abstractvision
03-19 01:15 PM
Question on AOS processing based on PD/RD - Currently, EB2 INDIA is Dec 03. Assuming May 08 VB goes to Jan 03 (EB2 INDIA) , will the EB2 INDIA AOS applications with Feb - Dec 03 PDs still get processed??
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.
In short, in my opinion..the answer is NO
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
sonia_sd
03-09 01:47 PM
A country that was built on immigrants paying with lifes of future immigrants - i dont know when this drama ends !!!
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DesiGuy
09-13 10:59 AM
YES...good idea, we need it (gave u a green).
but (there's always one;)) at the moment, since time is short,
lets be FOCUSsed on calling the REPs.
Energy flows where Focus goes
but (there's always one;)) at the moment, since time is short,
lets be FOCUSsed on calling the REPs.
Energy flows where Focus goes
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sheela
10-20 02:00 PM
Someone put red dot on this post saying" "some red for you, so you can get used to it :-)".
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
Someone gave me RED with comments " RED for you for giving GREEN" to someone in this thread.Man you are a gone case.... get a life and come-out-of-hiding
This kind of idiots are cowards and b*****ds. They don't have guts to come forward and post their opinions. I rather appreciate persons like BEC .... who came upfront saying they are not comfortable with idea and we could discuss more.
Someone gave me RED with comments " RED for you for giving GREEN" to someone in this thread.Man you are a gone case.... get a life and come-out-of-hiding
amitjoey
07-05 01:44 PM
Order Details - Jul 5, 2007 11:09 AM PDT
Google Order #448537035986231 Print
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Total: $100.00
Thanks waiting4gc.
Google Order #448537035986231 Print
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Total: $100.00
Thanks waiting4gc.
more...
gc03
07-24 03:36 PM
Mr. Gonz�lez,
I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.
My Question:
Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.
Regards,
I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.
My Question:
Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.
Regards,
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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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phillyag
07-13 12:19 PM
sorry if this has been asked...
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
if you are current, when can you expect to get an approval notice ?
My online I485 status continues to be in "Initial Review" stage and the last date of change on my file was back in 2008.
Is there anything we can do to shake this up or just wait.
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Suva
06-11 11:29 AM
Sent to NJ lawmakers.
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swo
08-16 01:38 AM
I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?
You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.
A 6 months wait is not unreasonable. I'd be happy with that if I was you!
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thirdworldman
03-09 10:55 PM
Nice renders Eilsoe and Grinch--both very dramatic. Here's mine--it feels unfinished but this is all I had time for.
http://www.inmod.com/casey/3dsubway_final.jpg
http://www.inmod.com/casey/3dsubway_final.jpg
more...
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willwin
03-20 12:14 PM
NO, no way.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.
Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.
If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.
Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.
There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.
If USCIS does not use over 100K VISA numbers by May 31st or june 15th, then DOS will 100% move the dates forward for both India and China (and for EB3 and EB2). That's the only way DOS can use close to 140K before FY ends.
Dates may or may not become current as DOS learnt a lesson or two last year. But, dates will move forward. I won't be surprised if EB3 goes to Dec 2005 (atleast) and EB2 goes to Dec 2006 (atleast) by july 2008 VISA bulletin.
If it does not happen, do not shoot me down. It means, USCIS has used most of the numbers from this FY and then people will get their GC based on their PD and per country quota and other norms.
Going by past history, USCIS will not use the numbers and dates will move. Less than 100 days, wait and see.
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kanakabyraju
07-13 07:23 AM
YES. You will be all set.
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
My PD is Oct. 07 (EB 2)
Gurus.. pls advise.
Could i expect my dates to be current by mid of 2011?
Thanks,
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msyedy
06-12 04:58 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
If people think that after CIR fails, we will have a better chance of getting favorable provisions with some other Bill or on coat tails of appropriation bills, it could be a risky gamble.
However, looking at the mood of Senate there is a very good chance that post-CIR we might be thrown a curve ball with some hard line H1B restrictions and fee increases extracted from almost passed CIR. So opposing CIR due to H1 alone is not the best strategy.
CIR is on the table because there are lot of interests driving its existence. If Compete America and us(IV) cannot drive in a small amendment into a popular bill like this, it would be a big blow. Is there enough bite in the coalition to create our own bill or fight an anti-H1 wave out there? That's up for judgement.
My point is, please do not assume H1B status quo will stay that way even if CIR fails. Like someone pointed out in these forums, big Corporations might enlist these anti-consulting restrictions/fee increases and use as compromise to increase H1 numbers(even post CIR).
And we thought life was tough now, imagine paying 10K for every H1 extension and not being able to consult and status quo on current GC system still place. Thats a hair raising thought for me.
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mpadapa
09-26 09:25 AM
This is CNN at its best.. Twist the facts to drum up their own agenda
IV needs to contact the editor and educate him on immigration issues..
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
IV needs to contact the editor and educate him on immigration issues..
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
more...
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h1techSlave
06-12 09:55 PM
Any meaningful change in the current immigration policies are very unlikely.
This is what I have read in "The Week".
"Republican donon revolt: The Republican National Committee has suffered a 40 percent falloff in small-donor contributions, largely because of anger over President Bush's immigration reform push, The Washington Times reported last week. The donor backlash prompted the committee to fire all 65 of its telephone solicitors, RNC sources said. The GOP base is up in arms over Bush's plan to create a method for nearly 12 million illegal immigrants to gain legal status - a process critics consider amnesty. An RNS spokesperson said the firings were due to problems with the phone bank equipment and not from any drop-off in donations."
Cheers,
h1techSlave
This is what I have read in "The Week".
"Republican donon revolt: The Republican National Committee has suffered a 40 percent falloff in small-donor contributions, largely because of anger over President Bush's immigration reform push, The Washington Times reported last week. The donor backlash prompted the committee to fire all 65 of its telephone solicitors, RNC sources said. The GOP base is up in arms over Bush's plan to create a method for nearly 12 million illegal immigrants to gain legal status - a process critics consider amnesty. An RNS spokesperson said the firings were due to problems with the phone bank equipment and not from any drop-off in donations."
Cheers,
h1techSlave
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myvoice23
08-07 12:03 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
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GreenCard4US
07-12 11:50 PM
Well said GCBY3000. Since something is going to happen, she wants to project herself as though she put in some effort. A few months back when I made a phone appointment with her, she was not at all helpfull. All she kept saying was, we can do it for you for so many $$$. It was all about money, money and money. I honestly doubt her intentions.
njboy
04-04 03:41 PM
if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down
sheela
07-13 08:53 AM
Let us see the approvals trend till october. I am guessing the PD will move back to MID 2005 or 2004 by October for EB-2 India.
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
I don't agree. It will stay same or forward in small increments with new fiscal yr numbers available. I am saying so because EB2 I stayed for such long at 04/07 and everyone knows fewer LCs were filed/approved between 04 and 05.
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