desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
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akshaya10001
07-13 03:19 PM
Few points to add......
Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.
EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.
The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.
Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.
second point is the only negative for spill over numbers.
Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.
So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.
HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.
Assuming EB1, EB2, EB3 & EB4 demand is same as 2009. This year spill over will be at least extra 7000 visa's.
There are 10,000 overflow from 2009 FB Visa's, assuming that ~30% goes to EB3 remaining 70% goes to EB1, EB2, EB3 and EB4. Which all overflow in to EB2 which eventually allocated to EB2 India & China.
EB2 India assured of additional 6000 visa's (85% of spill over) compared to last year.
The reasons we don't see recession effect on spillover, actually spill over numbers are down for last 2 years are
1> EB1, EB2, EB3 & 4 ROW was always current but due to uscis in-efficiency there were many pending cases in the system which got cleared in 2009.
2> ROW EB3 porting to EB2.
Now 1st point got cleared in 2009 itself, which was indicated by August 2009 inventory list this was 1st inventory report to bring transparency. uscis want to look good so they cleared in efficiencies in 485 due to this spillover numbers in 2009 are less than 2008.
second point is the only negative for spill over numbers.
Clearly there are stats & messages that about 30% less PERM cases filed in 2009 & 2010, so consumption demand in ROW category will be going down.
So we are going to see good thing due to spill over in the current Quarter, we can guess, speculate but we need to wait till next inventory report what was this effect is, most likely this trend will continue at least next year. It is clear that in next 6 months we won't see great expansion of economy & even ROW demand picks up in mid 2011 they will come to visa numbers stage after Sep �2011.
HOPE we are going to have GREAT SPILL OVER DAYS DURING NEXT 15 months; the people who won't get cleared during this time frame have to be helped by reforms only.
vin13
02-11 11:33 AM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
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suriajay12
02-19 06:56 AM
How exactly are illegals going to prove that they have been here for more than 5 years?
I think this is a good one. It supports legal immigrants.
I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.
I think this is a good one. It supports legal immigrants.
I dont agreee with this dvb guy. 5 years legally is lots of time. And I now know people who are 10-15 years here. He will want to say the same tthing even in that case. Instead learn to rationalize and make sure if one thinks one is eligivle, then see how one can get included.crab behavior, the one at bottom pulls down the one thats climbing up. Finally both end at dinner table.
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calgirl
07-12 04:55 PM
Where does it say in the bulletin that it will move in the next bulletin?
QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
nixstor
10-15 05:03 PM
And my question is: will sending multiple copies of this make any difference ?? How many copies are really required to get their attention??
Yes, copies of this request from different individuals is going to make a difference. we need to show that the information being requested is needed by a lot of people out there. Just in case if you are wondering, Your application and your FOIA request have got nothing to do with each other.
Yes, copies of this request from different individuals is going to make a difference. we need to show that the information being requested is needed by a lot of people out there. Just in case if you are wondering, Your application and your FOIA request have got nothing to do with each other.
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GreenCardVirus
01-27 10:29 AM
Name Check is haunting quite many of those seeking Citizenship and Green Card.
This is not an issue of law. It is an issue of effenciency.
My case has been stuck up in Name Check for over 600 days now.
This is not an issue of law. It is an issue of effenciency.
My case has been stuck up in Name Check for over 600 days now.
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dummgelauft
08-21 08:31 PM
Thank you to those of you who were kind enough to respond with helpful information and some understanding for my situation. I do appreciate that much.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
And for those of you who were sarcastic and rude and accusing me of being illegal, if that was the case, then why has USCIS not stated that one time in all the correspondence I have had from them and why are they willing to give me a chance to file the required forms at this time?
They know where I live, who I live with and anything else they need to know. Illegal immigrants don't make themselves known to anybody that could/would report them. If I had something to hide, I would do so, but I have no secrets from them whatsoever. I have done all I have been asked to do and have the paperwork to prove it. I have not gotten a job anywhere outside of the home I live in and they are well aware of what I do here, I have not committed any crimes, my biometrics have come back clear, therefore I have no criminal record in my home country, so therefore I am not a threat whatsoever to anyone in the US.
No one at USCIS has ever stated by phone or mail that I am here illegally and if that was the case, I would think they would have been quick to deport me since they knew everything they needed to know in order to find me and still do. I have nothing to hide.
1) Nobody is accusing of you being illegal. YOU ARE ILLEGAL
2) You have come to a public forum, seeking advice. That is exactly what you are getting. Go hire an attorney, but given your case (considerig that you have one!!) nobody will touch it.
(3) Everybody here has had their bio-metrics cleared, several time over. None of the people on this forum are criminals, but they have paid thousands of dollars in legal fees and still have not got their I-485 approved, so what do expect?
(4) USCIS has massive case backlog, so if you expected them to inform you of everything, at every step of the way, I am sorry, but please come out of your La La land.
(5) USICS knows where you live..hahah..you bet. Just wait for that know on the door. By the way, they WILL handcuff you and put you in the back of a police car.
(6) Bottomline, USICS follows the law (however bad or insane that law may be). According to law, you are here illegally and will be deported, sooner rather than later. If you are up for this, keep dreaming, else, get your stuff together and get your derierre back to Canada.
more...
delax
07-19 08:55 PM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
Here you go - conversion should not impact this as the number of LC approvals remains the same:
Here are all the LC approvals for India in the last seven years.
Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info
Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?
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StuckInTheMuck
07-30 07:39 AM
At the risk of giving someone the idea of starting a new thread on dottiness (all sorts of stuff are popping up these days :)) - you can see your DI (dot index) by clicking "User Profile" at the top right of this page (assuming you are logged on to IV), and then clicking "User Control Panel", which opens the list of your dots w/o comments (I am yet to figure out the point system that comes with it). This does not tell you though who gave what, unless they announce themselves.
And I thank you for your vote of confidence on the relevance issue :)
And I thank you for your vote of confidence on the relevance issue :)
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h1techSlave
03-18 09:49 PM
I think Nixtor should explain why he even bothered to call Mr. Foggs' number. There are many many people in this forum with incorrect phone numbers. Why nixtor is not banning all of them. There is even a member with handle 'taliban'.
I had wrong phone number and other contact details for almost 6 months, before I have updated those fields with correct information. Nobody banned me. Why single out Mr. Foggs?
Here is what you provided on the banned id
Phone number 631-922-xxxx. I called the number and a lady answered. I asked "Is there any one living with last name FOGGS?" The answer is NO. I asked are you sure? She goes mad. I then went on to see the city you provided in MD exists, Google maps has no clue about the city.
There are many non-contributing & contributing members and its entirely your wish to do so or not but IV does not need any distractions. Don't bring in the free speech and 1st amendment now.
May be its fun for you and our friends, its not funny here.
I had wrong phone number and other contact details for almost 6 months, before I have updated those fields with correct information. Nobody banned me. Why single out Mr. Foggs?
Here is what you provided on the banned id
Phone number 631-922-xxxx. I called the number and a lady answered. I asked "Is there any one living with last name FOGGS?" The answer is NO. I asked are you sure? She goes mad. I then went on to see the city you provided in MD exists, Google maps has no clue about the city.
There are many non-contributing & contributing members and its entirely your wish to do so or not but IV does not need any distractions. Don't bring in the free speech and 1st amendment now.
May be its fun for you and our friends, its not funny here.
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gkdgopi
07-18 09:43 PM
I don't think any July 2 cases are rejected,
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
They are still processing June end filers and would not have reached July 2nd cases even today, My understanding is that even in case of rejection, they enter the name in the system for tracking purposes.
Also when i called them on July 3rd they said all application received from July 2nd are on hold.
So don't worry guys!! :)
my 2 cents
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acecupid
07-03 11:47 AM
Taking a benefit of one group, then distribute the pain across the board is not fair to ROW applicants. This is not the solution. You cannot say to us ROW people that we don't understand the fustration of waiting for our GC as well.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
I think its ridiculous that some family takes up to 4 GC from the EB GC pool, why don't you make a petition to state that only EB GC goes to EB primary applicant while your family takes up family based GC. Unless your wife and kids are hired to work as the rest of us, them taking EB based GC is unfair to the rest of us who don't have a family.If you petition to eliminate country EB GC only to the primary applicant, then fine....i am all for it, but if you add your wife and kids to it, i say no.
If you call it re-distribution of pain, I would call it sharing the pain. I think its high time ROW candidates felt the pain which we non-ROW have suffered for a long time. You are objecting just because you are on the better side and wish to continue with the better bargain. If you think about it as a EB group in general, then its absolutely ridiculous that there should be country limits for EB category GC when there is no limits on H1B which is the primary route for most EB category GC applications. I completely agree with you on the family quotient of your arguement, they should not get the GC numbers which is meant only for primary EB applicant. Not that I want families to suffer, but the family GC numbers for EB applicants should not count towards GC number cap.
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ajju
03-15 08:47 PM
C'mon guys, what the hell have you been doing for so long?
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Most of these guys were stuck in backlog.. Welcome to the world of USCIS/DOL/DHS... Some would be Name Check victims too.. Though not many.. But a lot in backlog... Plus labor substitution...
And when finaly most 2003 filed in July 2007 and had dates current for next 3 months.. The Processing was taking atleast 6 months...
I seriosly hope that not may atleast with 2003 PD.. and dates should move to 2004 and beyong soon.. and this is practically possible...
I mean look at the archived Visa Bulletins, you observe the following:
1. EB2 was current for India ALL THROUGH 2003
2. EB2 was current for India ALL THROUGH 2004
3. EB2 was current for India till August 2005
4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007
5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months
What more do you wish for?
I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.
This is pathetic. What the hell have you been waiting for?
Most of these guys were stuck in backlog.. Welcome to the world of USCIS/DOL/DHS... Some would be Name Check victims too.. Though not many.. But a lot in backlog... Plus labor substitution...
And when finaly most 2003 filed in July 2007 and had dates current for next 3 months.. The Processing was taking atleast 6 months...
I seriosly hope that not may atleast with 2003 PD.. and dates should move to 2004 and beyong soon.. and this is practically possible...
more...
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feedfront
09-23 12:24 PM
Congrats Dude.. :)
Enjoy the freedom and keep supporting the immigration reform
Enjoy the freedom and keep supporting the immigration reform
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LostInGCProcess
01-16 05:50 PM
Excellent writeup...It was very interesting to read, since lot of us are in almost the same situation.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
May I suggest you some cost cutting measures especially in the difficult economic times?
1) Quit buying Starbucks coffee. It may be a small sacrifice but it adds up in the end. You can make your own coffee at home.
2) Quit buying News paper. You get more latest news on the internet.
3) try to save as much as possible.
more...
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sprash
02-02 02:46 PM
Hmm I'm still not sure I follow.
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
(Sorry if this a newbie question)
So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?
Wouldn't that be so easy to get?
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rayoflight
06-15 10:02 AM
I meant can we get a list of all the states the emails have been sent by all the members.
The mail will only be sent to your US Senators from your state.
The mail will only be sent to your US Senators from your state.
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Googler
02-20 03:21 PM
Do you belive this guy?. His name is Ron Gotcher. All he will say is GOTCHA!!!!:D
But seriously, Any chance of Eb3 advancing this year?.
Dude. I am *so* not Ron Gotcher. :)
He was rushing and didn't give me any specifics for EB-3 India.
But seriously, Any chance of Eb3 advancing this year?.
Dude. I am *so* not Ron Gotcher. :)
He was rushing and didn't give me any specifics for EB-3 India.
vchip
06-10 01:35 PM
I am just wondering what are they going to do with this new act. Get rid of the immigrants.
It is bad for USA and US Economy.
Good Luck to us all.
Cheers,
VChip.
Calli Passion (http://callipassion.blogspot.com/)
Contributed $50
:eek:
It is bad for USA and US Economy.
Good Luck to us all.
Cheers,
VChip.
Calli Passion (http://callipassion.blogspot.com/)
Contributed $50
:eek:
redgreen
08-10 08:38 PM
So according to this interpretation EB1 also will be retrogressed till everybody from previous years gets gc !
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