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pitha
01-28 10:56 AM
I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.
I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.
getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.
totally agree with this.
Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.
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Macaca
06-13 05:23 PM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D2)
feedfront
11-02 12:43 PM
RFE : Sep 10 2010,
Did you receive physical card?
Did you receive physical card?
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
more...
nixstor
07-04 09:25 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
Well, Thats what I have said before as well. Its like setting the order card flag to "yes" on 60K cases with older PD's. I do not know from where Jay Solomon got the tip off about lapse of name checks, unless they are trying to make this a big issue through all possible means. There have been stories flying around that they by passed on security checks, which I thought your original post conveyed. Most of the 485's they approved have been the one's with PD's from 2003 and 2004 initially. If there are a few from the pile that were of later PD's, I don't think its a big issue. The lack of communication and implementation/interpretation at their whims and fancies has resulted in the situation at hand for every one involved in the chain. I am very very positive that the OB's office has nothing do with this and USCIS is not worried about the postmortem conducted by OB.
dontcareanymore
07-29 01:35 PM
please let me know how to close the thread. I do not want divide IV.
Don't worry.You have no chance ...........(..........of dividing IV)
IV is ROCK SOLID :):)
.
.
.
.
.
.........
No...... Just joking.
It is already divided and you have no chance of dividing it any further. Look at EB2 Vs. EB3 posts with I am better than you attitude and EBX-I vs ROW posts.
Your thread is just a punching bag :) All had fun giving their 2 cents and this is my 2 cents.
Don't worry.You have no chance ...........(..........of dividing IV)
IV is ROCK SOLID :):)
.
.
.
.
.
.........
No...... Just joking.
It is already divided and you have no chance of dividing it any further. Look at EB2 Vs. EB3 posts with I am better than you attitude and EBX-I vs ROW posts.
Your thread is just a punching bag :) All had fun giving their 2 cents and this is my 2 cents.
more...
new_gc
12-17 03:25 PM
My labor is filed in EB3 , and i am awaiting Certification.
My PD is Nov 2007.
I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.
Any hopes??
i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....
My PD is Nov 2007.
I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.
Any hopes??
i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....
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abd
09-17 11:20 AM
Anyone received RFE letter? I've not received it yet.
In my case only attorney received in 5 days of RFE. I never got copy.
In my case only attorney received in 5 days of RFE. I never got copy.
more...
sanjay02
11-27 02:42 AM
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
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svr_76
06-10 01:15 PM
Our best bet is to partner with groups/org (hi-tech lobby) that have as members big firms that are impacted by this. This would give us a more directed approach on opposing.
I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.
As such EADs are not filed by employers and moreover are not Visa application.
I am trying to identify the group of immigrants impacted by this rule-making and was trying to highlight that the rule restricts DHS from approving visa petitions from Employers.
As such EADs are not filed by employers and moreover are not Visa application.
more...
nojoke
10-20 01:36 AM
nojoke dont get emotional. we have no bone to pick with either obama or mcccain. We are talking about who is better for eb immigrants, so either you talk about what obama can offer or has offered to eb immigrants, unfortunately you cannot because obama is anti eb immigrants, so you are spewing the democratic talking points here and changing the topic. This is not a political site please dont bring politics here and concentrate on eb policies of the candidates.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
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nixstor
07-05 02:33 PM
I found the forum by chance and didn't realize there was more to this website until a while after I signed up. On second thought look at my sign up date, I think I'll just let you old timers battle this one out.
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
I am neither taking shots at you nor pointing fingers at you. Its not about old timers or new comers. I hope it will not take for ever for you to be convinced that your favorite website needs contributions from every one
more...
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tapukakababa
07-18 10:01 AM
can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
what should we ask them for if we call, 'coz they might not have entered our file in their system yet.
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immigrant2007
07-29 10:21 AM
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
I know you are not going to like my reply...but written is a written issue. Desi consultancies and body shops have thier own issue. Infact they exploited the system and candidates to the core.
Having things documented is the best way. If a company had to play fould it can do it anytime (even on verbal). I also learned the hard way. While writing we can still refere outside lawyers (of our choice)
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
I know you are not going to like my reply...but written is a written issue. Desi consultancies and body shops have thier own issue. Infact they exploited the system and candidates to the core.
Having things documented is the best way. If a company had to play fould it can do it anytime (even on verbal). I also learned the hard way. While writing we can still refere outside lawyers (of our choice)
more...
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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qesehmk
02-11 07:31 PM
So, according to you, what happens when no action is taken for assigned visa number?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
more...
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senthil1
06-13 11:43 AM
Impact of rule 2 will be minimal and that rule will be really used not to displace
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
US workers if that is the purpose. If companies are not really displacing US workers why should they bother about this rule? This rule will certainly minimise the outsourcing by laying off people as H1b persons are required for offshore co-ordination.
Rule 3 is putting ad that is just like a Labor process in green card. It will delay h1b hiring for a month and really impact will be minimal
Those 2 rules are worth if companies can get best people in the world(that was the intention of H1b program. That is what Google and Microsoft are arguing)
With the restrictions we are getting 115 to 180k H1bs. If there is some plan for clearing backlog for gc then we can very well support CIR
Correct me if my understanding is wrong.
Hi, Senthil and Bugmenot
You said :They will allow some form of consulting and they may ban subcontracting in H1b.
Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
ex bearing point....
Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.
Impossible to be applied.
(Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).
Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.
I will show you how the merit based system have to change for EB in my next post.
Got to go...
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rajuseattle
07-15 07:14 PM
Thakurji,
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
Until yesterday you were suggesting your employer asked you to do something which you didnt agree and that forced you to quit him.
today you are changing your version suggesting you are feeling sorry you quit him earlier...what had made this sudden transformation. Anyways thats personal thing between you and your ex-employer.
Anyways we are all happy for the Happy end of this story...that your ex-employer is willing to accept you as employee once he gets you GC and he is going to answer RFE.
I dont think you need any competant attorney now, your ex-employer's attorney should be able to answer the RFE.
cheer up...!!!
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achu
06-10 05:53 PM
sent email. thanks.
jcgc
02-21 02:13 PM
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
dealsnet
08-21 11:14 PM
Nobody get any advantage from your situation. We are all very sad about your situation. Even legal IV members are forced to go home after loosing their job and after 6 years in H1B.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
You are here come not in any work visa catagory. Not even in NAFTA.
You file your I-485 at the time of July 2007 visa fiasco.
USCIS got 1 million application at that period. So they didn't made much scrutiny your application. If at normal time, you may get a fast RFE and subsequent denial.
Because of work load it was not happened. I have read all of your previous threads in IV (REGARDING FINGER PRINT ETC). Your case is diffrent with the people here.
You are ignorant regarding immigration. You have acess to comuter. Google it and get info.
You are telling about I-485 only.
YOU ARE NOT TELLING ABOUT I-140 (EMPLOYMENT BASED) OR I-130 (FAMILY BASED)
IF you are not filed I-130 or I-140 at the time or before I-485, your petition is invalid.
Except EB1, almost all EB based GC need labor process.
If your I-94 date is expired and you are not extend it or change to any visa catagory at the time of I-485 filing, you are illegal. IT IS THE HARD TRUTH.
USCIS will not adjust the status, if the petitioner is not legal at the time of I485 filing.
After I-485 filing I-94 expiry is not a problem.
Canada is next country. Why you didn't go back and come in NAFTA or other visa catagory ?
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
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