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priti8888

07-18 04:04 PM

I am still confused in regards to who whould be eligible for a visa number.

For instance (assumption:all other factors same for both A and B(name check, country etc)

Senario A
EB3
PD 2004
485 receipt date 2005

OR

Senario B
EB3
PD 2003
485 receipt date 2006

So under present circumstances when everything is current, who whould get alloted a visa number first??

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dhesha

02-23 06:16 PM

thats true, but when does the target timeframe clock start? when they receive the app or when the priority date becomes current?

I just now talked to an IO and she said that last Friday the processing dates for NSC are all wrong and its a mistake. Those will be corrected soon in couple of days.

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tikka

07-19 02:45 PM

Hi Folks,
I just contributeD $100. I am very glad to be part of IV. Keep up the good work!!
Regards,


your first post and you contributed...:)

thank you for your contribution...

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eb3_nepa

07-05 01:00 PM

3 Threads on the same issue

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pcs

07-05 01:59 PM

Good job pcs !!

I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!

Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them

Some can use following letter to email / fax.............................
......
.......


Hi ,

This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....

pl. read on...




Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.


Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.

On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.


In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.

A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.


If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.


What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date


ARE WE ASKING FOR TOO MUCH ???????????????????

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makemygc

07-06 01:01 PM

My lawyer told me that they are working on something to accept all applications which reached on july ... lets hope he is right.

Dude enough of your and your lawyer's crap. I just checked your last post. This is what you claim your lawyer said and this was posted couple of days back.

--------------------------------------------------------------------------------

I called my lawyer he said the are accepting applications which reached there before 12:15. does anybody have news like that or he just lying....

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mygc2006

01-06 02:26 PM

Guys, My PD is Aug 02 and I am still waiting for my LC approval :mad: i know a lot of guys in 2001 havent got their approval yet.

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cirigadi

09-10 05:37 PM

I just contributed another $100 from Google checkout.
Best of luck..

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farhad

08-20 02:13 AM

Unfortunately, there isn't a fast lane for nurses. If your PD is April 31, 2007, my advise to you is to monitor the monthly Visa Bulletin and once your PD becomes current, you will know that it is just a few months ahead. For now, with the current turn of events, without the fast lane for nurses, you are looking at two years of waiting.

tnx for the grade information
does it takes 2 years for I-140 to be approved?! my gush! or its included the CP? then can you tell me what is the diff between I-485 and CP? and which one is runnig faster?

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ashutrip

06-16 11:16 AM

If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101

Thanks
Champak (Same as 1 and 2)

I just did it yesterday...it Sucks....when dates are current labor is freaking stuck.....when labor will be clewared......dates may retrogress....SUCKS....
I hope the dates are current for some 2-3 months.

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digital2k

05-03 07:58 PM

This is The call
Don't miss the chance

IV and We suceeded in July, 2 Year EAD and many more ...

Pls pick up the phone and do your bit

IV is YOU and is Your Best Friend

As the CIR bill outline is getting introduced today, we all need to do our share in making our voice heard. Our issues are real and affect about a million people patiently waiting in line for past several years. We are high-skilled immigrants who have followed all the rules and contribute significantly to the innovation and economy of this county. Our strength is our grassroots efforts, so let us all call our lawmakers and ask them to take immediate action on the immigration bill.

Call your Legislators:

Immigration Voice is organizing a nationwide call-the-lawmakers drive. We request members to call each and every senator and congress member. This drive will precede the �Advocacy Day(s)� in Washington, DC and �Meet the lawmaker� drive in local districts. Members can use this phone call conversation with their local lawmaker offices to follow-up with lawmakers when they meet during the break just after the Memorial day.

Don�t miss this opportunity:

This is the perfect time to call the lawmakers. The bill needs a push via support from people like us and all lawmakers needs to be encouraged and urged to help us. There are indications that there will be lot of activity on immigration issues in both House and Senate after the Memorial day. We need to make those activities go in our favor and not die like the CIR bill in 2006 & 2007. Thus it is important to starting calling lawmakers, starting from the Senate members. In order to capitalize on this opportunity, it is very important that everyone calls every lawmaker of this country. The similar next opportunity will be in 2013. We can participate now or we will all have ourselves to blame.

When:
This campaign starts today at 4:00 PM EST on 29th April, 2010) (Today) and will run until the end of next week. All IV members are encouraged to make multiple phone calls whenever they find some time during the day.

Who:

This is the order in which we would prefer that members call. Call all the senators listed here, even if they are not from your state.

This is the list of offices where there is maximum potential to swing votes either because they are new in the US senate or because they may be reconsidering their position on CIR if the bill has stricter provisions in it.


TIER I: LIST OF KEY SENATORS FOR CIR

Senator Scott Brown (R-Massachusetts)
(202) 224-4543 begin_of_the_skype_highlighting**************(202) 224-4543******end_of_the_skype_highlighting

Senator Judd Gregg (R-New Hampshire)
(202) 224-3324

Senator Richard Lugar (R-Indiana)
(202) 224-4814

Senator Michael Enzi (R-Wyoming)
(202) 224-3424

Senator Lindsey Graham (R-South Carolina)
(202) 224-5972

Senator John Ensign (R-Nevada)
(202) 224-6244

Senator Orin Hatch (R-Utah)
(202) 224-5251

Senator John Cornyn (R-Texas)
(202) 224-2934

Senator John Kyl (R-Texas)
(202) 224-4521

Senator Mitch Mcconnell (R-Kentuky)
(202) 224-2541

Senator Amy Klobuchar (D-Minnesota)
(202) 224-3244

Senator Claire McCaskill (D-Missouri)
(202) 224-6154

Senator Jon Tester (D-Montana)
(202) 224-2644

Senator Jim Webb (D-Virginia)
(202) 224-4024

Senator Sheldon Whitehouse (D-Rhode Island)
(202) 224-2921



What you could say to the Senator offices listed above:

When you call:
Be courteous. Tell the lawmaker office that:

--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.

I am calling to express my support for the high skilled provisions to resolve the current green card backlogs of the doctors, engineers, research scientist and professors etc. This group of highly skilled immigrants stimulates every part of the economy participating in creating economic prosperity, innovation and entrepreneurship for creating more jobs in America.

I strongly urge the Senator to please support this bill. If it is possible, could you please share the position of the Senator on the Comprehensive Immigration Reform bill?

Thank you and I am counting on the Senator�s support for this very important bill of national priority. Please convey regards to the Senator.
--------------------------------------------
If you belong to the constituency (State) of the lawmaker, then tell them that you belong to their district/state and are calling to seek their help. If you are talking to a Senator office then tell them you are anxiously waiting for a Senators support for the immigration bill.

- Then ask: What is the lawmaker�s position on this bill/issue for you? If the position is
- Supportive: Then thank the lawmaker office for it.

- If they oppose it: Then request them to support the high skilled green card provisions of the bill that will greatly help you. You sincerely hope that the lawmaker will reconsider his/her position and help you.

- Be polite and persuasive in your message.

Question What if some Senators say they do not support amnesty. -

Answer "For last 10 years there has been no High-skilled immigration bill passed by the Congress. The world has changed in last 10 years. I understand that the Senator is a champion for creating more jobs in America. Employment based green cards will create jobs in America. I want to start my own company and hire people in America. But I cannot do that if I don't have a green card.

I would sincerely request you to please convey to the Senator if he would consider supporting some version of the immigration bill
giving more weight to green cards and creating jobs in America, or maybe the Senator could lead the effort for improving the proposal"





TIER II: LIST OF KEY SENATORS SPONSORING OR CO-SPONSORING CIR BILL

Senate Majority Leader Harry Reid (Nevada)
(202) 224-3542

Senator Dick Durbin (Illinois)
(202) 224-2152

Senator Chuck Schumer (New York)
(202) 224-6542

Senator Patrick Leahy (Vermont)
(202) 224-4242

Senator Dianne Feinstein (California)
(202) 224-3841

Senator Bob Menendez (New Jersey)
(202) 224-4744

Sen. Ben Cardin (Maryland)
(202) 224-4524

What:

When you call:
Be courteous. Tell the lawmaker office that:
--------------------------------------------
I am a high skilled immigrant and a member of Immigration Voice. I fully support the proposed comprehensive immigration reform bill due to be introduced later in the day today.

Thank you for the Senator�s leadership on this very important issue of immigration. Please convey my gratitude, full support and regards to the Senator.
--------------------------------------------

- Be polite and persuasive in your message.

Stick to the message and you will really make a big difference.

Please post the outcome of your call on this thread. For more information please contact IV.

Thank You,

Immigration Voice

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gccube

07-18 07:10 PM

Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.

what happens when dates retrogress? If my PD is 2000 Jan (assume) and some one else has 2001 Jan (assume) with RDs July/2007 and Mar/2007 respectively and in August 2007 PD cut off date went back to 2000 Feb (assume) then does it mean that 2000 Jan PD is ineligible to get the adjudication before the guy with PD 2001 Jan because the RD is later for this case? Again if the answer to this question is yes then ,when the PD is set at 2000 Feb why are they accepting new AOS apps which satisfy this PD cutoff date because if they process by RD(at all times) they are not likely to consider these for adjudication anyway? Is it just for our benifit that we can get an EAD? If I go down this path I donot understand the purpose of the whole PD in this process.

The thing I am trying to understand is 'if PD is not significant in AOS why is it there at all in the visa bulletin'. If RD overrides the PD at the AOS stage then instead of specifying a PD in the Visa bulletin they can just say that

"We are accepting new AOS applications" and then adjudicate them in the order of the RD.


These are all just my thoughts and am trying to put them together. I may very well be wrong in my basic understanding of this process. Thank you for your previous reply. That was helpful.

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Napoleon

03-11 01:25 AM

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
as per this document, you can port to yourself. (Question #8)

But below are the reasons why I am backing off of opening an LLC on spouse name and porting to that.

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=8231099851

also google 'UntanglingSkein_BIB_15jan07.pdf"
http://www.morganlewis.com/pubs/UntanglingSkein_BIB_15jan07.pdf

"This suggests, fairly clearly, that any communication to the USCIS per the Cronin Memo that the adjustment applicant intends to become self-employed is likely to trigger an RFE to inquire into the legitimacy of this arrangement. Legitimacy in this context is likely to be gauged by the concrete steps the beneficiary has taken in furtherance of the self-employment arrangement, understanding that only full-time and permanent employment will suffice for immigration purposes. Such steps would include the completion of legal and corporate formalities, the securing of financing, the purchase or lease of business premises and equipment,the development of a detailed business plan, the hiring of employees, and any other measures typically taken in the establishment of a business. Vague aspirational statements, however ambitious, about future plans to develop a business are unlikely, in the absence of tangible proof, to be accepted as probative of the requisite legitimacy of the self-employer and job offer."

Also, one relevant footnote in the document -

"At the AILA National Conference in 2003, a USCIS officer indicated that an attempt to invoke �106(c) in a selfemployment context is likely to raise �a big red flag� for an adjudicator, and that self-employment may be viewed as �an easy alternative� for aliens who are unable to find employment to sustain their adjustment-of-status applications. Schorr & Yale-Loehr, supra note 2, at 499. It should also be noted that the Memos view the possibility of an adjustment applicant becoming a public charge (and thus being inadmissible under INA �212(a)(4)) as being �a relevant inquiry� and that an RFE requesting information about a self-employment arrangement is likely to probe whether or not the applicant has sufficient financial resources to avoid becoming such a public charge."
Question #3 and #4 should conclude this discussion.

Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?

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gc_on_demand

12-10 04:38 PM

HOW IS THE PER-COUNTRY LIMIT CALCULATED?

Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

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JunRN

09-29 01:29 AM

If USCIS waste another 11,000 visas this year...it is equivalent to one year visas for one country (9,800 EB visas per country per year)....can you imagine that?

The problem is compounded because applicants who supposedly got the visa this year would get the visa allocation from FY2008. That visa number could have been yours....or mine....

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greensignal

12-28 12:30 PM

Hi Guys, Even my receipt date for AP is October 12th but status is still pending.

However, I got 2 soft LUD's on my I140 & I485 on 12/26/07 & 12/27/07. Can I expect my I140 approval????

Hoping for the best......

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hsd31

09-01 01:33 PM

kalinga_sena case seems to be the worst.

Besides kalinga_sena and me, looks like gclabor07 and mgmanoj have also been in the US 10+ years and still don't have an EAD. That will be an interesting poll too: 10+ years in the US and still no EAD.

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nivasch

03-09 05:07 PM

From Visa bulletin for Schedule A Workers (Q..)

===============================
Schedule A Workers: Employment First, Second, and Third preference Schedule A applicants are entitled to up to 50,000 �recaptured� numbers.
=======================
So from now on words those 50k can be use for us?:confused:
-----------------------
EB3_NEPA, I'm pretty sure that's how it works. They first use the regular EB3 numbers available.

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praky

09-11 10:27 PM

Absolutely , Do you have the address and responsible person for DOL,NSC,TSC? I just want to modify the letter and want to seek each ones responsibilty.

Lets get together folks and try to get some answers from DOL and USCIS , dont sit back and relax ..Its for every one ...lets get some thing kicked off

Stop Worrying ...Stop Talking ...Start Doing ...

Some may be worried to reveal identity ordering online ..lets buy 14 math books from local book store(or dollar store) and send 5 books to USCIS , 5 to DOL , 2 to TSC , 2 to NSC with name " GC aspirant from India or China" ...what do you guys think ? shall we kick this off this week end with differnt message to each one of them involved ?
Thatz very cool... I'm in for this. Will send the books to USCIS n DOS folks.

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DDLMODES

07-06 10:42 AM

Check OH Law Firm post.
I'm afraid that the fire has alerady started.

With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....

Just what we needed ...
:(

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HV000

07-23 11:52 AM

Show me the law that says they MUST use 140,000. Sadly, I think you're wrong.

Well, the law says to issue 140,000 visas for Employment based immigration!!
The issue is USCIS that did not utilize those numbers when there was a HUGH BACKLOG!!

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