pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
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pd_recapturing
10-29 10:02 AM
Guys, Please send the letter. As Chandu said that anyone can be a victim of AC21 issue so pls pls send the letters asap and support this campaign.
nkavjs
09-25 09:45 AM
Type in congressman your city name in google or yahoo search. It will give you various names for your senator and congressmen. Call them and give them your name FN LN, DOB, Alien number and fedex / delivery tracking mnumber. They will call you back with relevant information.
Goodluck
this is a draft I used to email my inquiries. Hope this helps.
------------------
Regarding: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [FedEx Tracking No. xxxx - Recd. by Mr. J. Barrett NSC At 10.25am on July 2nd]
Dear Mr. Assistant Chief,
My Adjustment of status application [I-485,I-765 and I-131] based on EB3 RIR category, was delivered to Department of Homeland Security, USCIS, Nebraska Service Center, Lincoln, NE on July 2nd 2007. It was received in the mailroom at 10.25am (reference : FedEx tracking number xxxxx).
USCIS website says NSC are working with August 2007 received AOS applications. However, I haven't heard any sort of communication pertaining to my pending application with USCIS. USCIS Customer Service would not pull up my application information in the system yet. Seems like USCIS is either not following the First in First out (FIFO) process for sure or the figures are misleading.
Details as provided below:
Name of Applicant: Name xxx
�A� Number of Applicant: A 088 xxx xxx
Date of Birth: xxx
FedEx Tracking No: (whatever is your tracking number)
I would greatly appreciate if your office can help me to track and process my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me at (xxx) xxxx for any additional information.
Thanks and Best Regards,
Goodluck
this is a draft I used to email my inquiries. Hope this helps.
------------------
Regarding: Inquiry/status for I-485 AOS application sent to USCIS, Nebraska Service Center on July 2nd 2007 [FedEx Tracking No. xxxx - Recd. by Mr. J. Barrett NSC At 10.25am on July 2nd]
Dear Mr. Assistant Chief,
My Adjustment of status application [I-485,I-765 and I-131] based on EB3 RIR category, was delivered to Department of Homeland Security, USCIS, Nebraska Service Center, Lincoln, NE on July 2nd 2007. It was received in the mailroom at 10.25am (reference : FedEx tracking number xxxxx).
USCIS website says NSC are working with August 2007 received AOS applications. However, I haven't heard any sort of communication pertaining to my pending application with USCIS. USCIS Customer Service would not pull up my application information in the system yet. Seems like USCIS is either not following the First in First out (FIFO) process for sure or the figures are misleading.
Details as provided below:
Name of Applicant: Name xxx
�A� Number of Applicant: A 088 xxx xxx
Date of Birth: xxx
FedEx Tracking No: (whatever is your tracking number)
I would greatly appreciate if your office can help me to track and process my AOS application delivered to NSC on July 2nd 2007. Please feel free to contact me at (xxx) xxxx for any additional information.
Thanks and Best Regards,
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ilwaiting
06-29 05:08 PM
DEAR GOD!!!!!! THIS APPEARS TRUE. THEY ARE CALLING FOR PLAINTIFFS.
American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
American Immigration Law Foundation (AILF) Seeks Plaintiffs for the Lawsuit on Visa Bulletin Fiasco
The AILF is an affiliate of the AILA and its litigation arm. They are seeking the victims who would participate as plaintiffs in the lawsuit by the organization against the government agencies relating to the outrageous and lawlessness of the agencies involving the management of immigrant visa numbers and implementing the visa bulletin in compliance with the law. Please contact your attorneys if you are willing to participate in the lawsuit.
more...
seekerofpeace
10-06 01:33 PM
Thanks apb,
You are on the right track....Again no need to thank me....the help in the forum is mutual...I had gained strength from it and I'll reciprocate in every possible way...I am not one to vanish from the forum once I am done and see you guys waiting......well experience with USCIS is like a psychological trauma...it stays long and being a scorpio I can't forget things at all especially injustices....So I'll be there along the way for all you guys....and help you in whatever way I can......
That being said every case is different and gloom and doom scenario should not take over your spirits....I am a cynic by birth and see the glass always half empty but once thing that is different for me is that I never give up......and neither should any of you guys however bad the situation is....be a cynic be a pessimist be a paranoid if you can't help but BE PERSISTENT and UNRELENTING...
SoP
You are on the right track....Again no need to thank me....the help in the forum is mutual...I had gained strength from it and I'll reciprocate in every possible way...I am not one to vanish from the forum once I am done and see you guys waiting......well experience with USCIS is like a psychological trauma...it stays long and being a scorpio I can't forget things at all especially injustices....So I'll be there along the way for all you guys....and help you in whatever way I can......
That being said every case is different and gloom and doom scenario should not take over your spirits....I am a cynic by birth and see the glass always half empty but once thing that is different for me is that I never give up......and neither should any of you guys however bad the situation is....be a cynic be a pessimist be a paranoid if you can't help but BE PERSISTENT and UNRELENTING...
SoP
gvenkat
09-23 08:08 PM
All we need is just 233,816(page 2) visas(forget about country limit, EB category etc). In that case in 2 years we will have 280,000(140,000 * 2) visas. So should we all get GC in two years with that logic.
If only USCIS can think along those lines. :confused:
If only USCIS can think along those lines. :confused:
more...
dreamworld
09-19 04:11 PM
It is possible to use your new approved 140(EB2). Your date are current and do request USCIS and go in front of GC line. Good luck.
You can request USCIS with reference to this citation/pdf.
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
Please make a token contribution to IV.
I have applied my I485 and EAD based on EB3, I have received EAD for me and my wife, in parallel I had also applied for I140 based on my EB2 application. Now my I140 has been approved for EB2 and PD is current for EB2. I was wondering if there is any way that I can get my I485 transferred to EB2 and how can I get it done...
Could someone please suggest...
Thanks in advance
You can request USCIS with reference to this citation/pdf.
http://www.ilw.com/lawyers/seminars/august2002_citation2c.pdf
Please make a token contribution to IV.
I have applied my I485 and EAD based on EB3, I have received EAD for me and my wife, in parallel I had also applied for I140 based on my EB2 application. Now my I140 has been approved for EB2 and PD is current for EB2. I was wondering if there is any way that I can get my I485 transferred to EB2 and how can I get it done...
Could someone please suggest...
Thanks in advance
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ski_dude12
09-28 12:26 PM
We have plans of visiting Canada in November. My card had a data entry error because of which I have to apply for a replacement card. It can take 3 months for that.
As I have no other proof of permanent residency (as I have to return the card with error), alternative is to get the I-551 stamp on the passport that is valid for 1 year. It works as a short term replacement of the acutal card.
What is this I-551 stamp ? Is stamping that mandatory ? What kind of documents do you need while you go for this stamping ?
If one does not plan on travelling until we receive the physical Green Card - would we still have to do this stamping ?
As I have no other proof of permanent residency (as I have to return the card with error), alternative is to get the I-551 stamp on the passport that is valid for 1 year. It works as a short term replacement of the acutal card.
What is this I-551 stamp ? Is stamping that mandatory ? What kind of documents do you need while you go for this stamping ?
If one does not plan on travelling until we receive the physical Green Card - would we still have to do this stamping ?
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kshitijnt
07-13 02:30 PM
I pity Gonzales now, may be Chertoff called him up and said why on the earth is he responding to flower campaign? Or may be Walter Reed Soldiers refused to accept mourning flowers. LOL....
I smell something fishy... is it just me???
If that is a case then maybe Chertoff needs some flowers
I smell something fishy... is it just me???
If that is a case then maybe Chertoff needs some flowers
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mrsr
06-27 10:51 PM
PO box varies with type of application you are sending
more...
Macaca
07-13 09:36 PM
‘Lou Dobbs Tonight’ Hides Good News Behind Negative View of Free Market (http://www.businessandmedia.org/specialreports/2005/lou_dobbs/dobbs.asp) By Charles Simpson Research Analyst, Business & Media Institute
CNN's Lou Dobbs - The Minister of 'Propaganda and Enlightenment' By James Opiko, 2007-05-25: part 1 (http://immigrationvoice.org/forum/showpost.php?p=106097&postcount=679), part 2 (http://immigrationvoice.org/forum/showpost.php?p=106119&postcount=680), part3 (http://immigrationvoice.org/forum/showpost.php?p=106140&postcount=681)
You Can't Even Get a Taco These Days Without One of Your Extremities Falling Off... (http://www.reason.com/blog/show/120153.html) By David Weigel, May 11, 2007
Immigrants and Prison (http://immigrationvoice.org/forum/showpost.php?p=73775&postcount=1260) By DAVID LEONHARDT (Leonhardt@nytimes.com), May 30, 2007
Truth, Fiction and Lou Dobbs (http://immigrationvoice.org/forum/showpost.php?p=73715&postcount=1255) By DAVID LEONHARDT (Leonhardt@nytimes.com), May 30, 2007
Below the Beltway By Gene Weingarten (http://immigrationvoice.org/forum/showpost.php?p=85073&postcount=354) (weingarten@washpost.com), June 17, 2007
When Demagogues Play the Leprosy Card, Watch Out (http://immigrationvoice.org/forum/showpost.php?p=85206&postcount=359), By LAWRENCE DOWNES New York Times, June 17, 2007
Stop, Stop! A North American Union! (http://immigrationvoice.org/forum/showpost.php?p=112238&postcount=718) As Some Stoke Fears of 'Dangerous' Partnership, Reality Takes a Detour By Marcela Sanchez (desdewash@washpost.com) Special to washingtonpost.com, July 13, 2007
CNN's Lou Dobbs - The Minister of 'Propaganda and Enlightenment' By James Opiko, 2007-05-25: part 1 (http://immigrationvoice.org/forum/showpost.php?p=106097&postcount=679), part 2 (http://immigrationvoice.org/forum/showpost.php?p=106119&postcount=680), part3 (http://immigrationvoice.org/forum/showpost.php?p=106140&postcount=681)
You Can't Even Get a Taco These Days Without One of Your Extremities Falling Off... (http://www.reason.com/blog/show/120153.html) By David Weigel, May 11, 2007
Immigrants and Prison (http://immigrationvoice.org/forum/showpost.php?p=73775&postcount=1260) By DAVID LEONHARDT (Leonhardt@nytimes.com), May 30, 2007
Truth, Fiction and Lou Dobbs (http://immigrationvoice.org/forum/showpost.php?p=73715&postcount=1255) By DAVID LEONHARDT (Leonhardt@nytimes.com), May 30, 2007
Below the Beltway By Gene Weingarten (http://immigrationvoice.org/forum/showpost.php?p=85073&postcount=354) (weingarten@washpost.com), June 17, 2007
When Demagogues Play the Leprosy Card, Watch Out (http://immigrationvoice.org/forum/showpost.php?p=85206&postcount=359), By LAWRENCE DOWNES New York Times, June 17, 2007
Stop, Stop! A North American Union! (http://immigrationvoice.org/forum/showpost.php?p=112238&postcount=718) As Some Stoke Fears of 'Dangerous' Partnership, Reality Takes a Detour By Marcela Sanchez (desdewash@washpost.com) Special to washingtonpost.com, July 13, 2007
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gc__aspirant
05-08 09:39 PM
I paid the whole amount for all the fees and attorney fee together and they did all the other stuff.
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apnair2002
02-04 04:10 PM
Since January 2006, the nation's Capital has been fairly quite on immigration news for a number of reasons. Firstly, the comprehensive immigration reform legislative bills were planned to be tabled in February 2006, but reportedly this has been pushed off until March 27, 2006. Secondly, the New Director of Citizenship and Immigration Services took office last months. Additionally, the career immigration benefits leader, William Yates, retired and new acting director took over the immigration benefits management responsibility. Understandably, when the heads of the organization change, pending review of the policies and directions, the organization's activities on policy making usually remain on halt.
As opposed to the immigration benefits issues, there have been flurry of news coming out of all sources throughout the country relating to the immigration enfocement and border security initiatives. There are sporatic and increasing reports that ICE has swifted the enforcement policy from leniency to reinforcement over the illegal aliens despite its inability to keep up with expanding detenion facilities to house the detained illegal aliens. The ICE has just announced that it will cease the practice of arrest and return of the border crossers and enforce detention of such border crossers. There were reports that ICE officials stopped certain traffics in certain locations in Minnesota to demand legal documents and enforced illegal immigration action against the detected illegal aliens.
Until the immigration legislative activities are recharged and energized and the new CIS Director has a handle on the immigration benefits policy and management direction, it is expected that the nation's capital may remain in low key for a while when it comes to the employment-based immigration.
source http://www.immigration-law.com/
As opposed to the immigration benefits issues, there have been flurry of news coming out of all sources throughout the country relating to the immigration enfocement and border security initiatives. There are sporatic and increasing reports that ICE has swifted the enforcement policy from leniency to reinforcement over the illegal aliens despite its inability to keep up with expanding detenion facilities to house the detained illegal aliens. The ICE has just announced that it will cease the practice of arrest and return of the border crossers and enforce detention of such border crossers. There were reports that ICE officials stopped certain traffics in certain locations in Minnesota to demand legal documents and enforced illegal immigration action against the detected illegal aliens.
Until the immigration legislative activities are recharged and energized and the new CIS Director has a handle on the immigration benefits policy and management direction, it is expected that the nation's capital may remain in low key for a while when it comes to the employment-based immigration.
source http://www.immigration-law.com/
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prashantc
01-31 11:35 AM
Thanks for all your good wishes. I am praying for all of you, you will hear the good news soon.
Hi, Virginia_desi, perhaps my observation and moral was a bit pre-fetched. But based on two big forums (IV, Murthy), Indian consulates are the only ones that reportedly delay passport deliveries by more than 10 days for some cases. I have not read a single first hand experience (not friend tales) talking about 30 days delays at any other posts. I did read about a 7 days delay at London, but that was it.
Hopefully the PIMS system will stabilize soon. My one complain is that enough forewarning should be given to the people in advance when making such big changes in visa process. There was some information from DOS on 7th and 28th Dec on Murthy.com about PIMS, but that mentioned a maximum delay of 48 hours. I dont think 48 hours can be rounded to a month in any mathematical syntax. Furthermore, people were making appointments 2-3 months in advance. They cannot change their plans on a 2 weeks notice, and even that notice did not carry credible information about delays to anticipate.
Anyways, the moral should be "stay well informed before making any immigration steps". God bless all.
Hi, Virginia_desi, perhaps my observation and moral was a bit pre-fetched. But based on two big forums (IV, Murthy), Indian consulates are the only ones that reportedly delay passport deliveries by more than 10 days for some cases. I have not read a single first hand experience (not friend tales) talking about 30 days delays at any other posts. I did read about a 7 days delay at London, but that was it.
Hopefully the PIMS system will stabilize soon. My one complain is that enough forewarning should be given to the people in advance when making such big changes in visa process. There was some information from DOS on 7th and 28th Dec on Murthy.com about PIMS, but that mentioned a maximum delay of 48 hours. I dont think 48 hours can be rounded to a month in any mathematical syntax. Furthermore, people were making appointments 2-3 months in advance. They cannot change their plans on a 2 weeks notice, and even that notice did not carry credible information about delays to anticipate.
Anyways, the moral should be "stay well informed before making any immigration steps". God bless all.
more...
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hpandey
01-24 12:07 PM
As I said before, I am never going to fly thru UK, even though I sill have a transit visa valid till Nov 2008. I can still feel the pain.
Yeah I would say get a direct flight to India via Continental or whatever else is available ( AIR INDIA would not be anyone's preference I guess ) rather than going through these idiotic countries.
Yeah I would say get a direct flight to India via Continental or whatever else is available ( AIR INDIA would not be anyone's preference I guess ) rather than going through these idiotic countries.
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vtankala
01-05 12:27 PM
Yep great idea, i completely agree with other points except point#4. we should utilize facebook.com, myspace.com, change.gov to bring more awareness.
good luck for all
good luck for all
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p_kumar
07-09 06:40 PM
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
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sundarpn
01-30 11:03 AM
GLUS,
Can you tell us more about communicating to ALIF? Is it via email?
I think all the folks who visit this thread must send out a complaint.
Also please contact your attorneys and tell them to complain on this half baked PIMS implementation.
Can you tell us more about communicating to ALIF? Is it via email?
I think all the folks who visit this thread must send out a complaint.
Also please contact your attorneys and tell them to complain on this half baked PIMS implementation.
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dudenj
09-28 08:14 AM
Good news guys, my checks have been encashed this morning, looks like they are processing july 2nd cases now, probably because of all the pressure from congressmen and all the complaints that have been going out to uscis-complaints.
Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.
Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.
My details Filed at NCS @ 9:01 am received by R.Mickels
Finally some relief, the receipt #'s are printed at back of the check and its starts with SRC so i guess it has been transferred to either CA or TX.
Hang in there guys iam sure all july 2nd filers will surely see their applications processed by early next week.
My details Filed at NCS @ 9:01 am received by R.Mickels
pitha
10-05 04:15 PM
Seems like there might be an internal memo or understanding between USCIS and DOS not to approve many Eb2 India 485 even though there dates are current, this is the only explanation I can come up for the lack for eb2 india approvals in October. Even with the limited number of visas every quarter I was hoping there would be lot of approvals because of Visa spillover occuring every quarter instead of once every year, but looking at the USCIS performance in the first week of october it seems like there wont be any quarterly spillover at all.
sotaz
06-15 04:18 PM
I have quick question about I-485 filing date. What will be the filing date, the day I mail the packet or the day they receive or the day they acknowledge the receipt.
I am asking this because I cannot file my I-485 before August 15th due to some personal reasons. So suppose I prepare everything beforehand and mail it on August 16th - will that be appropriate filing (assuming the dates remain current in August)?
Thanks. Any feedback will be much appreciated.
PD: July 2004, I -140 pending.
I am asking this because I cannot file my I-485 before August 15th due to some personal reasons. So suppose I prepare everything beforehand and mail it on August 16th - will that be appropriate filing (assuming the dates remain current in August)?
Thanks. Any feedback will be much appreciated.
PD: July 2004, I -140 pending.
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