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  • goosetavo
    06-30 09:20 PM
    My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
    If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
    Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.





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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.





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  • ags123
    03-10 07:30 PM
    I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
    I have seen high activitiy in the last few months.





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  • andy garcia
    01-25 10:39 AM
    And hoping that some more data, some more pointers, and some more information comes out of this thread, before it dies.

    Data and estimates and links to websites needed for estimating when a PD would become current.

    Can you re-estimate the new dates. Using this data

    ******* EB Pref*******EB3
    FY**|*Total*|INDIA | *Total* |India
    2000|107,024| 15888| 049,736| 05567
    2001|179,195| 41720| 086,058| 16405
    2002|174,968| 41919| 088,555| 17428
    2003|082,137| 20818| 046,613| 10680
    2004|155,330| 39496| 085,969| 19962
    2005|246,877| 47160| 129,070| 23399
    2006|?????????TBP in the near future ???????


    THis are the number of visas issued for each fiscal year since FY 2000 for the EB preference.
    They are under this link:DOS Visa Statistics (http://travel.state.gov/visa/frvi/statistics/statistics_1476.html)

    andy



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  • chmur
    09-10 06:53 PM
    It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.


    Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.

    I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.

    I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .

    Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.





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  • BlueSunD
    03-04 01:39 PM
    Ladies & gentlemen, we are now 6 days away from the due date!

    Hope to see the completed versions of the wips we�ve seen so far, and maybe, of some we haven�t! ;)

    Goodluck to everybody!



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  • reddy_h
    08-15 02:41 PM
    I don't think anybody would be interested in Sep visa bulletin as everything is expected to be 'U' for EB categories. The Oct bulletin would be more interesting. There are some predictions already that it would be similar to visa bulletin for Jan 2007.





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  • prinive
    02-21 10:22 AM
    Thanks... But I dont think so it will happen... Any how if it happens, a bag of sugar for you...

    Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.



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  • eilsoe
    02-22 02:42 AM
    do we have a set date for the deadline? I haven't worked on my entry for the past... since I threw up that WIP, and I only have today and tomorrow to work on it.

    basically I'm just gonna throw in a train (if I can make one), and some more details... maybe some newspapers lying about... and stuff like that...





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  • zerozerozeven
    03-09 12:17 PM
    let the waiting start for the May bulletin....



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  • rimzhim
    04-04 03:46 PM
    That is a good question. And here is a reply to that.

    Why does IEEE oppose H1? Because its members do not like competition from people whose profile match IV members i.e. people on H1B. If IEEE would be in love with green card and people waiting on green card, they would not support John Miano and his testimony. IEEE-USA's memberships consist of middle aged racist engineers who cannot keep up with the competition from mostly Asian younger workers. In the 80s and 90s, they were talking about globalization and its benefits as they got a jump start to get most of the global work. Now, other people in other nations have caught up and same globalization is causing them to pee in their pants. They understand that globalization is good for the country and the society. But what is good for the nation is not always good for each and every individual. So to save their lazy ass, they now want protection from their government, without realizing that if they get the protection they are seeking, they will not be able to enjoy that protection for very long as the companies will be compelled to look for more efficient and cost effective ways to do work.

    Anyways, answer to your question is in your question i.e. How could someone be against H1b and for green card?
    are you aware of the fact that IEEE actually lobbied to get a special quota of H1B for US-educated folks? these folks who fill this 20K quota are foreigners and by your logic will definitely be competing against these "racist" ppl. Because of the principled stand IEEE has taken, it continues to have clout.





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  • jsb
    03-09 12:27 PM
    This is horrible. Does not make much sense.
    No significant, if any, movement, even though it is supposed be a new quarter?



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  • gc_on_demand
    11-14 04:31 PM
    bump





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  • Googler
    02-21 12:52 PM
    Can the mods please split off these posts about porting to EB-2 to another thread? People who want to discuss converting to EB-2 would you please start another thread, so this one can be devoted to spillovers, visa cutoff movements etc?

    Thanks!



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  • hsingh82
    06-11 09:36 AM
    Reply I received:
    Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.

    If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.

    If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.

    Warmest Regards,
    U.S. Senator John Cornyn





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  • ssss
    11-14 05:23 PM
    There seem to be less EB3 cases filed post PERM. May be due to retrogression every one started filing EB2



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  • retrohatao
    02-08 04:28 PM
    Description of the process:
    When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
    Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
    receives a reply. FBI after doing the security checks ( the process involves checking the name against
    potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
    is "YES" USCIS clears the case and if it is NO your case would be rejected.

    After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
    than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
    It is just like a blackhole and no one is there for you to provide the status/answer queries.

    Here is the thread one needs to look at if you would like to know more about the problem:
    http://boards.immigration.com/showthread.php?t=174845

    Solution:
    1.Its an interagency issue. USCIS need to follow up at constant intervals.
    2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
    of the cases.
    3. There should be a definite time line for clearing the cases.
    4. There should be a grievance addressing system for the cases delayed indefinitely.
    Ultimately it is in the interest of the country. If you think someone is dangerous, you would
    not want him/her to be in the country freely roaming on a EAD. Right?

    I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
    more





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  • Ramba
    07-14 10:02 PM
    --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • Hope_GC
    07-16 08:02 PM
    I agree with you..

    I've so many hard working American friends... it really make me want to work harder to compete with them, but these bunch of cry babies at Numbers are scared of skilled workers, they don't want to upgrade their skills, they want to work 9-5 and get paid for their incompetencies.





    prince_waiting
    10-20 03:25 PM
    Choose your pick fellow IVians,
    On one hand we have Sen. McCain, guided by Sen. Martinez and the hispanic lobby on immigration reform favoring family based immigration applicants. Also Limbaugh and Hannity followers will be ready to demand their peice of meat after election and will go to any extent to protect the white character of middle America.
    On the other hand we have Sen. Obama, guided by the man we love to hate Sen. Dick Durbin, who is ready to put on the squeeze of programs like H1B and the EB PR. Also the Dems as a political party are more interested in attracting new less educated immigrants to their side.
    Our only saving grace Corporate America, right now is not neither enjoying any patronage nor any good reputation on Capital Hill.
    Guess it is going to be a long wait for us 'Highly Skilled Legal Tax Paying Immigrants' before we are going to be embraced by the American dream.





    centaur
    08-15 05:34 PM
    I think its not going to budge after this for 3 months or so, till they calculate all the applications received and do the math. Hopefully it will move forwards then, however (less likely) it can move backwards too ( I have seen strangest patterns with the bulletins)



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