chmur
07-27 06:09 PM
otherwise society would have have no use for lawyers....who make a living making interpretation of the existing laws.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
Anyway, the current discussion is not even about the law but about the different interpretations of the same law . The Visa Bulletin extract also provided yet another interpretation by the same authority.
The Law/Directions from the congress regarding spill over distribution has not changed in over 5 years but it's interpretation and implementation by DOS has changed drastically in the same period.
They have gone "Vertical" to "Horizontal" and probably will somersault next .
2006 -2007 saw EB3 getting lion share of the spill over EB2. It is being reversed now, all without change in any laws/directions from congress.
This year's interpretation cannot be assumed as absolute just because it is favorable to a particular segment of applicants and it is incorrect to opine that any change in such interpretation requires change in law.
All this indicates that congress has given enough leeway to DOS to interpret it's directions , as DOS sees fit to run it's business.
and I think herein lies an oppurtunity for EB3 applicants to state their case and explain if DOS continues with it's current interpretation.
EB3 lobby has to impress upon the DOS that it is in DOS's intrest to not to starve any particular queue lest it will damage it's own throughput.
If convinced , DOS might look at alternative algorithm to mitigate starving within the current directions, atleast we can hope for that.
Now what that mitigation strategy will be within the current laws is known only to DOS. Which algorithm requires law changes... which do not none of us know yet ...everything alternative suggested is speculation based on contradicting interpretations provided by DOS over the years.
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krcreddy
07-09 10:42 PM
I also sent an email to the above list.
Let's hope we get media attention tomorrow. :confused:
Let's hope we get media attention tomorrow. :confused:
greenlight
08-27 08:31 PM
Please read my signature section below for the progression of my applications. I am relieved that USCIS actually has my applications and can rest assured that those documents will sit on someone's desk or shelf for God knows how long ;)
It took more or less 30 days to process my filing, and hopefully you will see that happening as well.
Supoort collective cause and the DC rally. I can't attend, but am contributing $ for someone else to fly to Washington, DC.
It took more or less 30 days to process my filing, and hopefully you will see that happening as well.
Supoort collective cause and the DC rally. I can't attend, but am contributing $ for someone else to fly to Washington, DC.
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akhilmahajan
02-09 12:01 PM
Thanks a lot. Please ask your friends and family to also contribute.
GO IV GO. TOGETHER WE CAN.
GO IV GO. TOGETHER WE CAN.
more...
HarshJ
11-05 03:11 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
odf
06-18 11:17 AM
Did u get the receipt number
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
My 485 applications reached NSC on June 4th, 2007. I have called my attorney. They haven't received anything so far. I need to wait for few more days./
more...
jsquare
09-15 11:27 AM
Folks
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
I am in for Option 2
First of all, ask yourself the following points before continue reading.
1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )
2. Willing to fight for justice.
If you chose the option 1, please stop reading further and good luck.
For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Hugh enough to create miracles.
Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.
However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.
Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.
ITS ABOUT TIME.
I am in for Option 2
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delhiguy
07-07 08:53 AM
Please go back .Why wait for the change in law .No one is stopping you . Dont discourage
I am not discouraging , i said "i wish i am proven wrong"
Even Attorney Khanna said the same.
I am not discouraging , i said "i wish i am proven wrong"
Even Attorney Khanna said the same.
more...
Dhundhun
07-21 09:44 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
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Venky Sreedhar
02-26 03:13 PM
Contributed $ 100/=
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
Web Accept Payment Sent (Unique Transaction ID #356076680R804971P)
Original Transaction
Date Type Status Details Amount
Feb 23, 2011 Payment To Immigration Voice Completed ... -$100.00 USD
Unforunately I will not be able to attend because of a surgery.
Good luck with all your efforts and I am sure we will be able to achieve something positive.
more...
sankap
07-10 12:45 AM
@desi3933:
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.
.
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Libra
08-20 12:38 PM
Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.
I think you will leave the boat before me, good luck.
Ha ha Congrats....
Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(
Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")
more...
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SA EB3 Retro
08-13 03:20 PM
Signature has all relevant information. I-140 was approved August 2005.
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marty
05-30 11:57 AM
Thanks Marty once again.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
Thanks :)
Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.
I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
I am returning back on monday and as of now don't know if i will go to canada or stay in US.
Thanks :)
Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.
more...
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delhiguy
07-07 08:58 AM
Delhiguy you are right and dont participate in any protest some of the members are making, have fun with your family, if you have any, and chill out. dont worry what others are doing
USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.
I am doing things, which i could have done , I am sorry if my views collided with yours ,
USCIS and gov make laws and break laws we dont have right to ask, but when we got hurt we should make them know how did they hurt us so that they will not do that to future immigrants, that's it.
I am doing things, which i could have done , I am sorry if my views collided with yours ,
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simple1
05-01 02:35 PM
This is my understanding. Please take time to read INA, I485 application and current VB.
1. The category of the derivative and quota of derivative is not related to I485.
All that matter at the time of derivative I485 application is the
a) primary's priority date is current
b) primary's I485/AOS application pending.
read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"
Gurus, Forum-Attorneys, IV-Core, feel free to correct me.
2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
1. The category of the derivative and quota of derivative is not related to I485.
All that matter at the time of derivative I485 application is the
a) primary's priority date is current
b) primary's I485/AOS application pending.
read the I485 application again Part2 option b. "My spouse or parent applied for adjustment of status or"
Gurus, Forum-Attorneys, IV-Core, feel free to correct me.
2. We are more concerned about the quota. where the derivative falls. I strongly believe they must be out of EB2 quota and placed under FB2A.
There may be a chance that Eb2 india will touch 2008 in a year. and F2b will be at 2006. How dependet can file 485 as if they counted against F2A their date is not current.
more...
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Honda
09-09 10:30 PM
We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.
All EB3 people please share your thoughts to resolve this issue.
All EB3 people please share your thoughts to resolve this issue.
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h1techSlave
03-10 12:49 PM
The plan that mirage is talking about is to contact only the lawmakers who are already well versed with immigration.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
Now; senators/congressmen who don't have much knowledge and you present to them why the country quota, etc., should be changed; will be given evidence through their research of what is going on with h-1b, labors in fast procesing states, etc., In this environment where there is sentiment against immigration it will fall on deaf ears and maybe even skew things in the future for you with the politicians because they are getting insight into this stuff at the wrong time.
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austindesi
11-22 12:34 PM
Mehul,
Miracles happen and it will happen in your case. All of us are praying for you. I don't know where you reside inside USA. Is there anyway we can help you? Let us all know.
Wish you all the best.
Miracles happen and it will happen in your case. All of us are praying for you. I don't know where you reside inside USA. Is there anyway we can help you? Let us all know.
Wish you all the best.
mike_2000_la
06-15 06:48 PM
Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
suggestion to add one more piece of info which maybe useful..
MailedFromState:
here is mine....
Mailed to NSC on: Jun 1st.
Mailed From State: CA
Received at NSC on: ?
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
suggestion to add one more piece of info which maybe useful..
MailedFromState:
here is mine....
Mailed to NSC on: Jun 1st.
Mailed From State: CA
Received at NSC on: ?
Transferred to TSC on: ?
140 approved from : CSC
Receipt Date :?
Notice date :?
SunnySurya
08-18 01:27 PM
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
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