chmur
07-27 01:21 PM
EB3 I issue being debated now is something we wish we could have but has not much logical ground,in my understanding. July issue is to do with flip flop of USCIS. IV didn't protest to make all current. Just made them not retract what USCIS/DOS said a month back.
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
2 year EAD is also for the whole community including future filers.
Clarify one thing for me. How this new rule that is helping EB2-I is impacting EB3-I. Based on what I understand, EB3 World is directly impacted by this change. Can you help me understand how EB3 -I is impacted?
Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.
The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.
IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.
So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.
Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??
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eastindia
09-23 12:36 PM
A lawyer posted this on his website
Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions � Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
Visa Bulletin Predictions � Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions � Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months� visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months � by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins � perhaps by one or two weeks at a time.
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.
Visa Bulletin Predictions � Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim�s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
i99
09-25 03:57 PM
I140 or H1-B is another story, but, I485 is solely your application. You are entitled to talk to the attorney who sent your application (and put his/her name as a contact to USCIS) BY LAW. For I485 he/she is representing you, thus have to reply to your inquiries. It might even be ILLEGAL for the attorney to give info about your I485 to your employer.
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.
Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.
Sub. Labor - Priority date aug 5th 2004.
i140 approved.
485 package sent on 2nd july. i dont know when/whether they receieved it.
My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....
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sts_seeker
02-05 02:20 PM
Hi All,
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.
I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)
Thanks
Sts_seeker
more...
deba
12-11 08:11 PM
Mehul, I sent you a pm. Please check. God bless.
mwin
08-28 01:41 PM
Looks like they are processing EAD and AP (in the mail room itself:) ) along with receipts. No point in touching the same application twice or thrice. If you get a receipt then you should also get EAD and AP:):).
It's very frustrating.. TSC is sitting on our application or what? Approx 30K application are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad::mad::mad:
It will approx 60 days since filing and still waiting for Receipt. What a heck..
It's very frustrating.. TSC is sitting on our application or what? Approx 30K application are there for July 2nd filer including NSC->TSC transfer(per old NYT report). We see reporting of 1 or 2 receipting a day then few quite days. :mad::mad::mad:
It will approx 60 days since filing and still waiting for Receipt. What a heck..
more...
priderock
05-11 04:09 PM
i was feeling a lil down too for the last cupl of days...responding to some of those posters/reading their comments on alipac really brought me down.
however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting
http://boards.immigrationportal.com/showthread.php?t=247589
Could'nt resist reading whole thread....
Oh BTW , Did I tell you guys that I am CEO of a fortune 100 company , but spend time on these forums to kill some time. :D :D :D And I will delete all my posts if any one offends me :) :) :)
PS: You don't get the joke unless you have gone through that thread...
however i m feeling better now seeing the drama on immigration portal june visa bulletin thread...not that i am a drama monger.. but seeing drama between two professionals really spices things up.. why else are boxing and wwf interesting
http://boards.immigrationportal.com/showthread.php?t=247589
Could'nt resist reading whole thread....
Oh BTW , Did I tell you guys that I am CEO of a fortune 100 company , but spend time on these forums to kill some time. :D :D :D And I will delete all my posts if any one offends me :) :) :)
PS: You don't get the joke unless you have gone through that thread...
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royus77
07-08 10:07 AM
if there are more than 200 people then weekend works too, it will get coverage, but otherwise anything in DC must happen beginning of the week. Senators congressmen usually leave town Thursday night. So if the intent is to show tourists or if the intent is to show lawmakers is what we need to decide. If the numbers are high on a weekend, then automatically there will be press coverage. Somebody needs to prepare press statements and so on. It not about convenience more than needs, lets weigh in how many people can we get to participate first, firmly.
I agree weekend we can get max participation . Also keep an eye on weather ( we dont want rain/t-stroms) and parking .
Can we move the discussion to the thread created for the DC rally .
I agree weekend we can get max participation . Also keep an eye on weather ( we dont want rain/t-stroms) and parking .
Can we move the discussion to the thread created for the DC rally .
more...
kshitijnt
07-09 02:02 PM
Dear Friend:
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
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ghost
02-21 09:07 AM
I have signed up for recurring donations and still don't have access to lot of Forums
At the risk of being repetitive - have you sent a email to IV (or sent a private message to "Starsun") with your transaction details of the recurring donations? If not, please do so. If you've already done so then please send a follow-up note. It typically takes a week from your original email. If nothing worked, please pick up the phone and call them up directly.
At the risk of being repetitive - have you sent a email to IV (or sent a private message to "Starsun") with your transaction details of the recurring donations? If not, please do so. If you've already done so then please send a follow-up note. It typically takes a week from your original email. If nothing worked, please pick up the phone and call them up directly.
more...
cram
06-12 11:00 AM
Originally Posted by cram
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
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ravi.shah
02-14 12:22 PM
Contributed $50.
Just became a proud IV Recurring Donor !
Folks, please contribute NOW. Please dont wait till April...
Thank you.
Just became a proud IV Recurring Donor !
Folks, please contribute NOW. Please dont wait till April...
Thank you.
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akambh01
12-03 05:11 PM
I am sorry to hear your situation.You will Survive Mehul. dont loose the hope. I strongly believe this time for some reason my sixth sense is telling me that you will survive...please dont loose the hope please
Thanks
Ajay
Thanks
Ajay
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abhijitp
12-18 05:33 PM
Some of my cousins and friends who are just leaving college (even the prestigious IIT's) are unwilling to come to the US.
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
If they do come here, they are reluctant to go after the "GC". They want to wait for a few years, and would embark upon the journey only if there are any "fixes" in the EB GC system.
If not, there are several developed countries that take point based immigrant visa applications and give you a decision in a year or two.
Most of these young friends have already made plans to apply to these countries. Those who qualify have already applied. In one case, a friend whose H1B did not go through last year, immigrated to Australia. (Both he and his wife also found a job in less than a month.)
2, I can appreciate your position. You have already spent several years here, and yet no decision in the sight. If possible, you could still create a fall-back option like Canada/UK/Australia. A PR in these countries might give us easier access come back to the USA later (although not permanently).
more...
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
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ram_nara303
11-17 03:44 PM
Done for VA
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
Senator Mark R. Warner (D-VA)
Senator Jim Webb (D-VA)
Representative Frank R. Wolf (R-VA 10th)
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chanduv23
07-08 09:35 AM
Folks have you noticed the options on dice when you have to fill up your profile. makes you choose if you are EAD or GC or Citizen or h1b or any other. Now, does it not create a situation where employers can filter you?
In all other websites like Monster, hotjobs etc... the choices are
(1) Authorized to work for any employer
(2) Authorized to work for currrent employer
.....
.....
which makes more sense.
Has anyone noticed this?
In all other websites like Monster, hotjobs etc... the choices are
(1) Authorized to work for any employer
(2) Authorized to work for currrent employer
.....
.....
which makes more sense.
Has anyone noticed this?
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kumar1
06-26 12:14 PM
You stole words from my mouth. Do not tell them that you have EAD.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
The trick is to say that you have unrestricted work authorization, i.e., can work for any employer without needing additional sponsorship. Stating that you have an EAD may be confusing to some and they may just take the easy way out by not pursuing further, or, wilfully rejecting to avoid any kind of complications later on that could jeopardize the specific project by suddennly being unable to work.
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nk2006
09-16 06:21 PM
I know this might have been discussed but when is the RD if the application is moved (by uscis) from NSC to TSC?
My I140 was approved by TSC sometime back. My 485/EAD/AP were sent to NSC in first/second week of July. Finally got the receipt last week. The receipt says that my application is received on Sept 5th - which is not true (it was sent in JULY); based on this notice it seems they are recording the RD as the day when they enter the application details in their system and not the day when it is actually physically received by them.
I thought its other way round based on FAQ. Am I missing something? is it worth calling them on this? Thanks.
NOTE: see you all on DC rally day.
My I140 was approved by TSC sometime back. My 485/EAD/AP were sent to NSC in first/second week of July. Finally got the receipt last week. The receipt says that my application is received on Sept 5th - which is not true (it was sent in JULY); based on this notice it seems they are recording the RD as the day when they enter the application details in their system and not the day when it is actually physically received by them.
I thought its other way round based on FAQ. Am I missing something? is it worth calling them on this? Thanks.
NOTE: see you all on DC rally day.
lotres
11-21 03:29 PM
Dear Mehul,
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
mrajatish
05-01 09:41 AM
Yes, Any idea on when this bill come on the floor?
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