Friday, July 1, 2011

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  • vbkris77
    07-19 10:49 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

    Even though I am waiting under EB2, I support this initiative. However INA clearly tells CIS/DoS to follow their current approach. Otherwise, this would have been in our first question to administration. Read below the text from INA with emphasis added.

    Now I don't think it is fair. So I think we need to ask IV Core to analyze the proposal of adding the required text to CIR to make the process level playing for everyone. Recapture of visas coupled with removal of country limits would actually clear the current backlog. But to avoid future backlog I think it is only fair to make Spillover of the visas available beyond 28.6 % of visas available for any category be applied to the applicants with oldest priority date irrespective of the priority category.




    INA Sec 203

    (b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:

    (1) Priority workers. - Visas shall first 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 paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):

    (A) Aliens with extraordinary ability. - An alien is described in this subparagraph if -

    (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,

    (ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and

    (iii) the alien's entry into the United States will substantially benefit prospectively the United States.

    (B) Outstanding professors and researchers. -An alien is described in this subparagraph if -

    (i) the alien is recognized internationally as outstanding in a specific academic area,

    (ii) the alien has at least 3 years of experience in teaching or research in the academic area, and

    (iii) the alien seeks to enter the United States-

    (I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,

    (II) for a comparable position with a university or institution of higher education to conduct research in the area, or

    (III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

    (C) Certain multinational executives and managers. An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.


    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

    (A) In general. - 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.

    (B) (i) 1/ 1a/ Subject to clause (ii), the Attorney General may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.



    (ii) (I) The Attorney General shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if--

    (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; and



    (bb) a Federal agency or a department of public health in any State has previously determined that the alien physician's work in such an area or at such facility was in the public interest.


    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)




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  • vbkris77
    05-08 01:57 PM
    You just typed the message in my head.. Can IV Take this as a bullet and campaign saying since it is not clear in law and cfr, Give us the benefit of doubt?




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  • coolngood4u80
    11-17 03:26 PM
    Done




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  • desi_scorpion
    08-02 10:32 AM
    Thanks for activile asking the right questions (where the 140 was approved - nsc or tsc) on trakiitt. Thx



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  • kshitijnt
    05-01 12:15 AM
    I think EB3 India will move to Dec 2004 by end of this year. (crossing my finger and praying hope this will come true)

    By the end of this year If they haven't made any significant movement in EB3 India We should seriously look into filling a lawsuit for country discrimination. Seriously I'm surprised no one is looking into filling a lawsuit for this endless country based discrimination.

    I can't think of any other solution for this mess. Watching the house hearing made me sick they can't even differentiate GC visa and H1B visa.

    I would be happy if EB2 India gets upto Dec04. Forget EB3. Also any lawsuit is only sustainable only if its properly funded, well represented and there is wide public support if you expect the class action status. Mr Rajiv Khanna filed a lawsuit for 485 backlogs and its class action status was denied by the judge which I personally think was a biased judge and later USCIS quickly approved 485s of plaintiffs making lawsuit moot.




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  • nk2006
    10-20 04:22 PM
    If there's a recession (even with a soft landing) in 2007, as many economists and Wall Street people are saying, and we don't get SKIL Act through congress during lame-duck session -- what will it mean for us? Will business lobbies still have a strong case to sell to lawmakers amid a recession?..

    Yes I think you brought up a very good point. Not sure how much the recession/soft landing will affect the high technology job market. The high tech job market is just picking up in many areas and companies are having tough time to get employees. Whatever the opponents of H1B might say, the fact is getting eligible candidates is tough in many areas. And that is why many big companies are advocating visa increases (they have vested interest in only asking for h1b increase and don�t care about EB numbers; that�s a different issue). To take advantage of that sentiment � this is the best time. We don�t know how political/economic situation in next year (2007) and 2008 being presidential election year, immigration can become a hot button issue and politicians will club our issues with illegals which can confuse everyone. Lame-duck session is our best chance yet to have any of our measures. Corporate world looking for more H1B numbers will work hard and try to put in their measures in some bill. We have to work hard to have our measure clubbed to them.

    If SKILL bill is passed in total that would be our best case scenario but I think its really difficult (anti-immigration groups and their lobbying is much stronger than many of us think; just look at what happened in the last one year to several bills that are even slightly favorable to legal immigration).



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  • Jimi_Hendrix
    10-16 01:14 PM
    The immigration debate for legal immigrants and illegal immigrants with substantial presence in the USA has been raging for 2 years now. Reforms consistently went through Senate but got stuck in the house. Last year has been most painful and has brought matters to a tipping point. Therefore, I conclude that after the elections things have to settle down - this matter cannot be up in the air any longer. Either we get formally and bitterly screwed or some relief pops out in the next 2-3 months.




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  • santhi_krishna
    08-13 11:10 PM
    Did you get this notice or did your lawyer? Do you have an I-140 LUD update?

    My lawyer got the notice and they scanned and sent it to me. My I140 is pending since Jan 2007 and there is no LUD update.



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  • h4help
    08-24 11:41 PM
    Applied EB2 I485+AP+EAD
    Delivered on July 5th
    no receipts yet ...




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  • h1techSlave
    06-29 10:43 AM
    The answer to your question is: Nothing. They may be waiting, because of many reasons like, they are scared, do not care, there are other opportunities, tired of this immigration crap, lack of enough knowledge regarding their rights.

    Now, I do not think the onus correcting such mistakes is 100% on the EAD folks' shoulders. I remember reading how slavery ended in this country. Slavery died, not because the black people fought for the abolition of slavery; slavery ended when the white man realized that slavery is wrong.

    Based on the same logic, I would say that the job of stopping discrimination against EAD/H1B etc. is mainly the responsibility of Citizens and GC holders. It is their country; it is up to them to fix it.

    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.



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  • mariusp
    03-18 07:57 PM
    Most of us filed in July but had our cases transfered to TSC later. For example, I filed July 12 @ NSC and the receipt was generated on Sept 10 from TSC. I know of others with ND Sept 10 @ TSC who didn't receive FP notices, including coworkers of mine. It looks like someone at TSC took a few shortcuts during the receipting process.

    My frustration comes from the fact that I've called three times and opened SRs but still nothing. I don't see how someone can honestly screw up three times and fail to schedule a simple FP appointment. If this is such a huge task for them you can imagine how the entire process is handled and why we 're all stuck waiting for name checks, priority dates, processing dates, biometrics appointments, extended reviews, and the rest of the crap...




    By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.




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  • PBECVictim
    08-13 03:27 PM
    Your case is like me, except I am porting Priority date from my previous approved I-140 Eb3 case. Your new I-140 transferred to Texas Service centre because your employer comes under Texas Service centre. Your residency location also comes under Texas service centre. So you will receive I-485, I-765 and I-131 with SRC numbers. But it may take longer time.

    Good thing is Texas Service center is processing I-140 applications in May 2007. Max they are taking 5 months. People are discussing about LUD, it doesn't matter. It seems Texas service centre doing some regular maintenance. If you register your old approved H1s, their LUDs also changing.

    Texas Service Centre data entry dates:
    I-140 - 07/31/2007
    I-485 -- 06/28/2007

    I-140 Direct filing locations

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I-485 Direct filing locations
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I am in NJ and my employer too, and yes 140-485-765 concurrently..and I just checked the 140 file and it was updated 8-12-07...Do you guys think this is related to notices of action??? :confused:



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  • eb3_nepa
    12-11 11:26 AM
    If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.




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  • GCDream
    07-03 09:01 AM
    I am with you guys. Lets do it.



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  • trueguy
    09-19 07:31 PM
    By August 2009 buletin, EB3-I will settle between 2005 Jan-May.

    on what basis are you saying that?




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  • javadeveloper
    07-20 09:28 PM
    We'll do these things for common/generic issues like visa recapture,not counting dependents visas,removing per country quota.

    #1.EB3s will start contributing , let's say $100 Each
    #2.EB2s will match the amount in #1
    #3.GC holders(Both EB2&EB3 - IV members) will contribute $250 to help their IV friends.

    I am ready to contribute any EB2 & EB3 guys are ready? I am happy to contribute $500 more after I get GC



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  • gauravster
    07-08 04:30 PM
    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?


    .

    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.




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  • anzerraja
    07-19 09:01 PM
    Thanks !

    Count me in for reimbursement - 100$




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  • vadapav
    12-02 03:46 PM
    Friends,
    Please give your opinion on my plan.

    Current Status:EB3 PD 08/2004, I140 Approved, Got EAD, Good relations with current employer

    I have no realistic hopes by getting GC by end of next year.

    New employment: Have an offer to start a new job around middle of next year by which 180 days will be complete. New job is very different than current one. Here is my plan:
    1. Don't file AC21, hope that I won't receive RFE since my PD wont be current for a long time.
    2. Change address, but give friend's address in the same city as mentioned on application
    3. Convince current employer to respond to RFE (in case any) positively
    4. May be have an arrangement with current employer to work part time when I start new job. So that way, I'll remain on previous employer's payroll and he can respond to RFE

    Does this sound far fetched?

    thnx




    micofrost
    11-17 05:07 PM
    Done.

    Message sent to:

    Senator Sherrod Brown (D-OH)
    Senator George V. Voinovich (R-OH)
    Representative Patrick J. Tiberi (R-OH 12th)

    I think the Republicans on that list are somewhat supportive anyway.

    The link was pretty nice and easy!!!

    "I-485 Approved : 08/04/2010"




    RockyRocky
    09-03 12:18 AM
    Folks,

    I got card production email on 19th night (20th) August... got approval email on 22nd . Received welcome notice physical mail on 25th August-- So far not received Green cards nor Approval notice. As per email received it says -- Approval was mailed on 22nd AUgust. Anybody in same boat ??



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