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  • sc09876
    08-10 02:42 PM
    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.

    However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.

    Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)

    This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.





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  • senthil1
    02-19 09:00 AM
    My assesment is not based on any single case. If this comes as law then people who are here for more than 5 years will get gc immeditely. Because of that backlog will be reduced and waiting time also will be reduced for others those who are here less than 5 years and they will also get GC. Anyhow this bill will not be taken unless CIR is introduced

    Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.

    Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.





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  • yadavnay
    07-23 09:16 AM
    Yes you can work on h1B , but you need to file for a change of status , which normally take 2-3 months in normal processing and 15 days if you file premium. Ask your H1b employer to file for the change of staus under premium.
    Please note that once your status is changed you can no longer continue on L1A. Mine was the same case and I followed the same steps some year back.

    Thanx





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  • WAIT_FOR_EVER_GC
    06-10 06:39 PM
    Me and 10 of my friends at work have sent the email.
    My wife and the wife's of friends have sent too.



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  • sanju
    11-12 08:38 PM
    The above post is senseless !! who cares who votes for whom and who does what ?? what democrats do and what republicans do is not in our hands - nor do we decide who comes in power. our aim should be to try and come up with a plan and act on it. whether it succeeds or not is not in our hands ...doing something is better than nothing. so if u have a better plan come up with it and we will support and act on it.

    "Who cares who votes for whom and who does what?"

    My Dear Friend AlbertPinto,

    Things don't move in vacuum. How people vote has everything to do with how lawmakers vote and how lawmakers vote has everything to do with what bills pass. You just want the bill so that you can get green card, end of story. And anything other than that is "who cares".

    Look, without making and attempt to understand how things work in DC/Congress, sending flowers and cards to Obama, don't expect things to change. Tunnel vision is very dangerous, just like half knowledge.

    Although we do not control who comes into power, if we wish to have our issues addressed, we have the responsibility to understand why/how someone or some party won the elections. Please stop behaving like and IT project manager where someone will come up with a silver bullet solution/plan and then implementation of that one silver bullet will fix everything. Getting bills passed in congress is not an IT project. I think the plan has been laid by the core team. I understand that core team has repeatedly told us to get more actively involved, raise money to help with advocacy and create awareness of the issue. Posting few messages on the web forum is not the measure of how involved someone is. But it appears most people on this forum do not want to do what the core seems to be telling us. We just want to come up with an way way out, a silver bullet solution, well defined project plan, and at the end of time and money, we must see the desired result. Maybe that's why some of the folks keep asking for the "plan". And discussion about who won the election and how people/lawmakers vote is seen as out of place and unnecessary.



    .





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  • vin13
    11-10 11:07 PM
    Guys..

    I have been watching and participating in this drama for a long time....

    We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.

    This will benefit all EB 2 / EB 3

    We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...

    If your are with me please respond to this thread

    We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand

    Seriously guys,
    We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover

    There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?

    Here is the draft. See if some of you can use it to fight the cause.
    ----------------------------------------------------------------------------------------------
    Dear Mr. Charles Oppenheim,
    First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
    We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
    The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
    Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
    Quarterly Spill-over will benefit administration by:
    1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
    2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
    3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
    4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
    5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
    Quarterly Spill-over will benefit Applicants by:
    1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
    2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
    3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
    As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,



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  • scorpion00
    06-08 06:02 PM
    so no spill over from EB2 ROW which is current ,to India and China EB2.
    I guess many folks were having high hopes for this in the last quarter.





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  • gautamagg
    04-23 03:44 PM
    Are you one of the guys who considered going to France as you cannot go to school Full time?

    yes



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  • vdlrao
    09-26 02:43 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a protest of
    the long delays in securing green cards for highly-skilled workers already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,

    FSB





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  • f_b_2007
    07-18 08:32 AM
    Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
    If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.

    Mine reached USCIS Jul 2, 2007 10:25 AM.. no check cashed, no RD..

    I will call USCIS next monday if I dont hear anything before then..



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  • luvschocolates
    08-21 02:17 PM
    If I was not required to fill out the form I-485, then why did USCIS send me a letter requesting me to do so? I'm sick of the smart a$$ remarks from some of you. This isn't funny and there are human beings involved. If you can't be helpful then please don't bother responding. Keep your remarks to yourself. I came here looking for some help, not a bunch of criticism and hurtful comments. It's not that simple just to go back to Canada like you think and I can't just leave the person I care for because you think I'm considered indispensible. Perhaps you'd like to talk to the people in this household and see just how willing they are to let me go. This is not just about packing up and leaving, I have roots here now and I cannot just abandon these folks. There is NO ONE to take care of them, not family, not friends and they do not want a stranger - period. We already tried that and it didn't work. How many people do you know that would willingly take care of a 500 lb. bedridden person, change catheters, bathe them and cook, clean and take care of other household chores simply for room and board? We offered the job to legal American citizens and when they heard the man was 500 lbs, they backed off before hearing the rest. I AM WILLING, he is used to me, I am used to him and there is no one else, including his own children, who will do what I do, so before you tell me I'm indispensible, try doing this job. We can't even get professional medical personnel in here to help, so exactly how am I indispensible under the circumstances? Should I just abandon him and let him rot and die in his own bed? Is that considered humane in your eyes? If he's obese does he not deserve the same quality of care as an ideal body weight person? Does his obesity make him undeserving of humane treatment? As I said, this is not just about legalities, this is about a human being needing someone to care for him and it's not that simple to get another person in here. I deal with him 24/7, I don't get a day off - would you do that? I doubt it!

    If you had to go back to your country under similar circumstances I don't think you would be any more pleased than I am. USCIS has not asked me to leave, they are requesting more information. I have no problem with that part, just the time frame given and the money involved. I am more than willing to submit what they requested, but I need more time, especially for the medical exam after reading what is required.
    As for the person that filed on my behalf, HE is the one who spoke to USCIS, so they didn't do their job if they did not tell him what was required. He wrote down every single thing they said we had to file and we did so. If they failed to mention what was needed, how would he find out? He's elderly, disabled and not computer literate so it's hard for him to look things up on his own. He simply did what they told him to do and if he screwed up, it's because he wasn't told what was needed. You can't expect everyone to be knowledgeable on stuff like this, it was all new to him and very unfamiliar.
    If I had known more was required, I would have taken care of it myself, but since he was the person to file the application - which by the way was an employment based according to what we were told, then he did only what he was told and had no clue there was more beyond that.
    I am trying to find an attorney and I will get this sorted out one way or the other, but leaving this household is not an option and if the American people care so much about each other, then I'd like to see one of them show up here and do what I do. I'm not naive enough to believe that will happen.





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  • ramus
    07-02 08:16 PM
    Thanks.. Please ask others to contribute..


    Contributed $100 in the evening



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  • gopalkrishan
    08-10 09:24 PM
    If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.

    BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way

    For the record, illegals do end up with green cards. One should have faith, like they do

    I am an EB2 filer, but I totally support EB3 cause few of my close ones are in that boat .. Anyways, this post is for GK_2000 .. If you have it in you to start an idea, light a spark etc etc .. then please learn to follow it through ..

    Agreed that you don't agree with redgreen, might even be angry st such a reply, but humility is the right approach here .. Your response could have been better .."in that case could you suggest a better idea etc.." .. The response you have given does not help your attempts as people may perceive it to be an attitude problem or just "thread by an EB3 ranter".. Every great person including Mahatma Gandhi was ridiculed/scoffed when trying to start something new, but they knew hostility does not beget hostility .. Learn to hear others as you may might some new thread of information or avenues of thoughts, even in their vehemence..

    Just my 2 cents and in case you find this offensive too, then I apologize in advance ..

    Regards,
    Gopal Krishan





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  • pmb76
    03-16 02:56 AM
    You are now "a more frustrated fool". Your desparation shows what you really are.

    desi485, These desi employers can make a Eb-2 out of any damn fool. It is these dishonest employers and plus the individuals who want to take a shortcut even though they do not qualify for Eb-2.
    I have been in this country for 10 years now. Have a Masters degree from a top school and am still stuck in this process. I hate it when some stupid commerce graduate or diploma holder from India cuts the line and qualifies for Eb-2. Not to mention the evil people who do labor substitution. Did your friend have a Masters degree to qualify for EB-2 ? He probably managed it through some desi firm.
    So I am right in criticizing interfilers coz they DO NOT deserve EB-2. Interfilers go to HELL !!



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  • ansh78
    09-26 11:34 AM
    Ok I sent message to the editor...Simple copy paste the above message from vamsi.......come on everyone should do it.





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  • desi3933
    02-10 12:22 PM
    I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.

    I did not know of getting less than 7% when there is high demand. :confused:

    >> I believed we get at least 7% (cap) + any unused numbers.

    Two things -
    1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
    2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.

    On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.

    In short, 7% is just a maximum cap, not the minimum quota.

    __________________
    Not a legal advice.



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  • battineni
    08-12 09:47 AM
    How come a person with EB2 category applied GC in 2006 doing the same thing that a EB3 person does who applied GC in 2002 gets their Green Cards approved?? Again not against any category...What in the world of kinda rationale is this is??

    not even 2002, it's just 01Jan2002, means only 2001.

    EB2 person who applied for greencard in 2006 getting the GC wth the person who applied in EB2 - 2006.

    This gap between EB2 and EB3 is keep on increasing....

    EB2 move is in Months....EB3 move not even in Days...

    I'm not against EB2... but just comparing.:(





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  • luckylavs
    07-09 02:27 PM
    any idea how long it will take for an outcome?





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  • psaxena
    06-08 07:10 PM
    10 yrs???? what are you talking about, the pace at which we are going right now.. minimum 200 yrs+- 6 months:confused:


    My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:





    dotnetguru
    04-08 11:11 PM
    Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.

    You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?


    different lanes means like up to 5 to 20 lanes for only citizens and gc holders.there will be some space with the division with that belt u see in airports and then up to 5 to 20 lanes for visa holders.number of lanes differ based on the size of the airport.this is what i have seen in newark,ATL,PHI,CLT,MIA.now ur friends might be in corner lane and then there is space and then that visa holder who got sent back is also in corner lane to be able to hear if at all it is possible to hear.so now tell me which airports do not have separation like that. any one can pitch in.i could hardly hear the next person questions how come ur friend had heard in the above scenario.beats me...





    bigboy007
    07-18 11:59 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
    he said no when i asked the same reg. Rejections.



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