gc28262
04-10 11:14 AM
Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
I agree with your observations except the point that it will retrogress again to 2001.
As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.
Please correct me if I am wrong.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
I agree with your observations except the point that it will retrogress again to 2001.
As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.
Please correct me if I am wrong.
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waitingmygc
02-11 08:59 PM
The following question is for Gurus and those already got GC.
Does the online status change from "Initial Review" to "pre-adjudicated"? How the preson can know that her/his case "pre-adjudicated"?
Does the online status change from "Initial Review" to "pre-adjudicated"? How the preson can know that her/his case "pre-adjudicated"?
nixstor
07-05 01:00 PM
Assume you make it paid. Then what. We will have maximum 400-500 users and you want to go and lobby or fight with congress with that much number of users. I still do not understand why this thread is still active. Well my post is going to bump it up so I'll not respond to this post any more. Lets focus on other drives as suggested by pappu. We are just waiting too much time discussing fruitile things.
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
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rpatel
07-24 08:42 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
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bsbawa10
03-09 01:38 PM
I cannot express my anguish.
dvb123
02-19 12:12 AM
This radical idea will end retrogression radically. This concept is little tough for people who have no knowledge of country quota to understand.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
1. There is a bill in the house now
HR 264 Introduced to Congress
Section A - It will grant GC to people with > 5 years in US
Section B - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
2. We must encourage this bill with some amendments. Section A which automatically gives green card to people > 5 years in US should be ELIMINATED. Section B should remain.
3. This causes a reduction in I-485's and CP's because you need to be resident in United States for a minimum of 5 years to apply for Labor. Then ROW people would be able to apply for I-140 and I-485 automatically.
4. In the last quarter of every year the leftover visas(EB1 and EB2 ROW people will not be able to apply for labor->I-140+I-485 until they stayed in US for 5 years) will be spilled to EB 2 and EB 3 India and China. EB3 ROW, India and China visa retrogression issue will be solved because we will have spillovers for atleast 5 years. This bill is not against ROW people. EB3 ROW people will benefit immensely.
5. The restrictionists will be happy because nobody can start the green card process without staying in US for atleast 5 years (F1 + h1, j1 + h1, f1 only, j1 only, h1 only statuses)
So, we should support HR 264 bill with a few amendments if possible.
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ramus
07-02 08:16 PM
Thanks.. Please ask others to contribute..
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grinch
03-04 03:21 PM
Yeah I've been working on my entry slowly, learning some new things I never knew.
Almost done!
Almost done!
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GCwaitforever
12-27 02:08 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
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niklshah
07-13 09:27 PM
murthy was too scared too give any statemant before, this statemant was ok but it was too late when she saw that the momentum is getting strong she jumped in.
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gcnirvana
07-12 04:50 PM
I think you are in. Good Luck!
Mine is 3/21/06. So close...yet seems like so far :(
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
Mine is 3/21/06. So close...yet seems like so far :(
Hi,
My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?
thanks,
Rwe
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delax
07-13 09:49 AM
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
Appreciate your comment - :) A healthy debate is beyond your reach and the ability to appreciate another view point seems to be completely missing. The last time I checked a forum is precisely for that - I am not defending or promoting anybody - Please - lets stick to Gandhian principles when we deal with each other not just with USCIS :)
pls close this thread
Appreciate your comment - :) A healthy debate is beyond your reach and the ability to appreciate another view point seems to be completely missing. The last time I checked a forum is precisely for that - I am not defending or promoting anybody - Please - lets stick to Gandhian principles when we deal with each other not just with USCIS :)
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ItIsNotFunny
10-15 02:28 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
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TeddyKoochu
09-10 02:01 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.
Agreed that the I140 data may not be exact due to system limitations but approximation can still work, they take up more people, EB2 ROW was current the whole of last year, FB2 is at Apr 2010. Even I140 statistics are shown on the volumes chart so I believe that the approximate numbers per country can be very easily derived or they can test the waters in small steps if they like. Since there is no guideline on this the agencies are legal in using judicious discretion.
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TexDBoy
09-10 02:42 PM
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BECsufferer
02-19 07:00 AM
What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.
And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?
Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!
And who do you think is going to process the paperwork for illegals? ... guess again, the same agency that is processing for Legal would-be-could-be immigrants. So how is it not going to increase processing time which would ultimately result in further delay?
Moreover, it doesn't matter wether their is delay or not. Simply, putting illegals in front of legals is ethically, morally and legally wrong!!
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reddymjm
09-10 12:58 PM
My PD is March 2010 EB2 so i'm not even in this race yet but help me in understanding one thing.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Yes EB3 was in Jun 2003 in Jun 2007 bulliten and July 2007 all were Current. EB3 was in 2001 or so till May 2007 Bulliten. Most of them waited few years to file 485.
Was EB3 current in July 2007? If yes, I'm assuming atleast 95% EB3 folks have EAD and their spouse can work. The really big problem in post 2007 EB3.
Since dates were current in July 2007, Eb2 and Eb3 can atleast enjoy EAD/spouse working benefits. Why do ppl complain when they have EAD etc whose PD is before 2007.
Yes EB3 was in Jun 2003 in Jun 2007 bulliten and July 2007 all were Current. EB3 was in 2001 or so till May 2007 Bulliten. Most of them waited few years to file 485.
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ryan
08-21 12:12 PM
I did not marry the man I was engaged to. .
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
Sorry to hear. We can debate on this form till the cows come home, however, I think it is best you contact an experienced / skilled immigration lawyer ASAP. Often there are alternatives and solutions an immigration lawyer can evaluate and put forth to you. IMO that is the best option at this point. I hope things work out for you, good luck.
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immique
07-03 01:42 AM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
ashkam
07-28 08:11 AM
It's India Pale Ale, not India Pale Beer. Lord Ganesha would be shocked at your ignorance.
sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
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