realizeit
06-12 02:51 PM
I posted this before, but got nowhere (read: did not get the answer I hoped for), hopefully people with little bit more legalese can answer on this discrepancy.
According to 8usc 1153 (b)(3)A : "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), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
According to 8usc 1153 (b)(3)A : "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), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
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wikipedia_fan
03-31 10:19 AM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
Hello,
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
Hello,
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
bank_king2003
01-18 04:47 PM
This is the supervisor's information at newark airport and he is very keen to note that nobody is treated in an unprofessional manner. basically he is the manager of all CBP officer at newark
Newark International Airport Domenico Calise (973) 368-6000
please bring this incident of rude CBP officer at newark by calling above number so that they can take appropriate action against all the ill-treatment.
Thanks,
Newark International Airport Domenico Calise (973) 368-6000
please bring this incident of rude CBP officer at newark by calling above number so that they can take appropriate action against all the ill-treatment.
Thanks,
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nb_des
06-20 12:46 PM
Did you have a personal experience about pre-existing conditions getting covered? Or do you personally know anyone who got covered for pre-existing conditions? If so, please provide complete details. How much was the total expense? How much did they cover? Was there network negotiated charge? How much time did it talk to get the money back?
If not, there is no point in talking about hypothetical scenarios and hoping that someone would cover.
Absolutely not. The first time I thought about it was after reading post from Shirish in this thread who used it. I was personally never in favor of using Indian company and last couple of times I purchased from IMG(US based) but never used them.
This time again I am hunting for medical insurance for my parents and from based on my initial research I don;t find much benefit in using US based company either. If you know someone who have good experience with US based company in emergency situations then please post it.
If not, there is no point in talking about hypothetical scenarios and hoping that someone would cover.
Absolutely not. The first time I thought about it was after reading post from Shirish in this thread who used it. I was personally never in favor of using Indian company and last couple of times I purchased from IMG(US based) but never used them.
This time again I am hunting for medical insurance for my parents and from based on my initial research I don;t find much benefit in using US based company either. If you know someone who have good experience with US based company in emergency situations then please post it.
more...
B3NKobe
06-01 08:06 PM
@musicwithcolours: that is AWSOM!! Love the skin all the way!! Greatjob!!
Bytes4Lunch
08-20 01:03 PM
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
With different employer, you can get 3 years as well, if the new employer has filed for a new PERM and you have received an approved I-140.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
With different employer, you can get 3 years as well, if the new employer has filed for a new PERM and you have received an approved I-140.
more...
vikki76
11-04 02:25 PM
leoindiano: if they are saying that numbers are consolidated- then they must be..now just for endless wait..
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danu2007
07-14 10:40 PM
I guess its closed or moved..
more...
WeShallOvercome
07-18 05:57 PM
I have stayed long enough in United States to say that this Rep is lying.
No mail can take 4 weeks to reach.:eek:
At the most a week but reasonable it will be 3 days.
--sri
May be they are sending the rejected packets to the applicants' overseas address :D
No mail can take 4 weeks to reach.:eek:
At the most a week but reasonable it will be 3 days.
--sri
May be they are sending the rejected packets to the applicants' overseas address :D
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vactorboy29
12-11 12:35 PM
We had similar problem in 2004 .Actual mess was created by VFS .Check your online status,I think you can use your passport number to track your passport. In our case passport was transfer to different vfs office .after three days they return our passport to Mumbai consulate ,this hole process took us more than week to get passport in our hand.Dont get panic...
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annsheila79
04-20 02:11 PM
I aso suspect the same...I have asked her the website and there is no information so far. Guys dont fall for her.
what makes you think i have a website and I evaluate?? Moron, I was asking the person to get the documents evaluated and let other know, so that others who are in same position can benefit from that.
what makes you think i have a website and I evaluate?? Moron, I was asking the person to get the documents evaluated and let other know, so that others who are in same position can benefit from that.
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somegchuh
08-01 03:32 PM
I agree that MBa can help your career but I am not sure what kind of return I can get for 3 years and 50 K.
---------------
In my opnion starting your own business is always a good idea, of course with uncertainities with GC process it is another risk added to the enterprise.
In my opinion, doing an MBA from a good school can open up doors to further growth in a comapny. With jsut technical skills it can get stagnated.
Age should not be a restraint, but with age comes other responsibilities of familiy etc, those could be more limiting.
I think doing MBA from a good institute is good idea, India is really humming and has lot of growth opportunities for MBAs.
---------------
In my opnion starting your own business is always a good idea, of course with uncertainities with GC process it is another risk added to the enterprise.
In my opinion, doing an MBA from a good school can open up doors to further growth in a comapny. With jsut technical skills it can get stagnated.
Age should not be a restraint, but with age comes other responsibilities of familiy etc, those could be more limiting.
I think doing MBA from a good institute is good idea, India is really humming and has lot of growth opportunities for MBAs.
more...
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sunny1000
04-18 06:03 PM
congrats and good luck!
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ushkand
07-20 09:54 AM
Did you keep new filing fee also? When I spoke to custumer service by 800 number call, she said you have to keep new check and original sealed medical along with duplicat filing.Wish you all the best!
Yes, I basically sent in a complete new application.
Yes, I basically sent in a complete new application.
more...
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willwin
07-09 04:51 PM
I am not trying to answer your question but - earlier we were getting updates from CORE about what the lobbyists are saying - but that has stopped also ...
Are the bills hitting the floor next week?
Are the bills hitting the floor next week?
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amits
03-10 06:16 PM
It may be pending i140 from India data.
I just checked USCIS Processing Times Information pages.
- I140's are processed only at Nebraska and Texas; Not in Vermont and California.
- Vermont and California process EB based 485 applications. (So if the data is for 485 then there should have been columns for Vermont, California service center.)
- The table provided in the letter says "Pending EB applications from India".. in my communications with my attorney, the term "EB (visa) Application" was mostly referred to filing of i140 in EB category.
I just checked USCIS Processing Times Information pages.
- I140's are processed only at Nebraska and Texas; Not in Vermont and California.
- Vermont and California process EB based 485 applications. (So if the data is for 485 then there should have been columns for Vermont, California service center.)
- The table provided in the letter says "Pending EB applications from India".. in my communications with my attorney, the term "EB (visa) Application" was mostly referred to filing of i140 in EB category.
more...
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eb3_2004
04-27 07:39 AM
http://blogs.wsj.com/economics/2009/04/27/h-1b-j-1-immigrants-more-productive-than-americans-study-says/?mod=rss_WSJBlog
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petepatel
09-17 11:24 AM
Cannot hear, he is saying something:mad:
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misanthrope
10-03 11:28 AM
^^
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
That is not really an answer, you know?
I have been a long time passive audience in this joint and now I am voicing my opinion with a logical and polite discussion. What's with the god forgiving my ignorance, if any?
zoooom
08-13 02:07 PM
Mail Sent...Thanks!
Guys we will not need to take the poll if all of us send these letters..
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary Subcommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Guys we will not need to take the poll if all of us send these letters..
To, 08/05/2008
Charles Oppenheim / Visa Section
U.S. Department of State
2201 C Street NW
Washington, DC 20520
From,
Your Name/Your Address/EB-3 India Applicant
Priority Date: May 2003
Some City,
OK-2#####
Dear Sir/Madam,
Sub: Statistics on Employment Based AOS(Adjustment of Status) applications pending at USCIS under various categories
I am writing to you to express my sense of helplessness over the unpredictability of Visa Number allotment to various employment based category. I want to bring to your attention that it�s been nearly a �Decade� since we saw any meaningful Visa Date movement from year 2001 for EB-3 Green Card applicants from India.
It is important to know that despite of severe visa retrogression and random visa cutoff date movements, USICIS or DOS hasn�t released any official information on how many Adjustment of Status applications are pending at USCIS under various categories which leaves thousands of AOS(Adjustment of Status) applicants in complete darkness and dependent on guessing games by various Law firms.
A green card application requires enormous amount of efforts and money from the beneficiary and his/her employer. People who are waiting for 7-8 years now would have had already spent average $15,000-$20,000, in maintaining their statuses and keep the Green Card process going on. Being stuck in a green card process keeps us bonded with 1 employer, job type etc.
We need to know if there is any light at the end of the tunnel. We need to know for how long we have to live our life in limbo. If there is hope than we need to be patient and plan to live like that for another 1-2 years. But if there�s no light at the end of the tunnel than we need to move on with our careers and other family commitments. Only your office and USCIS can help us by releasing statistics on the number and categories of applications pending with USCIS people waiting in this category can plan their lives accordingly.
It will be a great help if DOS or USCIS could tell us about the number of AOS application pending at USCIS along with their Categories(EB-3, EB-2, EB-1) and chargeable country.
We have been waiting for a decade and continue to wait would it be reasonable to request you for some guidance with regards to the Visa allotment. I request your office to provide some statistics on home many Adjustment of Status applications are pending at USCIS.
We understand that you work with in the limits of the law as set by the Congress and are limited by various constraints that are beyond your agency realm of work. We appreciate your hard work and sincerely thank you for all the hard work.
God Bless America!
Thank you for you attention,
(Your Name OR EB-3 India Applicant )
Priority Date: April 02
Category: EB-3
Member ImmigrationVoice.Org
Copy Sent to
Honorable Secretary of State
Dr. Condoleezza Rice
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Honorable Director, USCIS
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Senator John Cornyn
Chairman - United States Senate Judiciary Subcommittee on
Immigration, Border Security and Citizenship
517 Hart Senate Office Bldg.
Washington, DC 20510
Main: 202-224-2934
Fax: 202-228-2856
Congresswoman Zoe Lofgren
Chairwoman - United States House Judiciary Subcommittee on Immigration, Citizenship,
Refugees, Border Security, and International Law
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Leo07
07-16 07:55 PM
I thought this bill has been introduced before?
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