps everyone else gets a GC.
"Good morning, Rhodene & Stockton. How may i help you?"
...
"Yes sir, we do trade in the futures market"
...
"Certainly sir, what would you like to put up?"
...
"So you would like to bet your family's future? No problem"
...
"Non-resident alien, 5yrs H1B... ok"
...
"EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
...
...
"Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
...
"Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
...
"Great. I will have the paperwork out for your signature in the morning. Have a nice day"
more...
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asanghi
04-16 02:13 PM
Is the donation link broken? I clicked on the donate one time button, and it takes me to smiley page. Did anyone else have this problem.
If anyone knows the link that works please post.
If anyone knows the link that works please post.
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rockstart
08-04 08:53 AM
I dont think USCIS is thinking that way. They are just picking a stack of application ( mix of all EB1 2 3 for all nationalities) and validating the applications to see if anything is missing or if there are potential reasons to deny it. If they can deny it they will do it promptly and that is one less case to be shown as pending. If they need additional info they will issue RFE and get updates. If they feel satisfied they can pre-adjudicate application and claim that count in their yearly review as acheivement.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
more...
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wahwah
09-12 09:49 PM
welcome to the world of retrogression. it is only going to get worse from here on out.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
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gimme_GC2006
05-06 08:48 PM
Guys!!!
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
Very well said..I have many desi ppl at my work place who gag about H1b slavery blah-blah..Not giving GC early..
People need to understand. (Offcourse its frustrating to wait for..but no one forced us to stay here..or come here)
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
Very well said..I have many desi ppl at my work place who gag about H1b slavery blah-blah..Not giving GC early..
People need to understand. (Offcourse its frustrating to wait for..but no one forced us to stay here..or come here)
more...
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smmakani
04-11 07:00 PM
I really appreciate the core team and other active members for their work and dedication.
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posmd
03-28 04:14 PM
Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
The BEC mess can be sorted in other ways.
Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
There is NO WAY around retrogression mess.
Try to see the bigger picture, since your ultimate objective presumably is getting the green card.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
I sympathise with your situation. However the point you are missing in the grand scheme of things is retrogression and visa numbers is a problem that can ONLY be solved with legislation. Congress legislates.
The BEC mess can be sorted in other ways.
Right now if the BECs were to get off their butts and approve your labour today you would not be any better off in any tangible way. If you wanted to buy your way out of that problem you could file PERM and ask that your labour priority date be substituted.
There is NO WAY around retrogression mess.
Try to see the bigger picture, since your ultimate objective presumably is getting the green card.
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nandakumar
05-11 12:08 PM
Even though i hope for the best but my least expectaion is to allow us to file 485 even without PD being current and exempt the family members to be included in the GC count.
black_logs
09-15 09:59 AM
Very nice!!!! What you wrote holds true for 99% of Green Card seekers, if not 100% Its very interesting to read about people�s different perspective about
sanojkumar
04-26 09:35 AM
I have been a passive visitor to this site for sometime. now I can't resist sending my contribution for this great cause for all of us. It is on the way. Thanks again!
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