delax
07-27 10:43 AM
LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.
Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.
Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).
So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.
Thanks!
Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.
I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.
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immm
07-02 09:49 AM
Sent july 28th
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
sonia_sd
02-07 08:28 PM
he is not saying he hates india, but politicians. Hope you understand plain english !
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
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man-woman-and-gc
09-15 03:50 PM
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Absolutely agree...and also please note that yes, they may replace the individual me or the individual you....but can they replace the whole immigrant population who are in the long and endless queue for a GC?
United we stand folks.....individually we may be non-existent.
Absolutely agree...and also please note that yes, they may replace the individual me or the individual you....but can they replace the whole immigrant population who are in the long and endless queue for a GC?
United we stand folks.....individually we may be non-existent.
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kshitijnt
05-10 06:34 PM
You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?
No I was not aware of the quota. Do we need to go for an immigration course before we decide to take up the job offer in 2000 and start predicting what will be the effect of quota in 2009? I am sure you also did not do that and did not know whats involved in getting a green card. You are just lucky that there is a "quota."
Nigerians can stand in the same queue that Indians and Chinese will stand in, why is there a separate queue?
Zeb
07-26 09:08 AM
but if we take rental, dont they ask why u brought rental?
Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.
Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.
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isantem
11-17 03:49 PM
Done! VA
Thanks IV
Thanks IV
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arihant
05-04 03:43 PM
I don't think having a MS degree supercedes a BS always.
How can you compare say for example a BS+10 yrs person with a kid just out of school doing MS. Doesn't jive. I think at somepoint both level off. Just merely having a MS degree doesn't mean anything without experience.
IT is not just one such field. You would find other's too. Financial aspect that you are talking is a whole different topic
You are right in your observation. But, the SKIL Bill seems to place emphasis on people with advanced degrees. So, whether you and I agree about the Bachelors + work experience part or not, the fact of the matter is that the Bill exempts people with advanced degrees from cap limits.
How can you compare say for example a BS+10 yrs person with a kid just out of school doing MS. Doesn't jive. I think at somepoint both level off. Just merely having a MS degree doesn't mean anything without experience.
IT is not just one such field. You would find other's too. Financial aspect that you are talking is a whole different topic
You are right in your observation. But, the SKIL Bill seems to place emphasis on people with advanced degrees. So, whether you and I agree about the Bachelors + work experience part or not, the fact of the matter is that the Bill exempts people with advanced degrees from cap limits.
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jindhal
09-24 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
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webm
03-28 12:29 PM
Looks like there won't be any movement in May08 VB for EB3-I/ROW based on this article...:(..
�MurthyDotCom
It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
�MurthyDotCom
The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year
-----------
EB3-I PD:0ct'01
�MurthyDotCom
It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
�MurthyDotCom
The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year
-----------
EB3-I PD:0ct'01
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rayoflight
05-19 04:30 PM
Called 3/14 the first time and was told that FP would be scheduled. Never heard so called again on 5/9 and this time was told to callback after 60 days from the initial call.
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
I spoke with one rep who said that they are processing "June 29th" applications so you have to wait for your "Biometrics Appointment". I am kinda lost on this one.
What is the best number to reach the right Customer Service department alongwith the options to reach a live person to speak with who can actually schedule the Biometrics Appointment.
Am a July 2nd Filer - Actual Application filed on Sep 10th.
Cheers,
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desi3933
07-10 02:55 PM
I
....
My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
....
My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
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senthil
08-08 11:14 AM
good luck to all & their families who have their I-485's approved lately
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fetch_gc
11-21 08:30 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
HI MEHUL,
Very sorry to hear about your situation.
I have done some research and the closest thing that I came across is as below: BUT PLEASE NOTE THAT IT IS FOR a NON-CITIZEN applying for AOS based on getting married to US CITIZEN. I think there should be some sort of WAIVER for non-immigrant derivatives category as well.
"
Waiver of joint petition requirement: If the marriage has terminated by reason of divorce, death of citizen spouse, or spousal abuse, the non-citizen spouse may apply for a waiver of the joint petition requirement.
"
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
HI MEHUL,
Very sorry to hear about your situation.
I have done some research and the closest thing that I came across is as below: BUT PLEASE NOTE THAT IT IS FOR a NON-CITIZEN applying for AOS based on getting married to US CITIZEN. I think there should be some sort of WAIVER for non-immigrant derivatives category as well.
"
Waiver of joint petition requirement: If the marriage has terminated by reason of divorce, death of citizen spouse, or spousal abuse, the non-citizen spouse may apply for a waiver of the joint petition requirement.
"
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rustum
08-29 12:01 PM
Hi,
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
My 140 is filed at NSC. RD is on 05/25/2007. 485 is reached NSC on July 27. Filed from Texas. What are the chances of getting transferred to TSC. Need EAD for wife as soon as possible.
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thomachan72
05-23 06:18 AM
SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
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snthampi
02-02 07:21 PM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
Good luck to you! I am also thinking on going back in couple of years, not because of the GC backlog, but to live rest of my life with my extended family.
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stillhopefull
08-31 12:07 PM
no receipt notice yet. Checks haven't been cashed as of this morning.
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amitjoey
07-09 04:34 PM
I sent the pdf and a write up to reporters in my local area.
kdprasad
08-13 08:01 PM
DId your checks get cashed and receipts issued.
I heard from a friend,he got a receipt but checks not cashed yet.
Same with me!!!
I heard from a friend,he got a receipt but checks not cashed yet.
Same with me!!!
ashishgour
08-28 11:41 AM
Reached application to NSC on 7/23. No checks cashed yet.
Anybody else there with 7/23 received date?
Me toooo
Anybody else there with 7/23 received date?
Me toooo
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