irock
08-05 09:46 PM
PD : Aug 2004, EB2, NSC
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
I-140 Approval Date :Jun 2007
I-485 Received Date : 07/26/2007
Name Check: Don't know. I've infopass on this Friday.
Gave Finger Prints.
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eb3retro
10-24 04:08 PM
You deserve a gc right away after such a long and painful wait. Dont lose hopes.
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
willIWill
11-02 03:33 PM
I dont think DOS will do any spillover, if by a miracle they do a quarterly spillover it can happen only in december, The whole idea of spillover is if there are any leftover visas they have to use it by the end of the year (i.e spetember 30) or if they do quarterly spillover as the law says then they have to do it by the end of the quarter i.e Dec 31, march 31, June 30.
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
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Sheila Danzig
04-21 09:50 AM
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
I really am not able to understand your education pattern
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
I really am not able to understand your education pattern
10 = Std 10th
+2 = Std 12th I assume
+1 = Is this the commerce 1st year?
+3 sounds to be your diploma right? now what was eligiblity for the diploma 10th or 12th? I am assuming it was 10? since it was 3 years course.
My friend I hate to be sounding pessimistic but your education might add upto 16 years but it is not progressive 16 years as required for a bachelors program, most of it is redundant. your +2 (12th grade) and diploma are overlapping. Your +1 is completely tangential to your course work. It is same as some one doing 1st year courses for 3 different strems example 1st year Science , 1st year arts and 1st year commerce and then claiming he has equivalent of 3 years bachelors course work completed and so he be awarded a bachelors degree.
Please dont feel bad. I do not want to give you any false hopes. Please consult some proffessional evaluators to check if there is a way they can make your education sound progressive but looking at USCIS response you pasted they have evaluated your diploma and cannot accept it as equivalent to degree program
I dont know who will pay for the MTR + refiling in case your employer is going to shoulder these expenses then there is really no harm in trying but if it is you who has to pay for appeals then my friend it will be better if you consult education evaluators and some other lawyers like Murthy, Khanna to get a second opinion before you embark on this long and costly journey.
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eb3_nepa
06-26 11:47 PM
This is by far THE MOST RIDICULOUS suggestion on this forum I have come across.
Sorry man, this wont work for ANYONE out here. We have been waiting since TWO AND A HALF Years to file and now you want us to wait for 15 more days only to realize that USCIS may actually yank the rug out under us. I mean think about it, we will all feel like MONUMENTAL FOOLS if that happens. Try explaining THAT to your spouse who has been waiting for 2 years or more to apply and get an EAD. I know mine would KILL me if i even suggested that to her ;)
Sorry man, this wont work for ANYONE out here. We have been waiting since TWO AND A HALF Years to file and now you want us to wait for 15 more days only to realize that USCIS may actually yank the rug out under us. I mean think about it, we will all feel like MONUMENTAL FOOLS if that happens. Try explaining THAT to your spouse who has been waiting for 2 years or more to apply and get an EAD. I know mine would KILL me if i even suggested that to her ;)
longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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nozerd
04-13 11:45 AM
So why isnt EB3 India moving at all ?
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
Even bigger news is that "Other Workers" have become Unavailable for the whole world.
It furthers strengthens the theory that good number of 245i's are EW category and not in the regular EB3 category.
This hypothesis is further supported by the fact that all EB3 dates have been sustained above May 1st for a few months now.
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nrk
10-29 01:47 PM
Thanks rb,
Did you visit any country that might have triggered this?
I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.
Have you ever faced any issues with your last name being on no fly list?
No
Regards,
NRK
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
Did you visit any country that might have triggered this?
I worked in Kuwait and visited Bahrain, Dubai. Does any of the countries were in that list.
Have you ever faced any issues with your last name being on no fly list?
No
Regards,
NRK
NRK,
Did you visit any country that might have triggered this?
Have you ever faced any issues with your last name being on no fly list?
You have pretty much answered no to most of the questions asked by other posters. If the answers to the above questions are no too, then it must be USCIS error.
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pcs
06-17 01:58 PM
Would you like to send a mass mailer to all to generate momentum ???
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spindoctor
07-19 08:22 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine. I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending. While applying for a visitor visa she just has to honestly tell the consulate officer that her I-485 is pending and there should be no problems.
If this is not so, then it means that all those who have filed I-485 in their home countries through consular processing route are in effect barred from entering US till some decision is taken on their application. This sounds bizarre. Does not make sense. What do you say?
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senocular
02-05 02:13 PM
wow Im surprised 42 votes managed to get up there. How many total votes do you usually get for these kinds of things? all those crazy mystery people out there... wheeeeee
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Guig0
02-11 07:06 AM
:!: we have a tie! :stunned:
Cool =)
Cool =)
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qplearn
12-20 05:23 PM
nice post, and I have been thinking of the same; in fact, I have expressed this thought before. Only the very naive will not understand this or think that USCIS is using the numbers in the right way.
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a1b2c3
10-12 09:57 AM
If you are serious about this go ahead start helping nixtor and others in this regards.
http://immigrationvoice.org/forum/showthread.php?p=296941#post296941
Sure, but where is the agenda posted?
http://immigrationvoice.org/forum/showthread.php?p=296941#post296941
Sure, but where is the agenda posted?
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sandiboy
07-17 10:29 AM
The processing time is still as of June 18th... There is no july yet
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eb3_nepa
02-12 12:17 PM
Sometimes in your life you make bad decisions. It happened unfortunately, because my PD is June 2004 EB2 and when dates became current last year, I thought it needs to move just 3 months to have my date current and as per DOS release there were only 3400 visas in EB2 for 2004.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
Unluckily I chose for CP instead of 485 and now lying in a dark well.
Anyway please don't sympathize, I'll certainly come out of this situation very soon.
That still doesnt explain why you chose CP over normal AOS. PD wise, it would not have mattered either ways. Also if you feel that you are going to come out of this issue soon then why do you want IV to take up this cause anyways? Dont get me wrong i am not trying to be mean here, I am just not sure why you are proposing what you are proposing.
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saileshdude
10-27 11:10 AM
nrk,
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
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permfiling
11-03 03:28 PM
I agree with you as I spoke with a friend who got his USC. His company got sold off after he got his GC in 2 months so joined another company.
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diqingshen
07-31 12:38 PM
The guy answered phone said NSC is supposed to be compliant by August 1st, but he doesnt see it happening.
GCInThisLife
07-19 02:21 PM
You are still with in 180 days window of being out of status.
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
This discussion scared me now.
I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.
The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.
AM I IN PROBLEM?
Please comment and give me hope.
gsc999
09-09 06:54 PM
Though the website says sold out, I called just now and got a queen room for 109+tax for one night 17th. Thanks for the help.
-
Sure, I modified my booking from one bed to two incase some one still needs a place to stay. You ar always welcome.
Infact, the group rates are even cheaper. We could get two double beds for $105/night
-
Sure, I modified my booking from one bed to two incase some one still needs a place to stay. You ar always welcome.
Infact, the group rates are even cheaper. We could get two double beds for $105/night
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