frostrated
09-09 03:09 PM
For those of you thinking that EB3I will move forward once EB2 becomes current in the next year or so, please think again.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
There are many EB2 I & C waiting to file their AOS applications. Anyone that missed the 2007 and 2008 windows, are eagerly waiting to file. It is estimated that there are a few thousand primary applicants in EB2 alone, each year from 2007 to 2010.
As a result, it is very unlikely that EB3 I will advance apart from its annual allocation of approximately 2800 visas. At the current rate, it will be three years before EB3 I 2002 is cleared, and many more years for the other years. In the meantime, there will be more applicants in EB2 category, thereby preventing your applications from being approved.
The options that lie before you are the passage of CIR, removal of country limits (which again is invariably tied to CIR), porting to EB2. The only option that is within your control is porting.
I would highly suggest that you use that option rather than rely on a change in law - a law that we have seen being dangled before us like a carrot for the past four years.
If you have been given a promotion or even offered one, take that. Contrary to what someone says about not being able to use experience in your current company, that is wrong to a certain extent. Experience in your current company in your current position cannot be used. But, experience in a different position in the same company can be used as experience to your EB2 status.
Take your promotion, and have the employer file a new labor petition. During the I-140 stage, port your EB3 priority date to your EB2 petition, and pretty much your 485 will be approved along with your 140, if not a few weeks after that (provided your PD is current).
Good luck in your porting. If you decide to wait until EB3I becomes current without porting, you are going to wait for a long time. I would suggest that anyone with a PD of Jan 2003+ to start your porting process. For the others, I'd suggest you wait it out as in the time it takes to do the porting, your 485 in EB3 will be approved.
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nomi
12-11 02:32 PM
I think we should spend more time to explore this option too. If USCIS make this rule which alllow us to file I-485 with out PD current that will be big relief for us.
sc09876
08-10 02:42 PM
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.
However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.
Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)
This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Let me just say I am not here to start a EB2 vs EB3 fight. I think the beef is that EB3 is still in 2002 while EB2 is now peeking into 2007.
However, IMHO, if you extend that logic, since EB3 has much more filings than EB2, EB2 wait time would be unrealistically high. Just my opinion that it defeats the purpose of classification, since in the end, it will be PD based and not classification based.
Instead the focus should be in "automatic" progression to higher classification if the PD has certain # of years. For example: If the job requirement had 3 years at the time of labor and 3 more years have passes since, 140 should automatically be allowed to re-classify to EB2 (filed or yet to file)
This way, working for the same employer and adding experience will be an advantage and would not need to change jobs just to re-classify or port.
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kumar1
09-26 02:09 PM
^^^^^^^^^^
xx
xx
more...
HV000
02-14 12:51 PM
That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
lifestrikes
02-14 02:29 PM
Day Off (April 4, 5) - Check
Accommodation - Check
I'm driving to DC from Cary, North Carolina on Saturday. Will attend Training on Sunday and both Advocacy Days.
Accommodation - Check
I'm driving to DC from Cary, North Carolina on Saturday. Will attend Training on Sunday and both Advocacy Days.
more...
YesGC_NoGC
04-10 06:10 PM
ISit possible to split pre Jan 2003 to 3 or 4 categories?or is it too late...
What is your EB3-India PD (I-485 either pending, or not yet filed)
What is your EB3-India PD (I-485 either pending, or not yet filed)
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ps57002
09-19 10:01 PM
I didn't mean it in a "against illegal immgration" way. That's the downside of trying to communicate using words online, you can't tell the what other person is really saying at times. What I want (using other slogans if necessary) is to educate people that there is a difference in immigration. As soon as people hear the word immigration, to them it means "illegal" and there has to be some way (using appropriate slogans) to communicate that....that's all :)
more...
Horace Jones
08-02 09:03 AM
Unfortunately it seems that others have run into similar situations, where an employer has promised to sponsor an H1 visa and then revoked that promise. Here is an example of a similar situation, where the immigrant party is a speech pathologist in Florida: My employer promised to sponsor me for Green Card and has now withdrawn that offer. I am a Speech Pathologist - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071203071112AAiWfB1)
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crazyghoda
01-30 01:14 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
more...
bharani
11-04 11:31 AM
Nrc2008064195
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sodh
07-24 06:02 PM
What i have heard is that the recent I140 approvals (2006/07) contains A#.
Only the ones who were on OPT.
Only the ones who were on OPT.
more...
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jamesbond007
09-10 01:54 PM
Could someone post periodic updates for the benefit of those who do not have real player? (and are not allowed top install it)
Thanks
Thanks
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walking_dude
10-28 11:46 PM
I sent mine. Did you send yours?
more...
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mnq1979
08-21 09:46 AM
Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.
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Jerrome
07-12 05:28 PM
I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, keeping PD with 2004 would be a loss for china and gain for India. So by keeping 2006 June, USCIS will have enough visa numbers for China . India's share will be consumed by 2004 and 2005 applicants.
Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.
If USCIS follows the same rule again then by next year end the PD for India will move.
This is my guess.
Even if India's PD is going to be in 2006 mid, this would result some adhoc or lucky one in 2006 getting GC than a majority of applicants. PD for india would move back to 2004 or 2005 by october 08.
If USCIS follows the same rule again then by next year end the PD for India will move.
This is my guess.
more...
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flresident
04-08 11:36 AM
I went to India for vacation in Dec end, 2008 and came back on Jan end, 2009.
This was my 4th trip in 8 years.
POE: Atlanta with my wife and 2 kids.
process was lengthy but lady officer was very nice, usual questions, no issue at all.
I renewed my H1b stamp in India also. same. usual questions about my job and visa. some questions to my wife also for H4 renewal. No issue at all.
I hope this helps (in calming down) guys who are visiting india. No need to panic if your documents are ok.
This was my 4th trip in 8 years.
POE: Atlanta with my wife and 2 kids.
process was lengthy but lady officer was very nice, usual questions, no issue at all.
I renewed my H1b stamp in India also. same. usual questions about my job and visa. some questions to my wife also for H4 renewal. No issue at all.
I hope this helps (in calming down) guys who are visiting india. No need to panic if your documents are ok.
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PD_Dec2002
07-05 04:41 PM
nixstor, for all your efforts (and I admire them) here to promote people to join IV and contribute, check what other senior members are doing...they are driving new members (and potential contributors) away.
See http://immigrationvoice.org/forum/showthread.php?t=6113. So what if the poster is using a substitute LC? Didn't logiclife quote today that unfortunately life is not fair?
Thanks,
Jayant
See http://immigrationvoice.org/forum/showthread.php?t=6113. So what if the poster is using a substitute LC? Didn't logiclife quote today that unfortunately life is not fair?
Thanks,
Jayant
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vandanaverdia
09-10 03:34 PM
You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!
sundarpn
01-18 11:45 PM
off topic. Since you went to get yout visa stamped, was there any dealy due to the new PIMS verification system?
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
Which consulate did u goto? Was this renewal of your H1b stamping? How long did it take for you to get the passport back?
thx
Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.
On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.
On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.
One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).
I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.
Sir, are you a US citizen?
I said, No
Then, he asked me, can I see your immigration documents.
I have shown my passport to the police officer.
He looked at H1-B visa and I-94 and asked me; who do you work for?
I said my employer�s name.
Later, he gave me my passport back.
Now,
I have asked the Police Officer few questions
1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?
Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.
2. What would you have done to me, if I had failed to present my passport?
Police office said, I could have DEPORTED you.
3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?
Police office said, No. Technically, you must carry original documents at all times.
I would advice you to carry Passport at all times.
I did not know this until Police Officer told me about this LAW.
P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.
dontcareanymore
12-12 05:04 PM
I expect things to be more transparent from February onwards (note month of Feb), that is because i beleive that the new leadership will ensure that there is a transparency in the whole process rather than a lottery like approach to the dates.
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason..... :) :)
Watching TV a lot ???
It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).
If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.
Nothing against Obama.
Also i beleive the whole GC process will be more professional giving folks like us much much more respect than what the current approach is doing....
....and ....no world hunger , no drought any where in the world, no pollution , global warming reversed , people will love each other , no fighting any where for any reason..... :) :)
Watching TV a lot ???
It is the same DXXX system. Same people processing your cases. Don't expect mirracles. You will be disappointed. We shall be lucky if those waiting in line now get their GCs by the time Mr O leaves office (4 or 8 years).
If you think I am cynical , so be it. Seen Clinton , saw bush and will see Mr O.
Nothing against Obama.
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