Deepika
05-29 01:36 PM
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
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olivetheoil
02-13 10:13 PM
Count me in!
PR1978
07-29 11:29 PM
Hi,
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
1) My I-485(EB2-India) application file has two I-140 receipts (both of these are EB2) one of these I-140 is approved and the other was denied and a Motion to Reopen has been filed for this. How will the two EB2 I-140s affect my I-485 application?
2) I got a RFE for my I-1485 on June 17th 2008, asking for a I-140 approval notice. As we do not have a physical approval (never received the approval, may be lost in mail) notice my current attorney responded to the I-485 RFE and included the first I-140 receipt notice and also a copy of the approval email received from USCIS. The attorney also included the details of the second I-140 i.e the Motion to Reopen (I-290B) notice. Is the approach a good one?
3) My attorney also requested to consider the approved I-140 for adjucating the I-485 for me and my wife since the approved I-140 was filed and approved before filing the I-1485 and also we were married before the I-485 was filed. Will USCIS consider this request?
4) Also, will USCIS have a copy of my I-140 approval notice and will they use that and consider my I-485 case?
5) Will a Infopass appointment help in anyways?
My PERM labor was approved in May 2006 and my priority date is current for August 2008. The I-485 RFE response was received by USCIS on July 16th 2008 and my I-485 processing has resumed. I was wondering if USCIS will consider my approved I-140 for processing my I-485. Also, any other suggestions you could give me would be appreciated.
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oguinan
02-13 11:29 AM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
to file a 485 a person has to be in non immigrant status.
The dual intent doctrine applies if a person is on a non dual intent visa and they file a 140 or a 485 and they then try to extend their non immigrant visa. At this point it will get denied. However, as long as they dont' have to renew it (because they have a 485 filed), then they are good to go for the greencard.
it is only an issue in trying to renew a non dual intent visa once you have showed immigrant intent. This would be a person who can't file the 485 but instead has a 140 or 130 filed for them. At this point dos/uscis would not allow them to extend the status or allow them back into the country.
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snathan
05-01 11:29 PM
friends lets not fight and over estimate ourselves ..we cannot do anything to solve or highlight our own issues ..then how can we do anything about something happening far away !!!
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
We are not fighting here for the LTTE or SL. We are not happy to see how our incumbant Indian govt is. This is the same fate we/our generation going to face in the future whatever may be the reason.
Somewhere in the world when one jew is getting killed how the ISREAL govt is reacting. They never mind to go after those guys. But we are unfortunate not to have such govt.
Well..I wont post anything in this thread anymore.
that being said ..both sides are to be blamed ..SL and Tamil leaders in SL.
SL because they treated tamils as second class citizens even though they were born in SL ..and tamil leaders because they did not accept peace offers / try to give up violence ..
and don't compare this to kashmir ..Kashmiris (except the pandits) are not second class ..they have super / very high class status .
as for congress party (India) ..it is the biggest villian ..why did it send army to SL ..Rajiv Gandhi should have sent his relatives first
We are not fighting here for the LTTE or SL. We are not happy to see how our incumbant Indian govt is. This is the same fate we/our generation going to face in the future whatever may be the reason.
Somewhere in the world when one jew is getting killed how the ISREAL govt is reacting. They never mind to go after those guys. But we are unfortunate not to have such govt.
Well..I wont post anything in this thread anymore.
sandy_77
08-13 04:26 AM
I have two main questions. First question is about 221g. I am stuck in India for administrative processing (no reasons given) for the last 6 months. I would like to know if there are any legal ways of getting the process expedited. Second question is about filing I-485 while on 221g. I have an approved I-140 and if my priority date becomes current while i am still stuck under 221g, what are my options for filing I-485? Can I file or not being outside US. Will AOS be possible or do I need to go for CP? Any other options?
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samay
07-21 08:23 PM
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
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Subst_labor
03-16 12:45 PM
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
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breddy2000
07-29 01:52 PM
There are 26 E2 for bombay. Delhi data was for July. Assumption will be around 100 for CP for whole of India.
Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?
Are we not supposed to count dependents with the applications? Or does it mean each individual is treated seperately irrespective of being depenedent in CP?
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delax
07-26 06:36 PM
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
Thats true - students were not exempt until a couple of years ago - but the point I am trying to make is that they add to the EB - India count thereby retrogressing it further.
Looking at only BIG IT sponsored H1b's may result in a much reduced EB number
Thats true - students were not exempt until a couple of years ago - but the point I am trying to make is that they add to the EB - India count thereby retrogressing it further.
Looking at only BIG IT sponsored H1b's may result in a much reduced EB number
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red200
01-15 06:51 PM
This new rule of USCIS, effects every one. In one way or the other. if the rule is enforced strictly
1)The unemployment increases (Paralegal staff, lot of americans working for consulting companies(IBM, TEK systems, accenture etc.., Immigration Lawyers, uscis personel, staff.. You name it)
2)It effects Greencard holders or EAD holders not directly but in one or two years because outsourcing increases.
3)F1 students mainly (man how are these guys going to survive if consulting companies cant apply for them)
1)The unemployment increases (Paralegal staff, lot of americans working for consulting companies(IBM, TEK systems, accenture etc.., Immigration Lawyers, uscis personel, staff.. You name it)
2)It effects Greencard holders or EAD holders not directly but in one or two years because outsourcing increases.
3)F1 students mainly (man how are these guys going to survive if consulting companies cant apply for them)
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chanduv23
02-13 12:16 PM
its been a while i read the forums..
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
well... well !! chandubhai finally cooled down and talking wisdom :-)
well "the intent is the same" :) just following some wonderful advices from some good samaritans :)
But I will always stand on what I would like to see - What I want to see is UNITY among the community and I will be more happy if more and more people stand up and support the efforts.
more...
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acecupid
08-16 11:29 AM
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
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nogc_noproblem
07-17 01:02 PM
Friend, as advised (?) by you, I read your other posts in this thread, I could not find the source but I found what you are saying to others.
“This whole thread is speculation
Try to think logically
You should read the INA law clearly.
But if this speculation makes you happy, enjoy!”
You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
“This whole thread is speculation
Try to think logically
You should read the INA law clearly.
But if this speculation makes you happy, enjoy!”
You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.
Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.
more...
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bayarea07
09-24 07:27 PM
Interesting Analysis from Greg Siskind
http://blogs.ilw.com/gregsiskind/
COULD ELECTION YEAR POLITICS HELP RECAPTURE BILL'S CHANCES?
Yesterday, I wrote about a great bill that was introduced by Senator Menendez that would recapture hundreds of thousands of unused green card numbers, ease the strict per country limits that cause long lines for nationals of some countries and also make it easier to get a waiver when someone is subject to an unlawful presence bar.It also changes the definition of an "immediate relative" to include spouses and children of permanent residents, a provision which would be wildly popular in the Hispanic community since it would cut out the multiyear waits typical in the Family 2A category.
And, oh yeah, there's another bill that people are talking about. The E-Verify program (DHS' much discussed electronic employment verification system) expires in November.
E-Verify is the heart of the entire enforcement agenda for the antis and with Congress set to adjourn in the next week or so and with the distinct possibility that this will put off all legislation until next February or so when the new Congress comes in, getting E-Verify extended in the next few days is a huge deal. A five year extension has passed the House already. The Senate has done nothing yet.
So it was with great interest that I read in yesterday's CQ Today print edition that Senator Menendez is blocking the E-Verify reauthorization bill in order to force consideration of the recapture bill. The article describes Republicans as being infuriated and saying that the recapture bill is a nonstarter and demanding Senate Majority Leader Harry Reid bring up a clean E-Verify extension bill.
On the House side, interestingly, the recapture bill was set for a markup in the Judiciary Committee yesterday and Congressman Conyers abruptly adjourned the hearing after a bill barring horse slaughtering was finished yesterday. According to my sources, several members of the Committee were shocked that the markup on the recapture bill didn't happen even though Conyers is a strong backer of the measure. Strange.
So that has me speculating. Is something cooking with the Democratic leadership and the Obama campaign? I think the Democrats smell blood. They know John McCain is in trouble with Hispanic voters based on recent polling data. He's polling anywhere from 10 to 20 points worse than Bush did in 2004 and the Hispanic vote partially explains why Obama finds himself ahead in places like New Mexico and Colorado, states Bush won in 2004. Erosion of support in the Hispanic community could also cost McCain Florida, a state McCain cannot lose if he has any chance of winning the election.
As I reported earlier this week, the McCain campaign and congressional leaders have been clamping down on the anti-immigrant wing of the party. You didn't really think these folks suddenly decided they no longer care about this issue, did you?
What I don't think is a coincidence is the sudden reemergence of immigration in the presidential debate. Suddenly, Obama is blasting McCain on immigration and looking for more and more forums to make his claim that he's pro-immigration and his party's solidly behind him. And he's quick to remind Latinos that John McCain turned his back on them and denounced his own comprehensive immigration reform bill, something that Latino voters are now saying is one their top priorities.
McCain is asking Latino voters for a do-over and claiming that he was only pandering to his base. He was always pro-immigration. It's just politics, you understand.
As you might expect, this message is not selling particularly well. And Democrats know it. They also know that with the economy in free fall, most Americans are not thinking that much about immigration anymore and the issue has dropped back to its historically low rank on issues of concern to the typical voter. So Democrats can be more visibly pro-immigration without having to fear negative consequences.
You probably see where this is going. Provoking a confrontation over immigration with Republicans in the month of October can only have good results. Democrats might actually pass a bill they really want. And they score politically as well.
There's no time to bring up a massive comprehensive immigration reform bill between now and the election. Something smaller and simpler, but what? Oh wait, there's that recapture bill! And there's that must pass E-Verify bill. Now there's a great way to put immigration back on the front pages. Link the two and force Republicans to vote no on a pro-immigration bill likely to have a hugely positive impact in the Hispanic community if they want the E-Verify program to survive. If the Democrats can keep the two bills linked, Republicans who can't stomach more immigration will have to vote no on E-Verify, something they'll have trouble explaining to their constituents. And Republicans who think E-Verify is too important to die, will help deliver a win on the recapture bill.
And in the mean time, McCain will have to openly confront the angry antis in his party. Some of the hardliners in his party will call the provisions easing the unlawful presence waivers to be a "back door amnesty." If McCain goes against them, he'll be seen as a liar by the people in his party who he promised that he would not support an "amnesty" without enforcement first. And if he votes with the antis, it will be all the Hispanic community needs to hear to confirm they're right to support Obama.
October could be interesting.
http://blogs.ilw.com/gregsiskind/
COULD ELECTION YEAR POLITICS HELP RECAPTURE BILL'S CHANCES?
Yesterday, I wrote about a great bill that was introduced by Senator Menendez that would recapture hundreds of thousands of unused green card numbers, ease the strict per country limits that cause long lines for nationals of some countries and also make it easier to get a waiver when someone is subject to an unlawful presence bar.It also changes the definition of an "immediate relative" to include spouses and children of permanent residents, a provision which would be wildly popular in the Hispanic community since it would cut out the multiyear waits typical in the Family 2A category.
And, oh yeah, there's another bill that people are talking about. The E-Verify program (DHS' much discussed electronic employment verification system) expires in November.
E-Verify is the heart of the entire enforcement agenda for the antis and with Congress set to adjourn in the next week or so and with the distinct possibility that this will put off all legislation until next February or so when the new Congress comes in, getting E-Verify extended in the next few days is a huge deal. A five year extension has passed the House already. The Senate has done nothing yet.
So it was with great interest that I read in yesterday's CQ Today print edition that Senator Menendez is blocking the E-Verify reauthorization bill in order to force consideration of the recapture bill. The article describes Republicans as being infuriated and saying that the recapture bill is a nonstarter and demanding Senate Majority Leader Harry Reid bring up a clean E-Verify extension bill.
On the House side, interestingly, the recapture bill was set for a markup in the Judiciary Committee yesterday and Congressman Conyers abruptly adjourned the hearing after a bill barring horse slaughtering was finished yesterday. According to my sources, several members of the Committee were shocked that the markup on the recapture bill didn't happen even though Conyers is a strong backer of the measure. Strange.
So that has me speculating. Is something cooking with the Democratic leadership and the Obama campaign? I think the Democrats smell blood. They know John McCain is in trouble with Hispanic voters based on recent polling data. He's polling anywhere from 10 to 20 points worse than Bush did in 2004 and the Hispanic vote partially explains why Obama finds himself ahead in places like New Mexico and Colorado, states Bush won in 2004. Erosion of support in the Hispanic community could also cost McCain Florida, a state McCain cannot lose if he has any chance of winning the election.
As I reported earlier this week, the McCain campaign and congressional leaders have been clamping down on the anti-immigrant wing of the party. You didn't really think these folks suddenly decided they no longer care about this issue, did you?
What I don't think is a coincidence is the sudden reemergence of immigration in the presidential debate. Suddenly, Obama is blasting McCain on immigration and looking for more and more forums to make his claim that he's pro-immigration and his party's solidly behind him. And he's quick to remind Latinos that John McCain turned his back on them and denounced his own comprehensive immigration reform bill, something that Latino voters are now saying is one their top priorities.
McCain is asking Latino voters for a do-over and claiming that he was only pandering to his base. He was always pro-immigration. It's just politics, you understand.
As you might expect, this message is not selling particularly well. And Democrats know it. They also know that with the economy in free fall, most Americans are not thinking that much about immigration anymore and the issue has dropped back to its historically low rank on issues of concern to the typical voter. So Democrats can be more visibly pro-immigration without having to fear negative consequences.
You probably see where this is going. Provoking a confrontation over immigration with Republicans in the month of October can only have good results. Democrats might actually pass a bill they really want. And they score politically as well.
There's no time to bring up a massive comprehensive immigration reform bill between now and the election. Something smaller and simpler, but what? Oh wait, there's that recapture bill! And there's that must pass E-Verify bill. Now there's a great way to put immigration back on the front pages. Link the two and force Republicans to vote no on a pro-immigration bill likely to have a hugely positive impact in the Hispanic community if they want the E-Verify program to survive. If the Democrats can keep the two bills linked, Republicans who can't stomach more immigration will have to vote no on E-Verify, something they'll have trouble explaining to their constituents. And Republicans who think E-Verify is too important to die, will help deliver a win on the recapture bill.
And in the mean time, McCain will have to openly confront the angry antis in his party. Some of the hardliners in his party will call the provisions easing the unlawful presence waivers to be a "back door amnesty." If McCain goes against them, he'll be seen as a liar by the people in his party who he promised that he would not support an "amnesty" without enforcement first. And if he votes with the antis, it will be all the Hispanic community needs to hear to confirm they're right to support Obama.
October could be interesting.
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krish2005
01-14 01:35 PM
This is a good point. This leaves a grey area, isn't it? I give you green for this El_Guapo.
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
This is comedy. This El_Guapo wants to give green to his own post. Oh man, what an idea to get greens. :D
more...
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Legal
07-24 07:10 PM
Have some more comments from Atty Ron. Might be interesting to discuss if already not brought up.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
I am curious and have a few questions:
1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??
2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota
3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.
4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.
"Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters."
I am curious and have a few questions:
1. What was Ron Gotcher's prediction (if any) BEFORE the Aug bulletin came out??
2. In his long post above, he elaborates on one single theme- to avoid wastage of visa numbers, and since there are some CP cases which could be adjudicated faster, USCIS moved the dates. ABSOLUTELY NOTHING NEW HERE, everyone knows this. He is entirely silent on (a) the ACTUAL number of EB visas available for this fiscal year, (b) spillover from unused FB quota
3. He is entirely silent on vertical spill over policy changing to horizontal spill over policy. Even without spillover, some minimum numbers will be available in October for EB2-I from the new fiscal year's quota.
4. He is not giving any credible explanation on why the dates will move back to 2002-3 despite declaring there is a massive inventory? What are the numbers he has on this massive inventory? If there is such a massive inventory of pending EB-2 cases, and every one knows this, no one will be speculating like this.
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gc_chahiye
06-28 08:16 PM
As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.
If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.
DOS/USCIS know the truth, but going by the Ombudsman's report, they want to use up visa numbers as fast as they can. So if they have 30K applications sitting, just waiting for visa numbers, now with everything set to C, they can blindly start approving without even seeing what the date on those apps is.
Also, with EB3-ROW being 'C' they dont even need to worry about per-country limits. Just pick up the next almost-approved file, assign visa number, mail out. repeat.
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ujjwal_p
05-11 07:51 PM
I saying it again, in this country even burning of the national flag is considered a form of protest.
Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.
Dude, you are seriously delusional. The day you try that stunt with the stars and stripes you'll be on Limbaugh, OReilly, Hannity, Glenn Beck, you name it. I don't agree with them but will still love to watch that unfold on TV.
deba
07-10 11:29 AM
congrats byeusa. wish you the best. I just sent you a personal message here. If you get a chance please reply. Again, congrats.
mbawa2574
02-16 08:27 AM
No. I can't understand fairshot and equality when major bodyshops from a certain nationality flood the market here with people from that certain nationality, u keep ignoring that and coming back to the stupid suggestion that it's only because u have more talent
suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
good luck
Is this not racism ??
suit urself, anyone who argues with you reasonably, tell them they are wrong and make assumptions about their motives and insult and alienate more members of your organization
good luck
Is this not racism ??