pointlesswait
02-27 12:04 PM
i just hope it moves by 1-2 months...so at that rate..we can be certain that they know what they are doing.
somebody should sue USCIS for transperancy!
somebody should sue USCIS for transperancy!
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nyte_crawler
04-25 05:25 PM
Seriously it is impossible to change anything with the back-dated 100k applications. The only thing that could be done is help the future immigrants in a much better fashion. The only solution I see is, apply this rule after 1/1/2006. By applying this rule to back-dated applications will only create more chaos. Why would anybody would want to change the line again, because it is a different situation now. I would'nt. If that is the case, then USCIS should withdraw all their approved out-of-line GCs during 2004, atleast the retrogression will not be this bad. The best idea would be to wait and see if the current bill makes it out to the president with all the amendments included. That should relieve some or most of the retrogression.
desi3933
08-13 04:02 PM
I don't think we can do 'anything' about EB3 I. We are 100% at the mercy of USA (politicians, USCIS, DOS or whoever).
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
We can write letters, emails, fax, contribute to IV but nothing is gonna help. This is the fact!
We are not going to get our GC when we need it but only when they give it. And, it is not going to happen anytime sooner.
The options that we have in front of us (which would work for sure):
1. Live with this. Don't come to any forum, don't think about VISA bulletin. Take your Gc when it comes to your doorstep. May be by then, we may not need it. We may be tired of being on the same job and GC may not bring any motivation to our career.
2. Move over to EB2 - If possible, take all the pains of changing job, place of living, unpredictability in PERM queue and I140 queue and move over to EB2. But you never know. One of our Indian brothers might have just won a lawsuit to stop us from moving over!! In that sense, EB3 I is worst than illegals. Least wanted legals in the USA!!
3. Get out of this country - Give up the American dream and come to reality and start a new dream. May be Canadian dream or Australian dream...
We are stuck. And, nobody is going to help us. This is hard fact. Believe it.
Wearing my optimist hat, the only thing I can think of is, whether IV supports it or not (reason I say this is - once we talk about this -the core is going to refer to poor 'high five' collection or 'low number of people calling congressmen' etc. Not blaming them. They have their own issues. For us, the problems are bigger. IV core will not do anything for EB3 I exclusive) some 50-100 EB3 I applicants should go to DC and meet high officials, CHC folks and every department that is influential to EB immigrant VISA and make them understand our plight. No guarantee that this would work. But, we will get a first hand response that may help atleast help us to chose from one of 3 options listed above.
The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.
______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
The Need for a Compassionate Visa
A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:
* US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
* Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
* Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
* To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
* Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.
INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))
Current Provision in INA, section 203(h)
�RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is--
(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''
Explanation
The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.
Problems
The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.
Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.
Solutions
more...
kuhelica2000
09-14 11:15 AM
A lot of people had applied in EB3 since EB3 was current for a fairly long time and their lawyers suggested them to do so to avoid additional documentation. Many of these people could have applied in EB2 as they had the required qualification including me (US masters). Just like you could have applied in EB1 since you have a Ph.D; but you decided to apply in EB2.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
The catagory on which a person applies for greencard doesn't necessarily reflect his/her capability or intelligence. After all, if Michael Dell or Bill Gates had to apply for green card they had to apply in EB3. On the other hand, a lot of EB2 filers just fabricated their resumes with years of experience to qualify for EB2. But that shouldn't overcast shadows on real EB2 peoples ability.
I don't know from where you got your Ph.D but it definitely didn't inprove your ability to think rationally as evident in your post.
are bhagwan... kash maine substitue labor use kiya hota....
I would have been approved by then...
Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.
ho_gaya_kaya_?
07-14 08:22 PM
Silly question but I need an answer :)...How can I use Bill pay here? I bank with BOA and it asks for a company name if I choose bill pay...
Login to your bank account (This is for BoA)
Go to Bill Pay>>Payees>>Add a Payee
You will see two options
1)Pay a company
2) Pay an Individual
Click the GO button next to Pay an Individual (without entering any information)
In the next page
You will see a small form
Payee- is the name- in whose favor the check will be made
Nickname is for your reference
In Identifying information- you can put your handle
Rest is obvious
Payee creation is one time setup
Once you have created a payee
Go to Bill Pay>>Overview
and here you will see an option to make a payment
Login to your bank account (This is for BoA)
Go to Bill Pay>>Payees>>Add a Payee
You will see two options
1)Pay a company
2) Pay an Individual
Click the GO button next to Pay an Individual (without entering any information)
In the next page
You will see a small form
Payee- is the name- in whose favor the check will be made
Nickname is for your reference
In Identifying information- you can put your handle
Rest is obvious
Payee creation is one time setup
Once you have created a payee
Go to Bill Pay>>Overview
and here you will see an option to make a payment
more...
ronhira
07-06 02:06 AM
Funds will follow if people see viability. Anywaz nothing is coming out of lobbying efforts so currently how does it even matter ?
and hence a jesus is born. but let me ask you this - if nothing will come out of lobbying effort, then why is every tom dick and harry spending more and more money on lobbying. if lobbying won't work, what should we do.
wwbd - what would bawa do?
and hence a jesus is born. but let me ask you this - if nothing will come out of lobbying effort, then why is every tom dick and harry spending more and more money on lobbying. if lobbying won't work, what should we do.
wwbd - what would bawa do?
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ramus
09-09 10:50 AM
k3GC
Member Join Date: Aug 2006
Posts: 25
--------------------------------------------------------------------------------
Contributed $100.00, a small contribution from my side.
Member Join Date: Aug 2006
Posts: 25
--------------------------------------------------------------------------------
Contributed $100.00, a small contribution from my side.
more...
Milind123
09-15 11:05 PM
One more shot people, so we can start the final 401K round. Only one person who thinks our efforts is not going to waste, Only one person who think the 10 year wait process is going to end, only one person who realizes the vision of IV is strong, only one person who knows contribution by members are a necessity in order to move thing in Washington send flowers, buy lobby time etc.
And only one person who can save the �o� on my keyboard.
And only one person who can save the �o� on my keyboard.
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nursekm
10-03 11:03 PM
Thanks ! But it still unsure how long it will take ....
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
Concurrent filing can be done by anyone with approved Labor Certification. Schedule A applicants already have pre-approved LC.
This means, that not only Schedule A can file concurrently but also others as well.
more...
GCBy3000
07-18 12:09 PM
Where are the new members whom I see on other 485 related forums?
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diptam
09-01 03:02 PM
1. Yes yes yes
2. Yes
3. No
All Desi employers?
2. Yes
3. No
All Desi employers?
more...
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vayumahesh
12-02 10:38 AM
GeetaRam,
I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.
I would say to follow your attorney's advice though I don't think of any issues with going for premium processing as you are with the same employer. My friend has recently filed I-140 under regular processing and got approval within 2 1/2 months. Just make sure if your attorney submitted porting request while filing new I-140 under EB2. All the best.
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Macaca
09-11 12:11 PM
Just made contribution of 500$
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
No person was ever honored for
what he received.
Honor has been the reward for
what he gave
Calvin Coolidge
more...
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Macaca
09-12 12:34 PM
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
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nemadeni
05-02 02:32 PM
I don't see Visas Recapture bill going any where.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
It seems USCIS wants to potray that they are doing great job by doing various Process improvements. USCIS indirectly wants to say that eventually USCIS process will be improved to the extent that there will be no Visas wasted.
I think this was the most straight forward and simple bill. Other bills like removing the country limit are more challenging.So I don't see anything happening from immigration point unless democrats take over both senate and House in late 2008.
Hope for any legislative changes only in 2009 and beyond and not in 2008.
more...
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Winner
05-03 02:34 PM
Can the members in Texas and others call on Sen. Cornyn's office and ask him to support the bill. I just called their office, and the staff says that he has no statement from the senator, and therefore has no position as of yet. I asked him about the above report, and all he offered was "no comments"
Hope IV members step up their efforts in calling the list of Senators and post their feedback on this forum. We can learn from each others feedback and bring more pressure on these legislators.
Not sure why they are so inconsistent, I called Sen. Cornyn's office an hour ago and spoke to one of his staff members, they told me Senator does not support the bill because of the issues he has will parts of the bill which provides undocumented works a path to citizenship, but we had a good a good conversation about the legal immigrants issues and potential solutions in the bill. She promised to convey my message to the senator.
Hope IV members step up their efforts in calling the list of Senators and post their feedback on this forum. We can learn from each others feedback and bring more pressure on these legislators.
Not sure why they are so inconsistent, I called Sen. Cornyn's office an hour ago and spoke to one of his staff members, they told me Senator does not support the bill because of the issues he has will parts of the bill which provides undocumented works a path to citizenship, but we had a good a good conversation about the legal immigrants issues and potential solutions in the bill. She promised to convey my message to the senator.
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chanduv23
02-24 01:17 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
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hopefullegalimmigrant
01-04 01:27 PM
helpless situation. Got to stay cool :cool:
gctoget
08-03 03:51 PM
bunp
hebbar77
09-10 06:08 PM
I was hopeful of GC soon. Now with OCT bulletin, I will let the GC come(or not) and use my EAD to get on with my life.
Let anyone bullshit with PDs etc.
Let anyone bullshit with PDs etc.
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