Ramba
08-21 12:46 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
This was the law till 2000 (vertical spill over). After 2000, because of AC21, the INA got changed to horizontal spillover. This means each employment catagories are seperatly free from country quota if demand is less than supply in each catagory. If you analyze word by word in the language of the AC21 act, you will understand. Unfortunally (fortunatly for EB3) DOS has not interpreted the law correctly till 2006. Now they are interpreting correctly.
5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- 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.
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desi3933
08-07 01:57 PM
I thought I will give you a green but this handful of people couldn�t stomach what I said and spoilt my reputation so much that I cannot give you a green until my reputation goes up�
Check your PM.
Thanks for your support.
Check your PM.
Thanks for your support.
delhiguy79
10-17 03:13 PM
My 140 and 485s (with my wife as derivative )are from Nebraska and have a set of A#s,
again My wife's 140 and 485s (with me as derivative ) are from Texas and have a different set of A#s..
how to combine them and make uscis inform abt it???
Anybody any thoughts !!!
again My wife's 140 and 485s (with me as derivative ) are from Texas and have a different set of A#s..
how to combine them and make uscis inform abt it???
Anybody any thoughts !!!
2011 war of the worlds tripod toys.
WaldenPond
01-02 01:43 PM
Hello Leo,
Welcome to the forum. Glad to see that you are able to post messages.
Your input and suggestions are excellent. IV (Immigration Voice) is working on the exact things you pointed very clearly. We will together make the difference with the upcoming bill. IV is today 5 days old. I think IV has made very good progress in last 5 days given the fact that most people are in holidaying mood and not paying much attention. But there is a long way to go. I would urge you to please actively participate in discussions and other activities to spread the word around to your friends and family with the request that they as well send the same message to their friends. You could help by posting the flyer in the attached file in places like Indian/Chinese/Philipino stores/restaurants/other meeting places and request your friends to do the same. This is the first step towards creating awareness to bring everybody facing this problem on common platform.
I agree 100% that misinformation, stereotyping, unorganized campaign with hastily typed faxes/messages by individuals hurt us in S1932. There were a lot of motivated individuals but most of us were not unable to create a concrete strategy to make the dent in S1932 as there was not platform to join hands. We are all on H1s/EADs and facing severe problems due to retrogression. We are all learning as this campaign is picking up steam. The idea is to be more organized. We have received personal emails and phone calls from lot of motivated individuals spread all around the county. All of these individuals want to see solution to retrogression issue. We need more individuals to come forward to actively participate for this cause.
Please continue to provide your input and contribution for this cause. Please invite more individuals to participate on this forum. We are a very young organization and maybe after 6 months, once all this is over for good, we will look back and thank individuals like yourself who�s encouraging words and support are so important for the success of this cause.
-WP
Welcome to the forum. Glad to see that you are able to post messages.
Your input and suggestions are excellent. IV (Immigration Voice) is working on the exact things you pointed very clearly. We will together make the difference with the upcoming bill. IV is today 5 days old. I think IV has made very good progress in last 5 days given the fact that most people are in holidaying mood and not paying much attention. But there is a long way to go. I would urge you to please actively participate in discussions and other activities to spread the word around to your friends and family with the request that they as well send the same message to their friends. You could help by posting the flyer in the attached file in places like Indian/Chinese/Philipino stores/restaurants/other meeting places and request your friends to do the same. This is the first step towards creating awareness to bring everybody facing this problem on common platform.
I agree 100% that misinformation, stereotyping, unorganized campaign with hastily typed faxes/messages by individuals hurt us in S1932. There were a lot of motivated individuals but most of us were not unable to create a concrete strategy to make the dent in S1932 as there was not platform to join hands. We are all on H1s/EADs and facing severe problems due to retrogression. We are all learning as this campaign is picking up steam. The idea is to be more organized. We have received personal emails and phone calls from lot of motivated individuals spread all around the county. All of these individuals want to see solution to retrogression issue. We need more individuals to come forward to actively participate for this cause.
Please continue to provide your input and contribution for this cause. Please invite more individuals to participate on this forum. We are a very young organization and maybe after 6 months, once all this is over for good, we will look back and thank individuals like yourself who�s encouraging words and support are so important for the success of this cause.
-WP
more...
needhelp!
01-11 03:25 PM
So thats just somebody's interpretation of letter campaign. Perhaps one of the enthusiasts over here should post something over there differentiating the goals of the letter campaign from illegal immigration along with all the arguments posted here and explain that their interpretation is incorrect.
Why not take it upon yourself to help out?
Why not take it upon yourself to help out?
gc_on_demand
09-11 01:01 PM
Hearing is next week and we have enough time to call. Guys please make a 30 mins to call..
more...
pappu
04-24 07:05 PM
http://immigrationvoice.org/forum/search.php?searchid=1611042
2010 “War of the Worlds” Tripod
vivek_ut
06-21 11:43 PM
Hi,
I have an approved I-140 (EB2 PD Jun-06) for a 'software engineering' related position. I recently moved to a 'product marketing' role within my company and was told that we would need to refile my PERM since this move constitutes a material change. Is this true?
1). Will I be able to retain my original PD of Jun-06 if we were to file for a 'marketing position'? Or would this be only possible if I needed to refile for a 'software engineering' or similar role?
2). Is there any way I can benefit from EB2 becoming current in July given that I have an approved engineering I-140 despite the fact that I have moved to marketing? (By the time I refile a new marketing PERM, I suspect retrogression will be back in effect)
3). My H1B was recently extended by 3 years (I complete 6 years in a few days) based on my 'engineering' approved I-140. They also filed an adjustment of my job duties to reflect my marketing role. I will visit Calgary, Canada next week (June) to renew my H1B stamp. Any chance that I might have problems during my interview since my 'engineering' I-140 is really not any more use since I moved to marketing? I'm just concerned that there might be problems since the 3 year extension is approved based on an 'engineering' I-140 and now I am no longer in an engineering role? Am I being paranoid :)
Thanks!
I have an approved I-140 (EB2 PD Jun-06) for a 'software engineering' related position. I recently moved to a 'product marketing' role within my company and was told that we would need to refile my PERM since this move constitutes a material change. Is this true?
1). Will I be able to retain my original PD of Jun-06 if we were to file for a 'marketing position'? Or would this be only possible if I needed to refile for a 'software engineering' or similar role?
2). Is there any way I can benefit from EB2 becoming current in July given that I have an approved engineering I-140 despite the fact that I have moved to marketing? (By the time I refile a new marketing PERM, I suspect retrogression will be back in effect)
3). My H1B was recently extended by 3 years (I complete 6 years in a few days) based on my 'engineering' approved I-140. They also filed an adjustment of my job duties to reflect my marketing role. I will visit Calgary, Canada next week (June) to renew my H1B stamp. Any chance that I might have problems during my interview since my 'engineering' I-140 is really not any more use since I moved to marketing? I'm just concerned that there might be problems since the 3 year extension is approved based on an 'engineering' I-140 and now I am no longer in an engineering role? Am I being paranoid :)
Thanks!
more...
SunnySurya
08-07 10:49 AM
Here are the list of divisions we have
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
hair war of the worlds tripod: A
sheela
09-27 06:06 PM
PD has no effect on filing a civil action as visa bulleting is changing every month. My friend in Oregon got I-485 approval after filing Wom even though his PD is not current on the latest visa bulletin.
I thought uscis generally followed 'first-in-first-out' rule. That is one reason I-485 receipt notices never show PD. Am I right?
I thought uscis generally followed 'first-in-first-out' rule. That is one reason I-485 receipt notices never show PD. Am I right?
more...
CADude
09-21 01:31 PM
See if you can find the director GERALD HEINAUER @ NSC or any senior executive. I will give a call and demand answers.
Not sure which one?
Barrett, Joe & Nicky
8011 South St
Lincoln, NE 68506-6535
(402) 486-0720
Barrett, Joel
6142 NW Seventh St
Lincoln, NE 68521-3757
(402) 476-9775
Not sure which one?
Barrett, Joe & Nicky
8011 South St
Lincoln, NE 68506-6535
(402) 486-0720
Barrett, Joel
6142 NW Seventh St
Lincoln, NE 68521-3757
(402) 476-9775
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vivek_ut
06-21 11:43 PM
Hi,
I have an approved I-140 (EB2 PD Jun-06) for a 'software engineering' related position. I recently moved to a 'product marketing' role within my company and was told that we would need to refile my PERM since this move constitutes a material change. Is this true?
1). Will I be able to retain my original PD of Jun-06 if we were to file for a 'marketing position'? Or would this be only possible if I needed to refile for a 'software engineering' or similar role?
2). Is there any way I can benefit from EB2 becoming current in July given that I have an approved engineering I-140 despite the fact that I have moved to marketing? (By the time I refile a new marketing PERM, I suspect retrogression will be back in effect)
3). My H1B was recently extended by 3 years (I complete 6 years in a few days) based on my 'engineering' approved I-140. They also filed an adjustment of my job duties to reflect my marketing role. I will visit Calgary, Canada next week (June) to renew my H1B stamp. Any chance that I might have problems during my interview since my 'engineering' I-140 is really not any more use since I moved to marketing? I'm just concerned that there might be problems since the 3 year extension is approved based on an 'engineering' I-140 and now I am no longer in an engineering role? Am I being paranoid :)
Thanks!
I have an approved I-140 (EB2 PD Jun-06) for a 'software engineering' related position. I recently moved to a 'product marketing' role within my company and was told that we would need to refile my PERM since this move constitutes a material change. Is this true?
1). Will I be able to retain my original PD of Jun-06 if we were to file for a 'marketing position'? Or would this be only possible if I needed to refile for a 'software engineering' or similar role?
2). Is there any way I can benefit from EB2 becoming current in July given that I have an approved engineering I-140 despite the fact that I have moved to marketing? (By the time I refile a new marketing PERM, I suspect retrogression will be back in effect)
3). My H1B was recently extended by 3 years (I complete 6 years in a few days) based on my 'engineering' approved I-140. They also filed an adjustment of my job duties to reflect my marketing role. I will visit Calgary, Canada next week (June) to renew my H1B stamp. Any chance that I might have problems during my interview since my 'engineering' I-140 is really not any more use since I moved to marketing? I'm just concerned that there might be problems since the 3 year extension is approved based on an 'engineering' I-140 and now I am no longer in an engineering role? Am I being paranoid :)
Thanks!
more...
house worlds tripod toys. war of
gc_on_demand
04-01 01:21 PM
I would not trust the lawyers in any of this, because their analysis will be superficial and not even close compared to what we see here. We have around 4-5 different folks here doing some really good sound analysis, so unless it's a lawyer known to historically make accurate predictions, I wouldn't care less about their say.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
Lawyer is sharing info that some of their client have got fee invoice from NVC. I have done family based application through NVC for my parents and I know you get fees invoice almost 4 months prior to your GC interview date. So lawyer is thinking that NVC is thinking to go upto Nov 2007 in case if CIS fails to act on enough cases in last months.
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SunnySurya
08-07 12:40 PM
No I am not!
NOW, aren't you ashamed about your sorry job....
NOW, aren't you ashamed about your sorry job....
more...
pictures “War of the Worlds” Tripod
nixstor
06-15 01:27 PM
I shopped around yesterday for lawyers coz I wanted to fire my lawyer (my company's lawyer) and get my own.
Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.
Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.
There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.
Very true. If people can file for EAD & AP, Why not 485? Its no rocket science. All that we need is a correct list of documents and letter(s) needed from our employer. Here is what I found so far reading 485 form
1) If we have an approved 140 petition, we do not need to provide a copy of the labor certificate.
2) We need to submit the labor cert if we have an I 140 pending.
3) We need an employment letter from our employer stating that the job is still available and the salary to be paid.
4) No need for G-28 for any form that is being filed by yourself. If some one else is representing you, then they will file a form G-28
Please add more info as you find.
Turns out, they are all very very busy and some of them are refusing to take on new cases. The ones that do accept new cases are asking for something like $3,000 just to file 485/EAD/AP for primary appliant and spouse.
Although its hard to get confidence in doing this on your own, its also hard to shell out $3,000 just to fill out forms and have a pair of eyes look over it. And after $3000, there is no guarantee that the lawyer's work would be perfect either coz they too, make mistakes as the paperwork (which 90% of immigration work) is really done by paralegals who dont care as much as they should.
There are lot of people on portal who have filed 485 and EAD/AP on their own. I will link some threads here as I find them. And most people renew their EAD and AP on their own coz they would have left their sponsoring employer and they would be pretty much in charge of everything. So if people can file EAD./AP on their own, then the intial 485 is only one more form.
Very true. If people can file for EAD & AP, Why not 485? Its no rocket science. All that we need is a correct list of documents and letter(s) needed from our employer. Here is what I found so far reading 485 form
1) If we have an approved 140 petition, we do not need to provide a copy of the labor certificate.
2) We need to submit the labor cert if we have an I 140 pending.
3) We need an employment letter from our employer stating that the job is still available and the salary to be paid.
4) No need for G-28 for any form that is being filed by yourself. If some one else is representing you, then they will file a form G-28
Please add more info as you find.
dresses house War Of The Worlds
alisa
04-17 07:36 PM
I think this must be publicised somehow.
Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
And in that case, it should be publicised and brought up that it is illegal.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
And in that case, it should be publicised and brought up that it is illegal.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
more...
makeup War of the Worlds - Ray and
krishnam70
07-10 06:19 PM
Just released on Reuters
Indian green card seekers in flowery U.S. protest by Paul Eckert Asia Correspondent
http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2007-07-11T035044Z_01_NOOTR_RTRMDNC_0_India-284101-1.xml
we need to correct this reporter and ask him to edit the report , there are members and others from many nationalities who contributed to this flower campaign and not only indians
Indian green card seekers in flowery U.S. protest by Paul Eckert Asia Correspondent
http://in.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2007-07-11T035044Z_01_NOOTR_RTRMDNC_0_India-284101-1.xml
we need to correct this reporter and ask him to edit the report , there are members and others from many nationalities who contributed to this flower campaign and not only indians
girlfriend 2011 War of the Worlds war of
Bpositive
02-09 04:35 PM
bepositive,
in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!
NOT SURE WHY ?? this delay is ??
i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?
-shahuja
chennai consulate
in my case i got no slip..whenever i call consulate new delhi they say still under admin processing ?? my lawyer checked with DOS..DOS had sent approval on jan 25th..still under proc at embassy !!
NOT SURE WHY ?? this delay is ??
i maybe forgetting..but which consulate did you go to and if new delhi then what was the description(looks) of the VO ?
-shahuja
chennai consulate
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lvinaykumar
09-09 09:33 PM
just saw the post today. will be calling at lunch tomorrow
amsgc
11-04 12:09 AM
Good one, thanks.
check out my blog on AC21
http://immigrationvoice.org/forum/blog.php?b=12
check out my blog on AC21
http://immigrationvoice.org/forum/blog.php?b=12
sc3
08-22 11:09 AM
Anyone have any ideas on what EB3 Rest of World will be in the October Visa Bulletin. My Priority date is OCT 2005 EB3 Rest of World. Do you think I have a long wait?
I believe you wait will be predicated only by processing delays.
Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
Yes, at least one immigration attorney disagrees with the current interpretation, however he feels that the laws, as written, gives USCIS/DOS the wiggle room to deflect any lawsuits. Since the law does not deny EB3 the numbers, I think we should start a letter campaign to bear upon USCIS/DOS to take a second look at the law and fine tune their interpretation.
We should also ask other immigration lawyers their thoughts (some who have online chat/discussion).
I believe you wait will be predicated only by processing delays.
Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?
USCIS may be using divide and silence tactics. One can already see the impact of EB2 being as good as current. They probably liked what they saw and are setting up to move back EB3 much more. At this rate EB3 will crawl to death. People will try to jump into EB2 and realignments/adjustments automatically will take place.All good for USCIS.
But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?
Yes, at least one immigration attorney disagrees with the current interpretation, however he feels that the laws, as written, gives USCIS/DOS the wiggle room to deflect any lawsuits. Since the law does not deny EB3 the numbers, I think we should start a letter campaign to bear upon USCIS/DOS to take a second look at the law and fine tune their interpretation.
We should also ask other immigration lawyers their thoughts (some who have online chat/discussion).
