gc28262
04-11 09:03 PM
Thanks for your reply. I appreciate your question. Let me explain you in details.
I am not sure about Mexican illegals but I can tell about Indian.
Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.
I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.
My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!
I remember Mahatma Ganghi's quotes:
" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,
Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.
Here is a USCIS memo regarding 245(i)
http://www.uscis.gov/files/pressrelease/245i.pdf
Relevant portion:
"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."
On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?
I am not sure about Mexican illegals but I can tell about Indian.
Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.
I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.
My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!
I remember Mahatma Ganghi's quotes:
" I can wait 100 years for freedom but don't want it through violent route"
khodalmd,
Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.
Here is a USCIS memo regarding 245(i)
http://www.uscis.gov/files/pressrelease/245i.pdf
Relevant portion:
"Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."
On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?
wallpaper Osama bin Laden wants you
eb3retro
08-17 01:31 PM
As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.
If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.
You have no idea how dates will progress,so to reiterate once again just chill!
Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..
If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.
You have no idea how dates will progress,so to reiterate once again just chill!
Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..
actaccord
02-07 03:58 PM
donate 25000 Hilton points (accumulated for future vacation use but this is more important :-) ) , worth one night stay close to DC (10miles) or two night stay (25 miles from DC). This stay can be shared by 2 or 3 ppls. Also, I can take care of picking you from hotel to DC and back to hotel.
2011 Bush is called before
widad2020
01-16 04:37 PM
Good one man. I can see myself while reading your story.
more...
NKR
10-16 03:24 PM
So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
mheggade
07-18 04:17 PM
I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
more...
spicy_guy
07-12 04:27 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D
Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D
2010 to Usama Bin Laden#39;s Death
imneedy
10-15 07:53 PM
printed mine .. will post tomorrow!
10/16 - Posted
10/16 - Posted
more...
actaccord
02-25 09:19 AM
.
hair Bush and Osama Bin Laden.
pkak
07-13 01:16 AM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.
Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.
Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.
more...
dilvahabilyeha
06-18 02:23 PM
Hi friends,
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
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transpass
04-09 10:20 PM
This is an "Ouch..." visa bulletin.
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...
However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.
EB1 used up all its numbers last year and we dont know what will happen this year.
EB2 ROW usage looks low, but then again no movement in EB2 India...
Patience and persistence....
Good Luck to all of us.
Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...
more...
house osama bin laden and george
eb3retro
06-10 01:54 PM
may be they r special..
:D:D:D:D
You did not submit because it was ok for you. I know people who got RFE asking for employment proof.
:D:D:D:D
You did not submit because it was ok for you. I know people who got RFE asking for employment proof.
tattoo of Osama bin Laden: Bush
dakajo
12-21 10:07 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
more...
pictures Osama Bin Laden #39;was not
willgetgc2005
02-16 11:40 AM
Retrohatao,
Yes. You are right. We got to keep hammering. It is a national security Issue to let people roam for years freely. Such a security fallacy, will prop up any Senators ears.
Ofcourse, we tend to miss such genuine opportunities to raise relevant Issues....
Any idea, how we can make this an agenda and get it to the IV volunteers and office bearers ?
Yes. You are right. We got to keep hammering. It is a national security Issue to let people roam for years freely. Such a security fallacy, will prop up any Senators ears.
Ofcourse, we tend to miss such genuine opportunities to raise relevant Issues....
Any idea, how we can make this an agenda and get it to the IV volunteers and office bearers ?
dresses Obama tops Bush on in Laden
alex99
03-17 09:37 AM
Please vote in the poll.
more...
makeup George Bush #39;invited Osama bin
prioritydate
12-20 08:42 PM
Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
girlfriend death of Osama bin Laden.
speddi
07-13 09:25 AM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
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immigrationvoice1
03-15 08:47 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
...completely
...completely
mallu
02-17 01:03 AM
.... African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.
...
A better example would have been the civil rights movement by Dr. King .
...
A better example would have been the civil rights movement by Dr. King .
theperm
03-15 05:44 PM
i know ppl woth PD late Dec 2004 still waitng .
please elaborate what ur trying to say ? or am I not catching on to something?
-no offense.
please elaborate what ur trying to say ? or am I not catching on to something?
-no offense.