dingudi
01-06 03:03 PM
Guys,
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
Just wanted to give you an update on my FP notice. Finally I got FP notice today schedule for 01/29/08. I guess Infopass appointment works. I had infopass appointment on 21st of Dec 2007 and IO told me I should expect FP within 3 weeks . I guess USCIS has started working after a long break. Hang on guys.
Parag,
COngrats!. Looks like yours is in TSC. Good to see someone from TSC getting it. It could very well have been a result of you taking the infopass appointment.
Could you tell us briefly what did you tell or ask IO during InfoPass appt. Did you also tell them that you had opened an SR and did you show them the SR response letter also.
Eager to hear a little detail about the conversation you had with IO during Infopass appointment.
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PBECVictim
08-01 05:24 PM
On July 25th lawyer sent my documents 140 & 485 concurrent, PD port from previous I-140 approval (approved at Nebraska).
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
Reached Nebraska Service Centre on July 26th.
Will it be processed at Nebraska Service centre or Texas Service centre? According to new direct filing instructions my employer and my residence comes under Texas Service centre.
bindas74
06-17 10:52 AM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
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quiquincho
03-06 06:02 PM
Country Cap for employment based GCs is discrimination by National Origin. It must be removed. This kind of practice would be illegal if practiced by any corporate entity. So it might be illegal even for USCIS to have a country cap for employment based visas. We might want to think about having some lawyers check into this and maybe sue USCIS so that they remove this discriminatory rule. This one small change in rule could make a huge difference to Indian community, more than any other legislative changes. Skilled workers from different countries come to USA because they all want to work in USA, not because they come from a certain country. USA should have only one queue for this reason. Having separate queues for each country is downright racist and discrimination by national origin.
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
Funny how some people call this country cap 'discrimination.' If this is discrimination, then everybody is being discriminated, as the country cap applies to all countries, not just India and China. Since everybody is 'discriminated,' then it is not discrimination anymore.:)
more...
dealsnet
03-26 10:58 AM
Nma check is history now. After filed I-485, and 180 days passed, name check is not a factor for GC. If your NC is pending, still they issue you a GC.
Are you not reading news papers???????????
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
Are you not reading news papers???????????
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
ashatara78
05-01 03:21 PM
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
more...
lasvegas
02-05 04:57 PM
Don't know. But researching on this aspect could be an eye opener to LOT of people who applied for I-485 during July 2nd and also have applied for Canada gc in the past.
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gc_peshwa
02-16 08:54 PM
Donated $100 for this event apart from my recurring monthly donations. Plan to spread the word about the advocacy with my colleagues tomorrow.
Go IV!
Go IV!
more...
designflaw
09-14 01:24 AM
What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?
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Winner
06-26 06:29 AM
Walking_Dude,
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
Good to hear from you again. You are the ultimate fighter. I remember your fight in the drivers licence issue in your state. Excellent Job!
more...
gc28262
07-19 07:56 PM
My thoughts:
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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sanjeev
06-18 10:49 AM
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
Lawyer had given me a tracking number.
Lawyer had given me a tracking number.
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redcard
08-20 01:43 PM
Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
I feel much better. These are trying times for sure.
Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.
For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.
I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.
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looneytunezez
11-17 05:36 PM
Sent email to senators and congressman for both me and my wife.
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beautifulMind
10-08 04:38 PM
This should be #1 priority of IV.
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?
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manderson
11-21 12:59 PM
Mehul, my thoughts and prayers are with you. I don't know the answer to your question but I really hope you will be able to resolve this soon.
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reddymjm
05-02 02:57 PM
HAHA, true, and reddymjm should be made acting deputy director for this effort like Mr. Aytes.
I'm glad that he re-edited his language in his previous post!
You and I would not be here. You would have got ur GC long back ha ha haa haa
I'm glad that he re-edited his language in his previous post!
You and I would not be here. You would have got ur GC long back ha ha haa haa
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nefrateedi
09-18 10:34 AM
Hello Everyone,
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
My checks were cashed yesterday. My application reached NSC on July 14. My I-140 was also approved from NSC.
I got the receipt numbers from the back of the checks, however when I entered them on the USCIS website, it said that the numbers were invalid. Any idea if I need to wait another day or so before the system will accept them?
Good luck to everyone still waiting...
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ub27
07-27 02:28 PM
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
Service center: TSC
Last LUD on May 29
No updates since.
Currently working on EAD and exires in Sept 2008
----------------
Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(
Recieved an email just now. Status was updated to card production ordered.
Paper filed at TSC on May 22, 2008
Service center: TSC
Last LUD on July 25 (Previous update was on May 25)
Current status: Card production ordered.
Waiting till I get the card .........
sankap
07-10 12:57 PM
@desi3933:
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.
AC-21 is not just for changing GC employer.
Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
desi3933
07-10 02:49 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
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