485Mbe4001
06-11 01:48 PM
i wanted to aviod posting this, but please include a bit of realism in your optimism. Full disclosure: i am EB 3-I
We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.
After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.
a) we have no estimate of the per country breakdown of pending applications.
b) we have no idea how many EB2 India applied in July 07
c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
This affects ROW as well as the retrogressed countries as the per country quota is still fixed.
We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.
I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.
VISA BULLETIN FOR July 2008
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....
VISA BULLETIN FOR JULY 2007
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
We had a discussion on our chapter here is the extract of the email that i sent based on a couple of similar comments from fellow members.
After talking to a few of the fellow members, i feel that one the main causes for inaction is that folks who have applied under EB 2 India feel that the spillover from ROW EB 2/1 and India EB1 will be sufficient to get them their GC's in 2 years tops. EAD/AP for two years is no big deal. There is no urgency to get things done or the motivation to step up to the plate and make a few calls. If that is the case, then chances are that you are mistaken.
a) we have no estimate of the per country breakdown of pending applications.
b) we have no idea how many EB2 India applied in July 07
c) we dont know the number of multiple applicants who have EB2 and EB3 applications pending (spouse and self).
d) We have no indication of the 300k applications who were stuck in namecheck and are now eligible for approval. Namecheck victims were from all countries (you can see that ROW EB 3 is U)
This affects ROW as well as the retrogressed countries as the per country quota is still fixed.
We cannot wish this mess away. Making a few phone calls at lunch should not be a big deal.
I am Not sure everybody follows Federal Reserve revising short-term rates by every month and Financal analyst were trying to understand language(tone) of Bulletin. And Looking at tone of VISA Bulletin for July 2008 and historical Bulletins EB2 for India is very encouraging till we see the language next month for India.
VISA BULLETIN FOR July 2008
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act .....
VISA BULLETIN FOR JULY 2007
E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS
All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.
addsf345
11-10 02:27 PM
Chandu,
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
Good find desi485, gave you green!
Can any one else confirm this? Is there anyone who have discussed this with their own attorneys? or have first hand experience? Please share with rest of the IV community. I am specifically worried over if I will be able to continue working for new employer on EAD in above unfortunate scenario????
I am planning to join govt agency which is not ready to file for H1B, and also going on unpaid leaves may not be an option as well. Should I take this risk?
Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.
I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.
this is quite interesting and a big relief if true.
Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)
I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.
"An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."
Good find desi485, gave you green!
Can any one else confirm this? Is there anyone who have discussed this with their own attorneys? or have first hand experience? Please share with rest of the IV community. I am specifically worried over if I will be able to continue working for new employer on EAD in above unfortunate scenario????
I am planning to join govt agency which is not ready to file for H1B, and also going on unpaid leaves may not be an option as well. Should I take this risk?
glamzon
07-20 02:54 PM
^^^^^^^ is this true?
kalia
07-05 12:10 PM
We should contact John Cornyn of Texas who introduce the skill bill. We should bring the VB fiasco to his notice.
There is no need for webfax. Just go to your senators or House of representative website and sent them an email. You can also call them and give them this information.
There is no need for webfax. Just go to your senators or House of representative website and sent them an email. You can also call them and give them this information.
more...
kuhelica2000
09-15 05:13 PM
I wasn't planning on porting my PD until I read this nonsense "Injunction" threat. I will now port my PD; GCTest - go and file your injunction. If you don't have enough balls to do that I can lend you one.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
That memo/document you pointed out is an interpretation. We have already said that USCIS's interpretation is incorrect. We intend to correct this interpretation with this lawsuit.
Infact, it would be wrong to call this a lawsuit.
We are aiming for an injunction (or a stay order) in step 1 of the lawsuit that would prevent USCIS from working on any interfiling/PD porting requests.
If the injunction is with retroactive effect, all the EBs (not just EB3) who have ported their PDs will have their cases frozen. USCIS would not be able to work on them.
The remainder of the lawsuit can take its sweet time... the injunction should serve the primary cause.
eager_immi
07-05 01:04 PM
do u have the list of email addresses? I sent an email to all 100 senators, hopefully they will reply.
more...
reddymjm
09-02 04:43 PM
Landed in Dec 1999.
wanna_immigrate
05-06 10:17 AM
I am in a similar boat I got by second 140(EB2) approved this week. How do I know if my date is ported? Acutually I dont care about porting date I just want to find out if my new approved 140 is now referrencing my 485(filed under EB3) filed in July 2007.
Thanks in advance for help.
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Thanks in advance for help.
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
more...
pansworld
07-13 02:51 PM
Dear Mr. Sharma :
Thank you for your letter regarding recent changes to the employment-based green card application process. I appreciate your taking the time to contact me about this situation.
I am aware of the recent revisions to the State Department immigration bulletin, and I am concerned about how these change s will impact the many individuals who have based their immigration plans on information from past bulletins, which stated that certain employment- based categories were current. Please be assured that I will continue to monitor the Department of State's response to this issue, and I will be in touch with relevant officials to express my concerns about this unfortunate situation . In the meantime, should you need any assistance with your visa application , please do not hesitate to contact my state office at (800) 443- 8658.
Again, thank you for writing. Please continue to keep in touch regarding this or any other issue of importance to you.
Subscribe to my monthly e-newsletter and periodic issue alerts:
http://bingaman.senate.gov/contact/enewsletters/intro1.cfm
Sincerely,
JEFF BINGAMAN
United States Senator
Thank you for your letter regarding recent changes to the employment-based green card application process. I appreciate your taking the time to contact me about this situation.
I am aware of the recent revisions to the State Department immigration bulletin, and I am concerned about how these change s will impact the many individuals who have based their immigration plans on information from past bulletins, which stated that certain employment- based categories were current. Please be assured that I will continue to monitor the Department of State's response to this issue, and I will be in touch with relevant officials to express my concerns about this unfortunate situation . In the meantime, should you need any assistance with your visa application , please do not hesitate to contact my state office at (800) 443- 8658.
Again, thank you for writing. Please continue to keep in touch regarding this or any other issue of importance to you.
Subscribe to my monthly e-newsletter and periodic issue alerts:
http://bingaman.senate.gov/contact/enewsletters/intro1.cfm
Sincerely,
JEFF BINGAMAN
United States Senator
greenlight
06-10 05:57 PM
Your PD in EB3 for ROW will be back into track in October 2008 as its said in the current visa bulletin dated Jul 2008 for EB3 preference. So once it is back to current in October then the new visa numbers will be alloted. Then you will get your GC. So just wait till October to receive your GC confirmation.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
Good Luck!!!
Thnk you, Vdlrao, and other members for response to my question. They were very encouraging. I am grateful to have this IV community to provide and seek support.
more...
bondgoli007
07-05 05:32 PM
I am very intrigued by this thread and I would love to see a change in status quo too. However, I am missing one very important piece of information....Who are the proposed candidates and what is their agenda??
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
The idea is very brillinat and this actually benefits the current IV core too.
Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
So the current IV core can support the new commitee and take their help to take the organisation forward.
And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.
usually, a non-profits exec committee is elected by its members.
for eg. the 2009 members (paid), can vote for the IV president and the committe.
it doesnt make sense for evey EB immigant to go and start a new non-for-profit.
Mbawa, please don't take this as criticism but how exactly would a change in the IV core improve the current status quo? If you have any ideas, what has stopped you from using IV as a platform and taking a lead?
Again, I would love to see things improving for the EB folks but I really missing the point on how this suggestion would get us there. I have great respect for the IV core as I know it and personally I will never be able to do even 10% of the job they have done. SO if there are folks who can do better than the present core, I would love to hear their ideas and contribute to the cause.
If this is just one of the several threads that are started with no real effort or thought put in to come up with an actual and feasible solution, then this is doing more harm than good. Again I am really open to listening like a lot other silent/passive members.
Cheers.
The idea is very brillinat and this actually benefits the current IV core too.
Usually, people get tired of leading a non-profit, too much of ones personal resources go into it.
A new leadership will bring new energy in form of people getting a title and make them more accountable to needs.
Every current commitee(current IV core) actually is the backbone of a non-profit, cos they carry lots of assets, in terms of connections they have developed, money they have accumulated, goals that they have set, etc...
So the current IV core can support the new commitee and take their help to take the organisation forward.
And as I previously mentioned, the organisation does not or should not cease to exits once our goals are met, they should then be lead by other non-immigrants who will have a whole different set of issues.
usually, a non-profits exec committee is elected by its members.
for eg. the 2009 members (paid), can vote for the IV president and the committe.
it doesnt make sense for evey EB immigant to go and start a new non-for-profit.
rdoib
07-23 10:33 PM
it is like a lottery..ya it is..noone knows whats comes out out of the matrix...:)
more...
axp817
07-18 09:28 PM
I started off with a one time contribution many months ago, and then signed up for $20 monthly contributions.
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
Today, when I saw the action item for the new funding drive and that the recurring contribution request had gone up to $50, I couldn't initially bring my stingy self to changing my contribution from $20 to $50.
Then I asked myself, If I were offered a green card today, at an additional 'premium' fee (Besides the filing, attorney fees), how much would I be willing to pay? probably, $2, 3, 4, 5, or even upto $10000. That being the case why was I being a miser about spending $50 a month supporting a great organization like IV.
With that thought, I immediately went ahead and signed up for the $50 a month contribution and cancelled my old $20 subscription on Paypal.
I am single and don't have a family to support like most of you do, but this $50 a month will go a long way. We have seen IV get results. From what has gone on in the last few months, up until last night, we know that IV is the only organization that really works for our interest. Oh, Shusterman, ILW, Murthy might all be good attorneys but they don't push our interests like IV does.
With that, I would request all of you to join hands and work with IV in bringing a revolutionary change to the employment immigration system.
Thank you all, in advance.
20,000 members of which at least 15,000 are real (not non-immigrant trolls).
If all sign up for $50 a month, IV would generate $750,000 a month. That kind of money = serious lobbying efforts = we get our green cards well before it is time to retire
amit1234
09-11 10:11 AM
A little contribution of $100 for a great effort by IV
Google Order #720968632428178
Google Order #720968632428178
more...
bestofall
07-14 12:56 PM
here is my response thru my Bank Onlie pay
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
laststraw
07-15 03:57 PM
Have sent $25 through bill pay
more...
amit_sp
03-05 03:33 PM
I also received RFE for my application. I am EB3-India with PD of Oct 2003. The RFE was about missing signatures on 2 forms (though I could see my signature there; I just re-signed those) and missing I-94s.
logiclife
04-26 04:48 PM
Actually, its called form I-907.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Read more on USCIS.gov about I-907.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Read more on USCIS.gov about I-907.
delhikadesi
09-14 12:44 AM
whats wrong with you guys...you guys are filed in EB3 category...does not mean that you are less then any EB2 person.
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
cant you understand one simple logic? EB2 category(not an individual) will get cards sooner then EB3 category.
So if you were eligibile or had a choice, why you chose EB3????
now since you did choose, you are supporting this backgate system of porting to EB2? how do you justify that?????
you or your employer told USCIS to get a card for you in EB3 category, if you do not want that, file NEW !!!
In the eyes of americans we are skilled workers, but we all are selfish and vulnerable to white man politics!!!!
DAMN this card and I wish to see when we all cherish our self respect and does not get treated like beggars by USCIS.
If we all have balls then lets do some kind of bycott ...else keep watching your brother in this stupid ration line and you enjoy your food (if you get lucky by USCIS)
vkallank
07-18 10:23 PM
Amit, i have sent you a PM. :)
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
Thanks a bunch for all of you who contributed today, I read each and every post and felt very content that atleast there are people who feel the same way like I feel. IV is the only org that stands for us. It is time to strengthen it, Most of you have no idea how much money is really needed for lobbying, and how far it can take us if each of us contributed a little every month.
Minimum $50/month.
new2gc
08-13 11:49 AM
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
They will bring/hire more resources to near shore (if not onsite) Brazil/Canada to satisfy clients...This year the demand for H1b is around 25K.... next year that may go down to 10-15K... good for future EB -AOS applicants.. :-)
They will bring/hire more resources to near shore (if not onsite) Brazil/Canada to satisfy clients...This year the demand for H1b is around 25K.... next year that may go down to 10-15K... good for future EB -AOS applicants.. :-)
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