ssa
08-21 12:56 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
I remember reading statement from USCIS head (if I remember correct on Ron Gotcher's forum as well as in some immigration newsletter) that they consulted congress and other legal resources on how to interpret the unused visa overflow provisions and based upon the consultation decided to change overflow allocation from "vertical" to "horizontal".
So yes, they did change the way they used to handle the overflow but it does not seem like it was done on their own whims and fancies. It does not matter how we interpret the sections of the law among ourselves, if they got the current interpretation after consulting with congress etc. IMHO it will be very hard to make them change it back to the old way. As a government agency they can not do frequent flip-flops on policy matters - now efficiency is whole another story ;)
If I can find the links to the articles I mentioned above I'll post them on this thread.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
I remember reading statement from USCIS head (if I remember correct on Ron Gotcher's forum as well as in some immigration newsletter) that they consulted congress and other legal resources on how to interpret the unused visa overflow provisions and based upon the consultation decided to change overflow allocation from "vertical" to "horizontal".
So yes, they did change the way they used to handle the overflow but it does not seem like it was done on their own whims and fancies. It does not matter how we interpret the sections of the law among ourselves, if they got the current interpretation after consulting with congress etc. IMHO it will be very hard to make them change it back to the old way. As a government agency they can not do frequent flip-flops on policy matters - now efficiency is whole another story ;)
If I can find the links to the articles I mentioned above I'll post them on this thread.
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angelfire76
04-24 06:37 PM
May I ask your immigration status. I believe you already got your GC and roaming around here just beat shit out of others. Each and every of your post is convincing me in that direction only. You would be happy to see the H1 guys thrown out from here. So it will increase your demand and you can make more money. What kind of person you are. is there any difference between you and anti-immigrant. Or are you that coming with Indian name to make fool out of us.
If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.
People are already stressed out. If you got your GC please go-away and enjoy your freedom.
Probably a labor sub guy who got his GC by accident and now can't land a job due to a non-existent skillset. Now how do you market yourself when you are the crappiest product: get rid of the competition and be the only show in town. :rolleyes:
If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.
People are already stressed out. If you got your GC please go-away and enjoy your freedom.
Probably a labor sub guy who got his GC by accident and now can't land a job due to a non-existent skillset. Now how do you market yourself when you are the crappiest product: get rid of the competition and be the only show in town. :rolleyes:
ArkBird
09-09 04:26 PM
Done. Called *.*
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rcr_bulk
08-26 11:44 AM
While people are discussing about Vonage plan, I bought VG shares at around 50 cents after the news came out and boom sold today at $2.10....Kool 400% profit in just 4 days....
Thanks Vonage.....
You are the man
Thanks Vonage.....
You are the man
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Apple_fruit
09-24 11:09 AM
what was your I-485 notice date?
Nil
03-11 12:32 PM
i guess some of the folks who are in the same GC boat do not approve of a few getting into citizenship while the rest are left behind.
This is fully understandable.
All what we are aiming for, finally, is citizenship.
All what a few red dotted folks here are talking about is to set a fair timeline for it.
Say if one gets the GC after 4 yrs of application, s/he will get a citizenship roughly 10 yrs from that start. What is wrong if someone who is waiting in queue for 10 years can finally apply for citizenship?
We need to find a plan to propose that will speed up the GC process as well as deliver citizenship after a foreseeable period of time.
There is no discrimination here.
Please feel free to reason out instead of pouring in red dots.
This is fully understandable.
All what we are aiming for, finally, is citizenship.
All what a few red dotted folks here are talking about is to set a fair timeline for it.
Say if one gets the GC after 4 yrs of application, s/he will get a citizenship roughly 10 yrs from that start. What is wrong if someone who is waiting in queue for 10 years can finally apply for citizenship?
We need to find a plan to propose that will speed up the GC process as well as deliver citizenship after a foreseeable period of time.
There is no discrimination here.
Please feel free to reason out instead of pouring in red dots.
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venky08
01-07 10:07 PM
my letters are on the way GO IV GO...
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theonlyron
01-05 10:56 PM
This is really good news.. Can you please provide more details of your case?
- was it first H1/H4 stamping or renewal?
- do you have I140/I-485 application filed?
- did your employer do anything to inform the US consulate in advance about visa stamping?
thanks in advance,
H1 Visa renewal (with a new employer)...earlier H1 visa was stamped in Toronto.
I-140 pending at NSC since March 07
Category is Schedule A (now EB3)
I-485 pending at TSC, EAD and AP approved.
There was no communication between the consulate and my employer. I guess it was just luck.
- was it first H1/H4 stamping or renewal?
- do you have I140/I-485 application filed?
- did your employer do anything to inform the US consulate in advance about visa stamping?
thanks in advance,
H1 Visa renewal (with a new employer)...earlier H1 visa was stamped in Toronto.
I-140 pending at NSC since March 07
Category is Schedule A (now EB3)
I-485 pending at TSC, EAD and AP approved.
There was no communication between the consulate and my employer. I guess it was just luck.
more...
chanduv23
11-02 10:15 PM
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ilikekilo and other friends,
please contact itisnotfunny - send a PM - to volunteer for further steps. Thanks for all the help
ilikekilo and other friends,
please contact itisnotfunny - send a PM - to volunteer for further steps. Thanks for all the help
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chanduv23
04-25 01:17 PM
May I ask your immigration status. I believe you already got your GC and roaming around here just beat shit out of others. Each and every of your post is convincing me in that direction only. You would be happy to see the H1 guys thrown out from here. So it will increase your demand and you can make more money. What kind of person you are. is there any difference between you and anti-immigrant. Or are you that coming with Indian name to make fool out of us.
If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.
People are already stressed out. If you got your GC please go-away and enjoy your freedom.
senthil1 is one of those who is "shut the door behind you" kinds folks. He has been consistent on his stand and he wants to side anti immigrants. He is a disgrace and shame to your community. I had a feeling that sometime back he was 'reformed criminal" but does not seem so anymore.
If you dont believe me, you read all your posts again. You are always talking about banning desi consultant. You are more than welcome for that. But you did you even thought about a second for guys who are genuine and unfortunate to work for them.
People are already stressed out. If you got your GC please go-away and enjoy your freedom.
senthil1 is one of those who is "shut the door behind you" kinds folks. He has been consistent on his stand and he wants to side anti immigrants. He is a disgrace and shame to your community. I had a feeling that sometime back he was 'reformed criminal" but does not seem so anymore.
more...
alterego
10-07 01:28 PM
It seems that EB application in general have slowed down in October and especially this week. Of those, from data which appears to be the broadest sample available, most approvals seem to be EB2, very few EB3s, and few EB1s(possibly anemic demand due to economy, which augurs well for spillover eventually).Furthermore, less than half are EB2ROW.
Based on this observation, I think that the approvals coming out now represent those that remain on the IO desks from last month. They just slowed down their work rates. I think that they could care less about what we are doing to have our cases adjudicated. They have their way of doing things and nothing you say or do will change that. The latest thing they are telling public officials inquiring on your behalf is that they have a work flow which they will not interrupt. The issue is, their work flow is based on nothing but randomness. Those inquiring are those that have been badly screwed by their "work flow". They will not answer to why older PDs and RDs are being left behind while later ones are making the "work flow".
My guess is that the IO desks will slow things up until after the next VB, later this week, then, based on the current demand for EB2I, we will see some retrogression, exactly how much I do not know, but a few months probably, maybe to somewhere in mid 2004, and then they will request more batches of work based on that bulletin, which will then give them a more diverse(of origin and EB category) group of files for the rest of Oct. and Nov. than they got for Sept. and early Oct.
The Dec. bulletin will entirely be based on their internal decisions on whether to use spillover quarterly or not. If they decide to use it quarterly, then we will see a decent forward jump in PDs for EB2I, and if they decide not to, then PDs will languish in the mid 2004 time frame give or take a few months until the usual summer song and dance session next year.
The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.
Based on this observation, I think that the approvals coming out now represent those that remain on the IO desks from last month. They just slowed down their work rates. I think that they could care less about what we are doing to have our cases adjudicated. They have their way of doing things and nothing you say or do will change that. The latest thing they are telling public officials inquiring on your behalf is that they have a work flow which they will not interrupt. The issue is, their work flow is based on nothing but randomness. Those inquiring are those that have been badly screwed by their "work flow". They will not answer to why older PDs and RDs are being left behind while later ones are making the "work flow".
My guess is that the IO desks will slow things up until after the next VB, later this week, then, based on the current demand for EB2I, we will see some retrogression, exactly how much I do not know, but a few months probably, maybe to somewhere in mid 2004, and then they will request more batches of work based on that bulletin, which will then give them a more diverse(of origin and EB category) group of files for the rest of Oct. and Nov. than they got for Sept. and early Oct.
The Dec. bulletin will entirely be based on their internal decisions on whether to use spillover quarterly or not. If they decide to use it quarterly, then we will see a decent forward jump in PDs for EB2I, and if they decide not to, then PDs will languish in the mid 2004 time frame give or take a few months until the usual summer song and dance session next year.
The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.
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snathan
04-01 03:06 PM
Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"
You made my day...:D
You made my day...:D
more...
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drona
07-10 07:38 PM
Saimrathi Please see nixstor's message above and respond to it.
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SunnySurya
08-07 04:12 PM
Who said that those 10 guys are committing fraud. They are going by the books, which allow them to file GC for future employment. Even from the employer standpoint, you cannot prove that any fraud has been committed.
Why don't you just ask those 10 guys you know are comitting fraud ( by not joining the desi consulting companies and trying to workaround etc ) which company\companies they are working with and then file a complaint with DOL about them. I am sure DOL would surely look into their workings and will very very surely find out that they are doing something illegal in other things ( even if this is not one of them ). Those companies will get blacklisted and will set an example for other companies.
But I don't think you should stop anyone who is doing it legitimately. If one qualifies for EB2 and has been in the queue for a long time he has the right to do it.
Why don't you just ask those 10 guys you know are comitting fraud ( by not joining the desi consulting companies and trying to workaround etc ) which company\companies they are working with and then file a complaint with DOL about them. I am sure DOL would surely look into their workings and will very very surely find out that they are doing something illegal in other things ( even if this is not one of them ). Those companies will get blacklisted and will set an example for other companies.
But I don't think you should stop anyone who is doing it legitimately. If one qualifies for EB2 and has been in the queue for a long time he has the right to do it.
more...
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sledge_hammer
07-09 08:50 PM
If I hadn't already spent $34 on sending flowers to USCIS, I would have definitely sent a "bon voyage" bouquet to you.
To anyone still thinking about sending flowers, do this woman a favor, and send her flowers instead!
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
To anyone still thinking about sending flowers, do this woman a favor, and send her flowers instead!
Hello all
I am a silent visitor of this website.
Just my 2 cents... Don't think USA is like India where you can do something forcefully. Why don't you guys understand the real problem of USCIS.
Do you think that by sending flower to USCIS will force them to make EB2/EB3 current for 2005/2006/2007 guys??
Please try to understand their problem.
Also India is the great. Why don't you guys just think that India is your home country where you are born and brought up. Why you people can't just wait and watch?? If nothing happens to the so called GC, then why don't you think to pack up and go back to India???????
My sincere request, please don't do rally, you might be arrested......you never know what they can do..... Don't you think that, it is better to go back to India rather than being embarrassed here in US???
Isn't it a shame on us to go for Rally to get GC?????:D
Just think that you will get it when time comes, otherwise pack up.
Please don't take much tension as life is very short. I am assuring you all, nothing will happen with law suit and flower campaign.Don't irritate USCIS by doing all this please.
EB2 India
PD-2005-May
I140 approved-Sept 2006
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pshaikh
12-15 01:34 PM
I have an appointment at Mumbai Consulate on Jan 2 for H1-B & H4 renewal.
People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!
Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.
Eg:
Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
other details: <.....................>
Below is some background info. on this recently introduced change:
Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance
The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.
Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).
DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.
Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.
People who interviewed in December and have started receiving passports back - please provide information in the format below. Thanks!
Date of interview, Passport received back (yes/no), Date passport received (or N/A), Visa class, Consulate location, Visa renewal only (yes/no), Any other info. worth sharing.
Eg:
Dec 5, Passport rcvd -YES, Dec 12, H1-B, Chennai, Renewal-yes
other details: <.....................>
Below is some background info. on this recently introduced change:
Delays in Visa Issuance Resulting from the Department of State�s New Directive on Nonimmigrant Visa Issuance
The U.S. Department of State (DOS) instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS�s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions.
Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS�s Computer Linked Applications Information Management System (CLAIMS).
DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, we have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants.
Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected. DOS projects that visa issuance will improve once the agency moves to a full online NIV application system in mid-2008.
more...
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satishku_2000
07-10 01:15 PM
Everyone knows that increasing green card numbers will be best solution. In that also if we ask too much we may not get anything. Double the number of annual Gc plus exclude dependents will be enough for reducing retrogession but that may not eliminate. But waiting period of 2 to 3 years can be reasonable for most people. I am sure one more chance will come for increasing H1b numbers. That time we can try for GC increase also.
But I am supporting the flower Campaign for protesting the VB mess up though it will not solve the problem
Everyone knows what solves the problem , I was asking about to how to acheive them . What are your suggestions to acheive those goals. You seem to have a problem with everything everyone suggests or does. What are your concrete ideas to acheive our goals.
The problem is not about waiting , Problem is unpredictability about waiting , Can you tell me when will my sep 2004 PD will become current? I think I will meet your threshhold of 3 years sooner rather than later ...
Did you send flowers by the way?
You said ". That time we can try for GC increase also. " , How do you want us to try?
But I am supporting the flower Campaign for protesting the VB mess up though it will not solve the problem
Everyone knows what solves the problem , I was asking about to how to acheive them . What are your suggestions to acheive those goals. You seem to have a problem with everything everyone suggests or does. What are your concrete ideas to acheive our goals.
The problem is not about waiting , Problem is unpredictability about waiting , Can you tell me when will my sep 2004 PD will become current? I think I will meet your threshhold of 3 years sooner rather than later ...
Did you send flowers by the way?
You said ". That time we can try for GC increase also. " , How do you want us to try?
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Saralayar
01-05 05:43 PM
Thought this was stupid idea about couple of years back, looks like its not that bad! Every one likes it and wants it!
2 years back we did not think about the future. Just only about the GC and we forgot how many years we are living in this country...
2 years back we did not think about the future. Just only about the GC and we forgot how many years we are living in this country...
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Cheran
04-24 04:04 PM
This guy doesn't have a clue. He is deviating so much from the core US policy, I don't know where it might end. I wonder whether we are better off with the last one????
pani_6
09-15 11:28 PM
Call them once, twice , thrice;)
gimmeacard
09-14 06:07 PM
I have a quick question, Some of you had an older EB3 pd active, filed 485 and then either ported or have used a newer EB2 and gotten approved and Greened.
Now, knowing USCIS uses outdated software, the question is are these people that are greened, taken out from the so called "queque" for EB3?. And then hopefully the line gets shorter for EB3s?.
yes, i am from one of those queues, i ported my EB3 to EB2 , so 2 less entries there, i know of several folks that did as well.
my CPO was based on A# from that queue
Now, knowing USCIS uses outdated software, the question is are these people that are greened, taken out from the so called "queque" for EB3?. And then hopefully the line gets shorter for EB3s?.
yes, i am from one of those queues, i ported my EB3 to EB2 , so 2 less entries there, i know of several folks that did as well.
my CPO was based on A# from that queue
