chmur
07-27 06:28 PM
Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
1. Revert back to the vertical spillover rule. OR
2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.
Let me offer my answers to the questions above:
1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.
I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers
None ....
Eb3-I has to explain it's position and request DOS to suggest an alternative method to mitigate the starving under the given laws.
As suggested earlier which requires change in law and which does not is not clear to any of us. DOS itself has had contradictory implementations over the years.
I am baffled that you think anyone of us can actually dictate DOS what to do.
wallpaper pictures I miss you lots and I
GC_sufferer
07-08 10:46 AM
Found this from Chinese website:
http://www.mitbbs.com/article_t/Immigration/22918275.html
http://www.mitbbs.com/article_t/Immigration/22918275.html
Madhuri
02-17 04:52 PM
Your receipt number for this payment is: 1326-1716-9434-4395.
2011 We love you ♡.
naidu
11-17 03:13 PM
Done
more...
dkshitij
02-18 04:05 PM
Same for me. What do I need to do to get access to donor forum ?
You need to be signed up for recurring donations. One time donation does not count.
You need to be signed up for recurring donations. One time donation does not count.
needhelp!
02-11 06:58 PM
You can paypal to donations@immigrationvoice.org
Or use online payment from your bank login.
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
Or use online payment from your bank login.
IV,
I know you don't want us to use paypal - but I think that might be delaying lot of contributions.
Here is my case - I have a very hectic work schedule -so by the time I go home I forget to write and send a check. If I could do paypal then would be no problem as I can do from any where - work - from phone - anywhere.
Just a thought.. I have been planning to send $50 or so but kept on forgetting. Don't get me wrong but telling the truth here.
more...
amitjoey
05-23 04:35 PM
Sent email to 2+10 senators.
Thanks, please also webfax. It is just one click.
Thanks, please also webfax. It is just one click.
2010 Giant #39;Love You Lots#39;
stemcell
02-01 10:25 AM
I have been thinking in similar lines for quite sometime now. I have decided to wait till September 2012 to see if dates reach my PD which is October 2007.
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
If not i am strongly looking at New Zealand too...At least for me i want to work/live in a western country as locums and relax in India when i am off...I dont see myself working in India full time, at least not at this point.
This may not work for most folks but being in Health Care, i have this option.
I wish you the very best !
more...
rdehar
10-09 09:42 AM
gjoe: "It would be more effective atleast" ...
Agreed. The current system makes old filer feel very insecure.
If you are in a queue for a long time, and then when your turn arrives, USCIS announces it is a "free for all" ...
Agreed. The current system makes old filer feel very insecure.
If you are in a queue for a long time, and then when your turn arrives, USCIS announces it is a "free for all" ...
hair I LOVE YOU! I MISS YOU!
n2b
08-14 08:29 AM
We have received FP notices for our 485 applications that reached USCIS on July 2nd (EB2/India)
Good luck to all other IV folks.
what is ur FP date & location? thank you.
Good luck to all other IV folks.
what is ur FP date & location? thank you.
more...
myvoice23
08-13 12:14 PM
Hi,
Did you receive any CPO email or welcome notice sent email?
Good luck!
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
Did you receive any CPO email or welcome notice sent email?
Good luck!
Yes I received Welcome notice (I-797C approval notice). I am still waiting for my cards.
Today my status got changed to
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On August 12, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
So I am expecting my cards should arrive by friday (aug 15th).
hot I love you and miss you lots.
Shaikhtabrez
07-12 01:01 PM
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
does this mean one cannot use wad for primary job?
does this mean one cannot use wad for primary job?
more...
house i love you lots quotes.
vdlrao
09-10 02:18 AM
Hello,
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Ya I presume your assumption is right regarding EB-2 forward movement. But on a whole the EB-2 India/China dates havent forwarded up to my predictions. But we could expect a steady and consistent movement of EB-2 India/China ahead.
Don't like EB-3 dates...but looking at EB-2 dates, does this mean that from now on we will see only forward movement in EB-2 I/C dates?
If the first month of the new year didn't retrogress, would every month see a movement of week or two? Or keeping in great USCIS tradition, this is just another 'fluke'? ;)
Ya I presume your assumption is right regarding EB-2 forward movement. But on a whole the EB-2 India/China dates havent forwarded up to my predictions. But we could expect a steady and consistent movement of EB-2 India/China ahead.
tattoo Lots and lots and lots – the
diptam
06-26 04:03 PM
I have to get the EMP LETTER latest by Friday June 29th from employer.
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
For that i have to sign the agreement by June 28th Noon time.
Today is June 26th and they are still working on agreement with their lawyers and would probably give me the final agreement tomorrow 27th noon time.
Between 27th Noon and 28th Noon how can i consult a lawyer ??
I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.
All depends on the wordings of the contract.
Please consult a good lawyer BEFORE signing any contract.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
pictures always love you lots~~ ^^v
dvb123
05-02 11:48 AM
I know that IV core members are busy with their own jobs and helping with IV but I think this is an important discussion because it can be done with an administrative fix. If primary applicants are allotted GC's from EB 1,2 and 3 and dependents from FB2A it saves a lot of visa numbers. Somebody pls contact IV core directly and get them involved in this discussion.
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
This concept is not unique and is being done for age out children before CSPA (Child status protection act) and for children of US citizens and permanent residents who get married before getting GC.
PLS SEE THIS VERY IMPORTANT ARTICLE
http://www.ilw.com/articles/2004,1221-wheeler.shtm
dresses i love you lots quotes. love
lotres
11-21 03:29 PM
Dear Mehul,
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
You are a great inspiration of strength to the rest of us, miracles do happen and don't loose hope...my thoughts and prayers are with you!
AS for GC, I have a coworker whose dad, the primary applicant , passed away, and only 1 dependent was able to continue process and just recently got his GC. Most likely, your wife will not be forced to return home.
Stay strong and positive!
more...
makeup I miss you lots and I love you
mpkmaster
06-26 09:41 AM
The process of converting of the American society into a Latino-Mexican one is well on its way and progresses.
This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
You don't deserve to get a green card!
What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
Shame on you!
This and many other threads have undoubtedly a huge racist component and we urge the administrators to quickly remove them.
You don't deserve to get a green card!
What is the difference between that anti-mexican speech and Sensenbrener's & Tancredo's theories?:(
We could say" We are not going to worship cows and take ritual baths in dirty rivers..."
Shame on you!
girlfriend Can you say lots and lots of
sent
03-26 09:09 AM
Just curious
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
EB3-India with PD 2003 and before - Most will be out by December 2008 -
Perhaps 10% may still rot in NC further.
EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
Perhaps 20% may still rot in NC
further.
EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
Perhaps 5% may still rot in NC
further.
EB3-India May 2005 Onwards - Can not predict - It is good to look for other
options and that option certainly MUST not
be switching to EB2
hairstyles Wombats: I love wombats!
rangaswamy
07-06 05:24 PM
to generate more support, I live in Bay area and I am very willing to participate.but cant at such short notice. we need to generate some media awareness before we organize a rally so that we get coverage.. any idea who is organizing this?
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
chanduv23
02-18 02:36 PM
thanks kumar_459. Just one for today so far.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
Wondering if IV sent out a newsletter yet. That would actually bring in more people.
lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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