indyanguy
08-13 04:46 PM
The other thing i'm trying is your Option 2 - If that succeeds ( before our Indian Brother files lawsuit to stop Porting) I should be good. But that's a dream because my EB3-I 140 is stuck at Nebraska - once that comes out of that hell , i should be going on full steam. It wont be difficult to find a Job with my skillset who will sponsor me a new PERM and new EB2 140 and port my Lousy Eb3 140 Priority Date.
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
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munnu77
03-09 10:39 AM
indio0617...thank you for the updates...thank u very miuch
Kodi
06-29 03:49 PM
WOW that's really long. You should ask your attorney to file an inquiry.
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hsd31
09-01 01:12 PM
Aug 2000: Came here on F1
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
Oct 2002: MS complete, transfered to H1
Dec 2004: 1st Labor, EB3 - stuck in BEC
Mar 2007: Laid Off, labor still pending, lost PD
April 2007: New Employer, required to wait 6 months before GC process starts, missed the July Fiasco
Oct 2007: 2nd labor, EB2 - stuck in Business Requirement Audit
Oct 2008: Changed Employers, 3rd labor, EB3 - New company had other pending EB2 audit, lawyers played safe.
Never worked for a desi or consulting company. All my Employers were American and Fortune 500.
more...
santb1975
06-02 03:17 AM
No contributions today
CADude
07-18 04:16 PM
priti8888, What is the USCIS 485 processing date in your senario?
Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
I am still confused in regards to who whould be eligible for a visa number.
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
I am still confused in regards to who whould be eligible for a visa number.
For instance (assumption:all other factors same for both A and B(name check, country etc)
Senario A
EB3
PD 2004
485 receipt date 2005
OR
Senario B
EB3
PD 2003
485 receipt date 2006
So under present circumstances when everything is current, who whould get alloted a visa number first??
more...
SkilledWorker4GC
07-15 02:50 PM
Total So far 1340.00. We are Well short of our target of 2000.00. Let's Go Guys. $5 to IV = Hope for GC = Subway FootLong Sub.
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ssunka01
09-05 09:21 PM
I am having a home loan with ICICI. I strongly recommend do not go with ICICI. They are very fast to increase variable APR. If it declines their comment was who are watching a market. In one instance all other banks reduced their VR but not ICICI. When I emailed ,they simple said we will let you know if there any changes but never reduced. In case increasee even before announcement by RBI, they increased my APR. More over If I want to repay earlier they are charging 2% penalty. so I stongly advice do not look ICICI bank for load if you want save some money. They are not right when it comes to loan. I had always difficult to change my address on my A/c
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lonedesi
08-04 04:14 PM
Letter to be sent for an I-140 petition pending at TSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners
I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.
Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
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bigboy007
06-03 09:52 AM
Looks like but i went on to current text and just said what they want it to be , and got up with it. and hence i have posted the paragraphs of previous laws as well.
more...
santb1975
05-29 11:33 PM
Have not reached 20K yet
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Macaca
01-06 11:18 AM
Vivek Wadhwa Bio (http://www.soc.duke.edu/GlobalEngineering/project_facultystaff.html)
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
Vivek Wadhwa is an Executive in Residence/Adjunct Professor for the Pratt School of Engineering at Duke University and a Wertheim Fellow at the Labor and Worklife Program at the Harvard Law School.
He is also a technology entrepreneur and a columnist for BusinessWeek.com. Wadhwa was named a "Leader of Tomorrow" by Forbes.com, and his company Relativity Technologies was named as one of the 25 "coolest" companies in the world by Fortune Magazine.
Mr. Wadhwa holds a B.A. in Computing Studies from the Canberra University in Australia and an MBA from New York University.
more...
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anju
08-10 01:05 PM
Is there a way to find out if they already sent the receipt and we have not received it? My lawyer says they haven't received any receipt yet but I also think they are keen on applying more then updating us with receipts notice. I understand that. Will any one at USCIS tell us if they sent us the receipt?
-Anju
-Anju
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
more...
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eb3_nepa
03-13 01:24 PM
Looking through the ammendments, one that stuck out was about the drunk driving conviction. The ammendment makes it a deportable crime. Well, not that we would ever be stupid enough to drink and drive. But, if you do, and you get caught, be aware of the serious implications it may have.
Arihant, i thought that was only for illegals. Somehow i dont think that Drunk driving is one of our major problems ;-)
Arihant, i thought that was only for illegals. Somehow i dont think that Drunk driving is one of our major problems ;-)
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saikatmandal
09-11 04:55 PM
Saw the Oct Visa Bulletin ....
Future of EB3 applicants look very bleak ...
I cannot make it to the DC Rally but my small token contribution to this effect.
I wish this rally a grand success !
EB3
PD June 2003
I-140 Approved
I-485, EAD, AP - Applied Aug 7, 2007
Future of EB3 applicants look very bleak ...
I cannot make it to the DC Rally but my small token contribution to this effect.
I wish this rally a grand success !
EB3
PD June 2003
I-140 Approved
I-485, EAD, AP - Applied Aug 7, 2007
more...
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skgs2000
12-11 04:10 PM
Hi Pappu and IV seniors,
I will contribute to IV generously(monetory and otherwise) if you help us with the filing of EAD/I-485 for approved 140's. Please do some magic so that it happens.
I will contribute to IV generously(monetory and otherwise) if you help us with the filing of EAD/I-485 for approved 140's. Please do some magic so that it happens.
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cheg
07-23 04:00 PM
Thanks for the quick reply. So in my case since my husband doesn't have a RD yet for our I-485 then once we do get our RD, we can calculate that 2 yrs from that time we'll have our card ordered as well. :D :D :D I'm crossing my fingers!
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
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pappu
12-21 10:41 PM
yabadaba, we will always have tough opposition when we try to do something. Your op-ed was very good and some people could not swallow it. You know some people can't imagine anyone from your country having good english! All these media efforts help us raise awareness, send our message across to the masses to counter anti immigrant propaganda. Due to our press coverage lawmaker offices too have started to take us seriously. Thanks to you and other IV members that are constantly helping this organization in media efforts, whether it is as small as writing emails, getting interviewed or writing articles. All these media successes are on zero budget. All IV members are our PR agents and PR firms.Thanks.
gcretroiv
02-10 01:24 PM
I second that VIVA , you are 100% correct
JunRN
09-28 07:43 PM
Hopefully, they can repeat the same madness again and do it for good this time around.
Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.
So ROW and Philippines filers, hang-on!
Looking at , it seems that latest approvals really come from ROW and Philippines for EB2 and EB3.
So ROW and Philippines filers, hang-on!
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