arkrish68
06-11 10:44 AM
I and my wife we both did send the email.
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BharatPremi
03-17 04:45 PM
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
Spillover is not handled within category: It is handled from top preference to lower preference. Spillover pattern is as under. It is circular and cyclic with broken link from EB3 to EB4.
Just for a reference read "EMPLOYMENT-BASED PREFERENCES" on following bulletin link.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
So legal pattern for spillover is as under.
--------------------------------------
EB1 -> EB2
EB1->EB2 -> EB3. ( This is legally defined but never happens as EB2 has a
larger demand.)
EB4->EB1
Note: Nothing goes from EB3 to any category and practical reality is that
nothing extra comes to EB3 as EB2 is always hungry:)
In April what happened was not "really a Spillover, the loose term what we use on this board" but the use of Section "D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY" in the bulletin.
USCIS found that EB2-ROW seems to be having less applicants against "total number of visas which can be granted this year" so if it does not use them then will be wasted. So USCIS again checked the database and found that EB2-India seems to be having considerable load so it decided to divert those numbers for EB2-India. USCIS can do that as per mentioned section and for such kind of awards "per country limit" is not applicable and that is perfectly legal.
feedfront
09-17 09:58 AM
Anyone received RFE letter? I've not received it yet.
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delhikadesi
06-10 09:36 PM
done
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kittu1991
03-17 01:56 PM
Thanks
Just commented on it since he has nothing better to do.
Just commented on it since he has nothing better to do.
agaudi
11-13 12:10 PM
The are playing with all of us, At this point after almost 10 years of following the law in order to get a GC I guess that is better to be undocumented. They at least can swith jobs or do other things, not paying lawyers USICS fees taxes etc etc. We are prisoners in this broken immigration system. the other day I called USCIS to see why my and my family's apps haven't been processed yet. They said they will review my case. 5 days later I got three identical e mails telling me they are ACTIVELY working on our cases! Can you believe that? I'm tired of all of this and I want to do whatever it takes to finish with this, I think I can produce more for me, my family and this country, but I'm loosing my youth in this battle. Tell me what to do and I'll do it.
more...
makemygc
07-16 08:27 PM
The only way to counter this is to fax the senators and reps stating the "real" facts!
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
Problem is senators or congressmen who support us know the facts and those who do not support us, do not want to know the facts.
Still I think it's a good idea and definitely should be implemented along with few other alternatives too..like educating common mass.
I guess we need to come out with a white paper about "Top 10 Myths about Employment Based Immigration". Any good writer here...?
We can fax these white papers to attorney, media and even number usa too.
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prioritydate
12-20 08:59 PM
That's just another proof. A person who accumulated more than 180 days of unlawful presense is inadmissible into the US (at least for 3 years).
Wow! I would have gotten a shock of my life!!
Wow! I would have gotten a shock of my life!!
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hsm2007
10-18 12:30 PM
Did you confirm whether they received your RFE? You can go to Infopass and also talk to second level IO just to make sure that they received your RFE.
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
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amitjoey
02-15 02:20 PM
I don\'t want to stand in line three times longer just because 60 percent of the applicants are natives of one country. Look what\'s going on with H-1B. There is no per-country quota and ROW is simply screwed.
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
How is ROW getting screwed?. Look at the situation as individuals applying irrespective of country of birth. Last Year, there were 120,000(approx) applicants and only 60,000(approx) H1-b1 visas. NOW: It just happens that a lot or 60%were natives of one country. But that does not mean anything... There could be more ROW applicants who could apply, no body is stopping them. There are just not enough ROW applicants that employers can find.
Also remember countries like India, China do not qualify for diversity visas. So an ROW applicant also has that advantage. Most people from small african countries and others qualify to apply there. China, India, Phillipines, Mexico are also backlogged in the family category. ROW has that advantage too.
more...
Hope_GC
07-16 08:02 PM
I agree with you..
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.
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vbkris77
06-10 12:47 PM
This if enacted will get all the so called "non-desi" employees/employers. Remember in last one year there was no major employer without layoffs.
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madhu_online1
03-22 06:58 PM
Guys,
I can donate 25000 airline miles to replace the cost of one ticket and make it simple for someone to buy a ticket.
Madhu
I can donate 25000 airline miles to replace the cost of one ticket and make it simple for someone to buy a ticket.
Madhu
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amrutasanjiv8
12-21 10:30 PM
Hi ,
I have H1B from my current company A. My fiance is having no visa so he is in India. He is in IT hardware field.....
Also I am currently searching for jobs in IT hardware field in USA but as he is not in USA so no luck till now.....
1) I am thinking of bringing him in USA after marriage on H4...the reason is it seems to be very difficult to find job in USA from India with H1 sponsorship ...As I have H1 , my fiance can have H4....On H4 he can not work in USA or apply for jobs in USA....plz confirm...
2) So I am thinking of changing H1 to L1 by changing my current job .....Can I ask my new employer to sponsor L1.....or shud I ask my present employer to sponsor L1....what will be good for us?
3) how much time H4 processing takes?
3) If I get L1 from new/existing employer then will H4 of my dependent will get changed to L2?
4) How much time does it take to process L1 and L2...
5) Can a person on L1 change job in USA?
kindly let me know your views as it is very much urgent .......
Thanks,
Amruta
I have H1B from my current company A. My fiance is having no visa so he is in India. He is in IT hardware field.....
Also I am currently searching for jobs in IT hardware field in USA but as he is not in USA so no luck till now.....
1) I am thinking of bringing him in USA after marriage on H4...the reason is it seems to be very difficult to find job in USA from India with H1 sponsorship ...As I have H1 , my fiance can have H4....On H4 he can not work in USA or apply for jobs in USA....plz confirm...
2) So I am thinking of changing H1 to L1 by changing my current job .....Can I ask my new employer to sponsor L1.....or shud I ask my present employer to sponsor L1....what will be good for us?
3) how much time H4 processing takes?
3) If I get L1 from new/existing employer then will H4 of my dependent will get changed to L2?
4) How much time does it take to process L1 and L2...
5) Can a person on L1 change job in USA?
kindly let me know your views as it is very much urgent .......
Thanks,
Amruta
more...
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Jaime
09-10 11:38 AM
EVERY IV member should be planning to attend the rally!!! This is a historic opportunity. There is already buzz in the news and our past actions have made people take notice! Congress will be able to do something this Fall, but not after that due to the presidential campaigns. THEY WILL ONLY ACT IF WE SPEAK UP! That is the American way! If you really want to remain in America then you need to act like an American! We will act American by attending the rally and SPEAK UP! We have the most important thing on our side: TRUTH! And remember the millennia-proven phrase: TRUTH SHALL SET YOU FREE
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kartikiran
07-12 04:26 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
sunnymit, congrats and definitely for a fellow EB3 member, it is a cause for celebration who has been waiting since Dec 2001. especially when the dates keep coming all the way till Nov 2001, but never crossed beyond that.
I am truly happy for you.
more...
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wizkid732
07-29 03:42 PM
Never been in a dire situation??
August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby
poor sod! ???? No Comment :-)
@wizkid...Nice job!! Go on and pile it on the poor sod!
You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!
@uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.
I wish you all the best and Take care!
August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby
poor sod! ???? No Comment :-)
@wizkid...Nice job!! Go on and pile it on the poor sod!
You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!
@uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.
I wish you all the best and Take care!
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webm
12-15 11:48 AM
Well said Chandu..it's true..
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alex99
04-03 12:56 PM
please participate
neelu
12-13 12:17 AM
I'm with you - less talk and more action.
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
actaccord
02-17 08:36 AM
one of the reason I would like Core Team to consider sending email about the Advocacy Day.... that email will get more inactive member like Chandu who got greened and has no good reason (nothing wrong abt it...most of us do the same) to continue visiting IV. Please consider sending one email on Feb and March.
If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.
Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).
On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.
I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.
After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).
I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.
If someone gets out because of this email I am sure he/she is not going to work on any IV activities even if IV never sent any email. Those members join IV just for some free advice and nothing else.
Pappu & StarRun consider this request and let us know where we stand on this. I had collected some content from this forum for flyers ( decided not to pursue further after discussion and advice from StarRun).
On side note, I agree with Chandu regarding convincing our spouse on these kind of expense and participation is really tough a job. We have bought up by teaching/preaching any activities other than studying (for grownups working) is not worth it.
I agree with you. I thought about it and decided to come to DC. I was greened last year and definitely IV was a very big factor in my GC journey. I have not been logging onto IV for a while as I have been very busy with my personal life, and job tensions, kid etc.. and all sorts of other things.
After GC, your life usually changes only if you want it to change. I am still in the process of understanding how best to change. As of now, nothing changed - not even my job :).
I am surprised that people still do not want to help themselves. I see everyone looking at the visa bulletin and getting frustrated, but why do people n ot take the extra step?, I really don't understand. I urge members to come forward and help yourselves. - Please.
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