delax
12-17 10:18 AM
Was a little disillusioned with the whole name check process and I called USCIS yesterday. My wife cleared her name check, but mine is pending. It was initiated for both of us on Sept 26. I am not worried at all although it would not be true if I said that I was never worried.
This is an irrational, unscientific and to a great extent arbitrary process - and by that I mean the entire green card process. Added to that is the never ending desire to beat the process - read labor substitution and PD porting. I have neither tried it nor do I intend to do it. Before people start piling on and I get accused of a holier than thou attitude, I am only expressing an opinion (not a value judgement) in an open forum. The last time I checked, a forum was meant to do just that.
Objectively thinking my emotional stability and that of my family is a lot dearer than a piece of plastic, especially when none of the steps in the process are within my control.
Yes I can contribute, lobby, send letters etc and make an attempt to get the process under my control - but I think its an indvidual decision whether someone wants to contribute, lobby, write letters etc - I did attend the DC rally though. Obviously the opportunity to express my opinion here has been provided by IV and I am grateful for that.
All that I care about right now is to make sure my wife graduates from school, is able to work, we can travel as a family and enjoy this country. The rest is like trying to find two grains of wheat in two bushels of chaff.
Just my 2 cents - Good luck with your green card process.
This is an irrational, unscientific and to a great extent arbitrary process - and by that I mean the entire green card process. Added to that is the never ending desire to beat the process - read labor substitution and PD porting. I have neither tried it nor do I intend to do it. Before people start piling on and I get accused of a holier than thou attitude, I am only expressing an opinion (not a value judgement) in an open forum. The last time I checked, a forum was meant to do just that.
Objectively thinking my emotional stability and that of my family is a lot dearer than a piece of plastic, especially when none of the steps in the process are within my control.
Yes I can contribute, lobby, send letters etc and make an attempt to get the process under my control - but I think its an indvidual decision whether someone wants to contribute, lobby, write letters etc - I did attend the DC rally though. Obviously the opportunity to express my opinion here has been provided by IV and I am grateful for that.
All that I care about right now is to make sure my wife graduates from school, is able to work, we can travel as a family and enjoy this country. The rest is like trying to find two grains of wheat in two bushels of chaff.
Just my 2 cents - Good luck with your green card process.
wallpaper Target store would occupy
sss9i
08-30 11:12 AM
Please create link to main page Forum So that everyone can access easily.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
dtekkedil
07-03 07:18 AM
It is good to know that there are a few willing to do something about this!
But we need more people!
Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!
Don't go on with your lives as if nothing happened and don't think that nothing will happen!
Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!
So start to believe people! You can make a difference!
But we need more people!
Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!
Don't go on with your lives as if nothing happened and don't think that nothing will happen!
Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!
So start to believe people! You can make a difference!
2011 my local Target store the
Dreamer07
08-09 10:10 AM
if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.
more...
royus77
06-22 03:40 PM
its not just this employer, many f____ employers have same issue they dont want to file 485 and atleast they are trying to delay the process as much as possible. They are fearing that the employees on L visas will have an oppurtunity to switch company if they get their GCs sooner.
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
Its our fate
L visas are a real problem as Employer can send you back and replace you even after filing 485 .Sweat talk is the only option for them.H1s are some what better atleast they can move to a different employer
gc_check
09-24 08:32 AM
---
Guys wake up and fight to make the porting rules very strong if not stop porting. The rule should be if I140 for porting is denied then the applicant should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fraudulent applicants cannot port from EB3 to EB2.
---
There are many genuine cases, who could have applied in EB2, but due to some erroneous counsel by employer or legal, ended up in EB3 category. Having an option to port PD when applying under alternate category is available, and people eligible taking advantage of this should be allowed to do it and encouraged. Given the market condition, if some one could qualify under EB2 and successfully secure a EB2 labor/I-140, then it must be welcomed and only genuine cases could do so. People with EB3 PD of 2001 or 2002 and waiting for GC might already have worked one or two years prior to starting the process and might be in country working for almost a decade and some even have done their Masters and have the experience. With all this, if they take advantage of this, then they deserve it. I am not able to understand your concern, and also expecting/requesting the porting process to be stopped !! Does not sound right.
Guys wake up and fight to make the porting rules very strong if not stop porting. The rule should be if I140 for porting is denied then the applicant should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fraudulent applicants cannot port from EB3 to EB2.
---
There are many genuine cases, who could have applied in EB2, but due to some erroneous counsel by employer or legal, ended up in EB3 category. Having an option to port PD when applying under alternate category is available, and people eligible taking advantage of this should be allowed to do it and encouraged. Given the market condition, if some one could qualify under EB2 and successfully secure a EB2 labor/I-140, then it must be welcomed and only genuine cases could do so. People with EB3 PD of 2001 or 2002 and waiting for GC might already have worked one or two years prior to starting the process and might be in country working for almost a decade and some even have done their Masters and have the experience. With all this, if they take advantage of this, then they deserve it. I am not able to understand your concern, and also expecting/requesting the porting process to be stopped !! Does not sound right.
more...
tonyHK12
02-09 06:25 PM
thanks gujju, srinivas_o for your contributions and continued support. It is nice to see EB3 guys being proactive. Giving up or doing nothing is not an option. This is the best chance we have until 2013.
There are 100,000+ in the EB3 queue, and nearly 30,000 in the EB2 queue.
Amount raised = $1700.00
Contributions needed = $48,300.00
There are 100,000+ in the EB3 queue, and nearly 30,000 in the EB2 queue.
Amount raised = $1700.00
Contributions needed = $48,300.00
2010 in a typical target store
chanduv23
07-08 11:23 AM
I agree. Since Employment based immigration is driven by Employer needs, employer has the bigger say.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
Since the process is driven by Employer needs, whole immigration process depends on it. Is it fair from employee point of view? Most likely, not. But, thats how current laws are in place. Changing these laws are not easy, to say the least.
This is really a very unfortunate situation.
The big difference between EAD (for AC-21) and GC is that AC-21 employer has to provide supporting EVL document to continue pending I-485. Now, it is upto the applicant how he/she passes this information to the employer when he/she joins that AC-21 job.
Now, many would pass clear info to AC21 employer that they would EVL to support their GC process (I-485) and no other sponsorship is required. Now, its upto their mutual agreement on EVL. Employer is, within his rights, not to support or issue AC-21 EVL letter.
On the practical side, vast majority of employer have no issues with such EVL letters.
Big companies, of course, go with their legal team recommendation as their main purpose to run their business with least legal hassels.
It is two-way street. If employer is really good, employee will make extra effort on his job. IF employee is valuable (from employer's point of view), most employer will go extra mile to retain him/her. I have seen many such incidents in 12+ years of professional career.
There is, of course, work politics involved too. Bitching about co-worker, a$$ kissing, nepotism is part of it.
I have seen cases, where one team member is making 115k and another team member, at same role, is making just 85k. This may be unfair, but legal.
---------------
Life is not fair; get used to it. - Bill Gates
Success is a lousy teacher. It seduces smart people into thinking they can't lose. - Bill Gates
.
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponser.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
more...
lg72
07-20 04:24 PM
IV core, you guys did an excellent job in coordinating the flower campaign and the San Jose Rally. Hundreds of thousands of people are enjoying the benefit of that right now.Thank you so much for all your tiredless efforts.
I pledge $100 for Aman.
Will contribute more to IV in the coming months...
I pledge $100 for Aman.
Will contribute more to IV in the coming months...
hair a two-level Target store,
SunnySurya
08-18 01:44 PM
Well said!. It is simply a sign of immaturity that some people will just complain but are not willing to do the work , not willing to understand the issue and not willing to understaing the constraints.
If any changes need to be made it upto the individuals to take the intiatives.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
If any changes need to be made it upto the individuals to take the intiatives.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
more...
guyfromsg
07-19 11:51 PM
Thanks IV core for the selfless sacrifice..A small pledge of $100
hot It#39;s not a perfect store,
apahilaj
08-09 09:27 AM
Yesterday status got updated for me and my wife as below:
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Same here...
Last night at 10:45 PM I received two emails for me and my wife for "approval notice sent"...
Hopefully, I will have my cards in hand by next week.
Thanks and god bless all!
Current Status: Approval notice sent.
On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Hope I will receive GC soon. Haven't got CPO mails/status yet.
Same here...
Last night at 10:45 PM I received two emails for me and my wife for "approval notice sent"...
Hopefully, I will have my cards in hand by next week.
Thanks and god bless all!
more...
house Target at the corner of
saimrathi
07-10 02:42 PM
I wish there was a link to the coverage..
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
Looks like CNN - India covered the our flower campaign story on TV!
Just got an SMS from India!
tattoo target store, super target,
mirage
03-07 01:34 PM
Your Comment on H2B is only right about H2B and doesn't apply on EB green cards. We are people who came on H1B & our Green Cards were sponsored by US employers, we have our Labor & I-140 approved and we are waiting for Visa number assigned to our applications. So you could be comparing apples to peaches...Immigration policies had been hostile in past 12 years and will continue to be same indefinitely...Now our choice is sit back, lie low, keep watching & read Visa predictions indefinitely- may be another decade or 2- or take some steps, which I think, are not going to face much opposition. Also regarding reason behind so many Indians is, that 200K H1B between 1999 and 2002. Even if visa cap is lifted for 2 years that big hump will be crossed, it may smoothen the Visa allocations for Indians.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
.
One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
.
more...
pictures Target Store - White Plains,
When485
04-21 04:19 PM
I could not control my feelings and shock when I read your post. We talk and cry about the delays and inconveniences but this one...OMG,,its really upsetting.. I immediately prayed for your welfare and peace...somehow I got a flash inside me saying that " you will live beyond 4-6 months and something will work out for you""
Hope you get some positive news soon!
take care
Hope you get some positive news soon!
take care
dresses A newer Target Store design
dingudi
03-23 05:29 PM
Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
Like Dard-E-Disco pointed, that is the link I am aware of regarding someone getting the RFE. Also you will not know what may happen at POE unless you travel and find out yourself.
I had also landed in canada in 2004 and came back to US but at that time my I-140 was also not filed. But as soon as my I-1485 got filed last year I had to take a decision whether I want US GC or canadian GC because my 3 year validity for canada GC was getting over last year. So I decided not to pursue canada GC and just stick to getting a US GC.
Believe me I had also invested so much money and time in trying to canadian GC but because my AOS got filed last year, I made the decision to let go of my canadian GC.
One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?
Again, I appreciate your input immensely. Thanks!
Like Dard-E-Disco pointed, that is the link I am aware of regarding someone getting the RFE. Also you will not know what may happen at POE unless you travel and find out yourself.
I had also landed in canada in 2004 and came back to US but at that time my I-140 was also not filed. But as soon as my I-1485 got filed last year I had to take a decision whether I want US GC or canadian GC because my 3 year validity for canada GC was getting over last year. So I decided not to pursue canada GC and just stick to getting a US GC.
Believe me I had also invested so much money and time in trying to canadian GC but because my AOS got filed last year, I made the decision to let go of my canadian GC.
more...
makeup Target store,
bluesky1
10-10 06:05 PM
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
Going by the most recent receipting update, very likely, our cases (especially July 3/R.William) got transferred from NSC(well beyond 07/03) to TSC(beyond 08/05 - the LUD date) to CSC(still working on 07/30). If you have a counter example, please post.
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
greener_pasture
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Hope every one of us will receive our receipts, EAD and AP asap.
Going by the most recent receipting update, very likely, our cases (especially July 3/R.William) got transferred from NSC(well beyond 07/03) to TSC(beyond 08/05 - the LUD date) to CSC(still working on 07/30). If you have a counter example, please post.
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
greener_pasture
July 5th
------------------------------------
chalamcharla
mbsac
July 9, at 11.07 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
krustycat
July 13, at 11.11 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
gcnm04
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
girlfriend Target to build store in Moore
chmur
07-28 12:33 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
hairstyles the Super Target store in
alterego
03-08 06:27 PM
Very well written. I can tell you through my observations of living in this society for 35 years:
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
1) People leaving because of long wait is a losing argument. Available information doesn't back it up. We have had severe retrogression since 2005 (h-1b quota cases have finished in matter of days)
2)USA is destination of choice. 9 million people file through greencard lottery for 50,000 slots and the main populated countries aren't even eligible to file (ie., India, China, Pakistan, Canada, etc.)
3) Call it what it is: Employment base immigration is least impacted. It is the only class of immigrants who are allowed to work/live in USA while they wait for greencard. Just about every other class has to wait outside until their number is called. This is number one impediment to EB grievances.
4) Stating that one is paying taxes, etc., is also losing argument. You are comparing yourself to the people who are here unlawful. Paying taxes isn't some virtue, it is the law.
5) Country quotas is fundamental to US Immigration. Getting rid of it for one class; ie employment base without looking at the whole thing is waste of time (ie., lottery, family base, etc.).
Now I don't want to get people upset but let's look at some things that have happened since 2005:
There was considerable debate on immigration.com of how the country quotas work and spillover of visas. Depending on how you read the law you would keep coming up with different conclusions. One way was to look at it as hard cap of 7% across all 140,000 visas that is 10,000 or so and it didn't matter about eb1,eb2, eb3. Any unused visas from ROW in EB1 would not go to india but rather flow down to eb2 row and then eb3 row. That s unused would go vertical instead of horizontal.
In uscis fiscal year 2004 eb3 went unavailable in summer of 2005. Statistics showed that India went well over their 7% limit.
In USCIS fiscal year 2005 we had severe retrogression for India. Visa bulletin states that spillover will be vertical instead of horizontal. Statistics showed that India only received 10,500 visas
Now, fiscal year 2006 . We have slow movement in visa dates; it appears that they are going vertical with spillover. However, in July 2007 they make it current for everyone and India goes over the 7% limit.
Fiscal year 2007 it appears from visa bulletin that they are going to go horizontal instead of vertical. No statistics yet of how much went to India.
Therefore; department of state has changed policy, interpretation without law change. Talk to many lawyers and they will tell you that spillover is supposed to happen vertical instead of horizontal. indian nationals have been benefitted greatly by department of state changing it on their whim. You don't see many people from ROW on these boards bellyaching about this; or contacting senators, or threatening lawsuits do you?
This is something to think about? As people keep highlighting this issue and if they continually point it out to lawmakers and someone from ROW gets the birght idea to challenge department of state then it will make it worse for India. I don't foresee any change whatsoever in country quota limits; mainly because it is fundamental to immigration and fundamental things don't change very easily.
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I + C.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time, I believe that there are many Eb3ROW folks with PDs later than mine that have sailed through ahead of me! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have also affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
cr52401
06-09 07:11 PM
My recipect number start from SRC. whrere is that center? I thought texas starts with TSC.
franklin
07-10 05:02 PM
Reminder - there is a nor cal conference call tonight to discuss the plans
