Thursday, June 30, 2011

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  • malaGCPahije
    08-08 09:38 AM
    You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.

    Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.

    This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.

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  • eb_retrogession
    01-05 02:50 PM
    This thread (forum as well)seems to be really enthusiatic abt the immigration reforms.
    Keep it up! I am a new member to this forum who had been passively following the S1932 disaster on forums.

    Hopefully things may look better with the new bill sponsored by Arlen Specter.
    The bill looks good but how do we know that it is this bill which will be discussed and not the other bills sponsored by senator hagel,mccain etc..
    Question is even though this bill seems to be a consolidated effort of all the previous bills how can we be sure if this is the bill which will be discussed as part of immigration reforms in feb?
    Also this does not have any clause for applying for I-485 before cut off date?
    So the people who benefit through this bill are probably the Masters/Phd who can automatically adjust their status and the people who have not even applied for a GC ( since no labor cert required).

    But for people who are stuck at their 1-140 waiting to apply for I-485 the only thing this bill helps is increasing the EB quota.
    I am a EB-2 applicant (masters) and would strongly support this bill but i don't see how it helps EB-3 applicants as much unless we have the clause for applying for I-485 before cut off date.

    Even though there is a draft available about this bill, what gets included and what does not, is all up for debate yet. So no one really knows how this bill will look like, come Feb. That is why we are in the effort to have as many proosals that benefit us , be included in the bill.

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  • suriajay12
    03-13 07:41 AM
    Could not find the link..Which page do I need to go on to vote.. I have searched about 500 pages.. Pls. advise..

    RV You will see "Agenda" as one tab. In that you can post it under immigration. There is a button called "Send or submit your ideas".
    The letter to send is in page 10 in this forum.

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  • PD_Dec2002
    06-29 04:11 PM
    This is purely cruel and torturous. I only hope this remains a rumor at best and that this is the brainchild of someone in the State Department with a twisted sense of humor.



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  • rajsat
    10-01 10:12 PM
    I recieved 2 notices in mail today.

    One is the welcome notices which says that I-485 is approved.
    Another notice which says that they reviewing or reconsidering the decision previously taken.

    Called 1-800 # and the infopass. They say that reopened or reconsidering the case as the visa numbers retrogressed.

    How can that be when am current in oct as well.

    Mine is EB2 and the priority date is Dec 2004.

    Any suggestions to have this fixed.

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  • gccovet
    08-07 02:43 PM

    Sunnysurya is busy trying to get people for the lawsuit. He will not reply to you.

    According to IV Tracker, his EB2 PD is Nov 2005. He has filed in Nebraska.


    Calling all EB3-I with PD before Nov 2005. Please get 3 desi firm names from Sunny_Surya and start EB2 filing. Then port your PD's.


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  • TeddyKoochu
    04-01 04:46 PM
    This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.

    EB2-C - 3521
    EB2-I - 9345

    The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.

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  • SunnySurya
    08-07 10:59 AM
    If people can move freely between the categories then Why do we have categories?...:confused:
    An EB3 guy had waited patiently after getting into GC queue and you come later with your masters and go ahead of him, isn;t this cutting the GC line?.


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  • anura
    04-06 08:20 AM
    GC_ASP: "This is seems to be completely different from what they claimed "substantial" before..."

    Two weeks is substantial considering that in May EB2I movement is supposed to 0 days. :)

    On a more serious note, Shusterman had to adjust the statement because everyone is going to question their credibility when the VB comes out and if it is only 2 weeks and not the 'years' that they claimed. Shusterman is just another person who spoke too much too early.

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  • alisa
    04-17 07:36 PM
    I think this must be publicised somehow.
    Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
    And in that case, it should be publicised and brought up that it is illegal.

    I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.

    If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.


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  • nitinba
    06-29 05:07 PM
    Can USCIS or DOS reimburse me for pain they have caused and all the expenses I had to incurr due to their whims and fancies. There seems to be more weight to the rumors as all of a sudden every attorney is saying the same thing.:mad:

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  • desighee
    08-21 01:13 PM
    i just changed the plan online and it works!!
    awesome..already made about an hour of free call!


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  • gc_on_demand
    04-05 04:14 PM
    Is that mean they are going to move the PDs much further and again move back during the end of the year!!

    So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!


    "Cite as "AILA InfoNet Doc. No. 11040563 (posted Apr. 5, 2011)"

    Following-up on his earlier observations on EB-1 demand and "spill-down" to EB-2 reported on InfoNet on March 29, 2011 (InfoNet Doc. No. 11032960), Charlie Oppenheim discussed scenarios for EB-2 movement in the coming months. In preparation of the May 2011 Visa Bulletin, DOS will consider the approximately 12,000 unused EB-1 numbers that will "spill-down" to EB-2, EB-2 demand and possible unused numbers, and will consult with USCIS on its processing potential. A quick look by DOS at this point indicates that there is the possibility for greater advancement of the India EB-2 category than had earlier been thought. Doing so will give DOS better visibility into EB-3 upgrade demand in the pipeline, and will better ensure that all visas allowed annually are used. However, a rapid advance could spur a surge in demand that could impact the cut-off dates later in the year. The May Visa Bulletin, generally issued mid-April, will contain a discussion of visa availability projections for the remainder of the year.

    My comments earliar this morning.

    I checked some family based data and Date jumps 2-3 years once in a 2-3 year period and NVC gets enough files to work on for next 2-3 years , so dates moves slowly for next 2-3 years. USCIS learned lesson from July 2007 and may follow same approach what NVC do.

    They might go upto 2008 or 2009 in advance this year or next year so they have almost 20-30 k Eb2 cases on hand which can last for year or two. USCIS needs some new cases to work on. All pre adjudicated cases are ready for approval so chances are there they can advance date so that they can get enough cases for next year's spill over quota.

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  • Marphad
    11-21 03:15 PM
    we finally have "100", can we take it to 200?


    Who are 2 idiots said No?


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  • royus77
    06-20 05:15 PM
    please clear the doubt .. Affidavit of support is it I-134 or 864?

    Its I-134 document

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  • gimmeacard
    09-08 05:08 PM
    I had filed my prior applicaiton in EB3 with 485, Later i joined new firmB around august 2007 timeframe. and they started off again using old PD and ported to EB2, which was granted,
    my new company filed for my 485 again as they thought it was right around when i moved and could raise RFE

    I got an email today my CPO ordered, using 485# of prior filing

    what should i do, tell USCIS or talk to lawyers, i dont want this to cause a denial

    ( I never used EAD or so, always on H1)


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  • krish2006
    04-04 04:15 PM
    I think you meant to say 2800 not 5800. I'm correcting your statement.

    So India regular quota for the last six months : 2800/2 = 1400
    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)

    Thanks for the pointing this . Corrected the original post to reflect the same.
    (I was thinking of china so 2800 became 5800 :) )

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  • camarasa
    07-10 01:19 AM
    Don't know if anyone noticed but Mr. Emilio's statement nowhere indicates any acknowledgement of the hardships caused by the fiasco. If he (and USCIS) knows about "flowers", I am sure USCIS knows about the scramble, hardships and frustration caused by the fiasco. A simple acknowledgement through something like " ....while we regret unintended consequences of following our internal procedures, we have made arrangements to forward the flowers to ..." would have demonstrated leadership or honesty of intent which I guess is in short supply

    I think he is trying to say if anybody needs flowers its our men in uniform and not us (USCIS). I hope I am wrong but thats my perspective. Have sent the flowers anyway ;)
    Two things quickly...

    1) He was probably advised by their lawyers not to mention anything about the visa bulletin for legal reasons.
    2) I didn't realize this until this evening when I mentioned the whole flower thing to my wife and she reminded me that government officials and agencies aren't meant to accept gifts from anyone. I believe this may have been considered a gift, or at least a grey area and perhaps they believed that discretion was the better part of valor.

    I work for a government department, not as a State employee but as a vendor, and they aren�t allowed to accept anything from us that may be construed as a gift. Even when we have our annual golf days, ours are paid for by the vendor company but the State is forced to pay for themselves.

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  • dilber
    09-09 05:15 PM
    In the process of calling all of them. Gone through a few already. Come on people it is really easy and effective.

    09-09 03:23 PM
    Called most of them..

    Bumping so that others can call as well

    01-27 04:56 PM
    RNC Bows to Bush, Kills Immigration Resolution
    By John Gizzi
    Human Events Online, January 22, 2006
    . . .
    Given the growing chasm between the Administration and GOP grass-roots activists on the issue of illegal immigration, the Pullen measure could well have paved the way for the most incendiary debate at an RNC meeting since the party�s ruling members eight years ago voted down a measure to deny funding to candidates opposed to a ban on partial birth abortion.
    . . .

    The Illegal Immigration Lobby
    By Don Feder, January 17, 2006
    . . .
    Similarly, every call for immigration reform is answered with lusty shouts of racism by the self-styled champions of �immigrant rights.�

    You want to start protecting our borders? You�re a racist. You think illegal aliens are responsible for a disproportionate share of crime, disease, poverty and social disintegration? You�re a racist. You believe America has a national language, and it isn�t Spanish? You�re a xenophobic, hate-monger (even if you�re an immigrant or the grandchild of immigrants).
    . . .

    Threat to Immigration Reform
    San Antonio Express-News, January 23, 2006
    . . .
    Illegal immigration is a hot-button issue these days, and calls for a border fence spark fierce support among some segments of society.

    That support is misplaced; undocumented workers who risk death to cross the border will not be deterred by a wall.
    . . .

    What's FAIR Got to Do With It?
    By Tom Barry
    International Relations Center, January 19, 2006

    The House's approval of the Sensenbrenner immigration reform bill in mid-December was a clear signal that the most virulent restrictionists were in control of the immigration policy debate.

    Sponsored by Rep. James Sensenbrenner (R-WI), chair of the House Judiciary Committee, the Border Protection, Anti-Terrorism, and Illegal Control Act calls for the extension of a fence along a third of the 2,000 mile U.S.-Mexico border, involves local law enforcement and other government officials in immigration enforcement, and denies due-process of law for immigrants. The bill sparked a spate of international criticism of rising anti-immigrant sentiment in the United States , and raised alarm among immigrant communities and their advocates.
    . . .

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