xyzgc
10-23 03:09 PM
After waiting in limbo for so long....even an RFE sounds like sweet news :) . I am hoping its about something simple like Employment verification or something (My company is Fortune 100 , so I don't think it would be about ability to pay). And hoping there are no other delays on the way (like Namecheck etc)
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
So at last they opened my case. I hope the RFE gets resolved soon, before the dates retrogress or become 'U'. As of now my PD is current in Nov as well. So crossing my fingers!
I hope that other EB3-I cases stuck in 2001/2002 will start getting picked up soon as well and approved. All the best to you all.
Is your NC cleared? If yes, shouldn't you have received your gc in early 2007 itself before July 07 messed up EB3?
Even if its not cleared, you would have surely crossed 180-day barrier, yes?
I'm not EB3 but if you can post updates in this thread related to your case, it would satisfy some of my curiosity.
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rustamehind
08-10 10:33 AM
don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
jumping the line part i understood. but the first part of your quote is not true...
You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.
jumping the line part i understood. but the first part of your quote is not true...
You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.
stirfries
08-19 07:29 PM
21 minutes since I posted the above Thread.
58 Views in 21 minutes.
0 Response.
I guess, we all are ACTIVE viewers !!! (Including ME) :)
58 Views in 21 minutes.
0 Response.
I guess, we all are ACTIVE viewers !!! (Including ME) :)
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vbkris77
11-26 06:34 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
more...
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
anai
07-19 02:28 PM
Could you please post the correct link? This one is not working. I wanted to check about the initial evidence
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
(Have updated my original post with this link. Thanks for pointing out.)
more...
aj_jadeja
04-01 07:20 PM
done . Sent 2 faxes.
aj
aj
2010 March 2012 Calendar Printable
MightyIndian
11-29 11:41 AM
Details in my signature.
more...
alterego
09-15 02:00 PM
India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....
http://www.npr.org/templates/story/story.php?storyId=6069745
http://www.npr.org/templates/story/story.php?storyId=6069745
hair 2012 Calendar. JANUARY
meridiani.planum
12-19 11:28 AM
How long does it usually take USCIS to accept the MTR. I am assuming if it's less than 6 months then we don't have to worry about being out of status?
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
more...
aspiration
07-08 12:23 PM
I am not getting...
hot See other July 2012 Calendars
Ram_C
11-09 02:12 PM
Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's
this might not be true, because I personally know about 7/8 applicants with PD of 2007 (I-140 pending) and received thier FP notices.
this might not be true, because I personally know about 7/8 applicants with PD of 2007 (I-140 pending) and received thier FP notices.
more...
house April 2012 Calendar Printable
dineshksharma
07-13 04:54 PM
congratulations..truly inspirational.. how did you acquire such phenominal emotional stamina?
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
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looneytunezez
06-02 02:23 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
done.
http://www.opencongress.org/bill/111-s1085/show
done.
more...
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gjoe
08-29 09:25 AM
I didn�t want to go to DC rally due to my surgery appointment (September 6th) because I can not fly for three weeks after the surgery.
Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.
I also urge people to take a day off and attend the rally.
You are the man !!. You are leading by setting an example for others to follow. My prayers and good wishes for your travel and your surgery later on.
Guess what?, I have postponed my surgery appointment date, booked tickets and going to DC rally on Monday evening and flying back on Tuesday night.
I also urge people to take a day off and attend the rally.
You are the man !!. You are leading by setting an example for others to follow. My prayers and good wishes for your travel and your surgery later on.
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Ram_C
11-09 01:18 PM
anyone of you see a pattern here with this FP notice delay??
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
or USCIS is still claiming its consistency in being inconsistent :rolleyes:
more...
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thomachan72
04-29 02:21 PM
And who is India fighting with??
Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....
Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....
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scelamko
12-03 04:49 PM
I called the customer service # on 11/04 and the guy told me that he is sending email reguest for my FP and I got FP notice (my attorney's office also got one) on 11/13. Hope this helps.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
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GCBy3000
07-26 04:56 PM
At least you have nine more fingers in your hand. But the poor keyboard / laptop has only one F5.
By the way, I work for a insurance company and we have customer service dept. Once one of our client called and said she is having some issues with our website. The customer service rep could not resolve the case so she conferenced me in. I asked the client to press F5 to refresh the browser. She said her browser was not refreshed even after pressing F5. After serveral minutes I realized that she was pressing F and then 5 seperately. The story continued with that client for several minutes and I accepted my defeat at the end.
Another time when I called the charter company for some cable issue, they asked what OS I have. I replied I have windows on my PC and they did not understand. So she asked "Do you have windows or PC?". I said "I have windows on my PC". I thought she is funny. But when I went to the charter site for cable connection registration, they had similar question in their website too. Then I realized, in US windows = OS from microsoft and PC= MAC.
Man u guys are faaaaaaaaaaaast!!!!
BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!
By the way, I work for a insurance company and we have customer service dept. Once one of our client called and said she is having some issues with our website. The customer service rep could not resolve the case so she conferenced me in. I asked the client to press F5 to refresh the browser. She said her browser was not refreshed even after pressing F5. After serveral minutes I realized that she was pressing F and then 5 seperately. The story continued with that client for several minutes and I accepted my defeat at the end.
Another time when I called the charter company for some cable issue, they asked what OS I have. I replied I have windows on my PC and they did not understand. So she asked "Do you have windows or PC?". I said "I have windows on my PC". I thought she is funny. But when I went to the charter site for cable connection registration, they had similar question in their website too. Then I realized, in US windows = OS from microsoft and PC= MAC.
Man u guys are faaaaaaaaaaaast!!!!
BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!
sheela
02-21 03:17 PM
Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money
golgappas
04-01 03:35 PM
Fax sent by Superape, Leena, Nikhil and I
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