msp1976
02-11 12:39 PM
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(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), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
-Quote
(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), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
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nogc_noproblem
01-30 10:10 PM
Now it is 24 and 27
raj1998
04-19 08:47 AM
My M.C.A was 3 years. this will help?
-vga
I think you have gathered quite some info. Best suggestion is to talk to a lawyer and let him have a look at your case... I think you have a chance
-vga
I think you have gathered quite some info. Best suggestion is to talk to a lawyer and let him have a look at your case... I think you have a chance
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uma78
08-25 01:09 PM
Guys,
I have tired MoneyOrder and it is fast (in minutes), reliable (from my experience) and very close to the market rate.
Uma
I have tired MoneyOrder and it is fast (in minutes), reliable (from my experience) and very close to the market rate.
Uma
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virens
07-16 07:32 PM
Signed
vbkris77
03-10 06:37 PM
The stats you are refering to are total I485s. They include FB, Asylum etc. You are missing our China friends. They may have atleast 100K apps pending.
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Vexir
06-04 08:11 PM
Chunk thats a nice one but it looks unnatural. Something about the white on the front...
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NKR
08-20 12:56 PM
NKR - Sorry, I wasn't very clear and it got misunderstood.
What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.
How are things going on your side, NKR? Good Luck.
I am an early 2004 EB2 filer. I am hoping that mine would get approved at least before Oct. My EAD, AP, H1 and DL is getting expired in Oct. Glad to know that citizenship is making a difference in your life. I am happy for you. Good Luck
What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.
How are things going on your side, NKR? Good Luck.
I am an early 2004 EB2 filer. I am hoping that mine would get approved at least before Oct. My EAD, AP, H1 and DL is getting expired in Oct. Glad to know that citizenship is making a difference in your life. I am happy for you. Good Luck
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rameshk75
08-19 01:55 PM
Congrats and n'joy the life...i understand your anxiety and you deserve it...
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gcisadawg
04-16 09:36 AM
For my situation discussed above, I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
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willigetagc
08-19 02:04 PM
I understand your frustration. Believe me I have gone thru the same.
When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.
One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.
I know, the wait time is long, but it is worth it every bit.
Good Luck to everyone.
Hmmm so you have been a victim of random processing too? The situation is a mess no doubt. But this random processing really hits where it hurts the most...
IF ONLY everyone who gets a GC approval or citizenship could work at the CIS for a year... a sort of community service.... All of the problems wrt the random processing will go away...
I am sure most people on this board can hit the ground running and don't require extensive training... unlike the present day IOs.
When I filed for my I-485 in 2000, the PD was current for me for 23 months in row when it got approved. Can you believe this? PD was current for whole 23 months while I-485 was pending.
One of my goals is to help my future legal immigrants. Being a US citizen gives me vote voice and power. I am open to suggestions. I would like to help my fellow legal immigrants.
I know, the wait time is long, but it is worth it every bit.
Good Luck to everyone.
Hmmm so you have been a victim of random processing too? The situation is a mess no doubt. But this random processing really hits where it hurts the most...
IF ONLY everyone who gets a GC approval or citizenship could work at the CIS for a year... a sort of community service.... All of the problems wrt the random processing will go away...
I am sure most people on this board can hit the ground running and don't require extensive training... unlike the present day IOs.
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gcisadawg
04-08 07:47 PM
On March 30, we all 3 received soft LUDs and on March 31, my wife was issued a RFE. This is about her incomplete TB test. We have till May 1st to submit the evidence.
My wife couldn't do TB test since she was pregnant when we filed I-485 in Aug 2007. Now she is in India and be back only in the first week of June. If we receive an RFE for her TB test ( my PD is EB3-I Oct 2003), can we request an extension for RFE? Is that possible?
-GCisaDawg
My wife couldn't do TB test since she was pregnant when we filed I-485 in Aug 2007. Now she is in India and be back only in the first week of June. If we receive an RFE for her TB test ( my PD is EB3-I Oct 2003), can we request an extension for RFE? Is that possible?
-GCisaDawg
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Abhinaym
09-25 10:03 AM
In any system if you club large group of applicants based on a dichotomy, and say you will get lesser share than the rest, isn't that how you describe preferential treatment ? Is there any other way to describe the current country-quota system?
.
Continuing on your example. Let me give another example of why this quota system is ridiculuous. Let's consider a Srilankan Tamil and an Indian Tamil. What would be so different between the two, in terms of social contribution to the US, that the 'diversity' rule makes an actual difference? Again what is the great benefit achieved by making it easier for one group to get a GC over the other? You can even think of other examples too.
I dont' want to start off a culture war here by making controversial statements, but try to understand the core of what I'm trying to say. That is, there is no perceivable difference between you and I, at least in terms of employability, that this diversity concept can make a meaningful benefit out of.
In fact it probably makes much more economical sense to have quotas based on the subject's political or scientific inclination rather than national origin! In today's connected world, nationality has no meaning.
.
Continuing on your example. Let me give another example of why this quota system is ridiculuous. Let's consider a Srilankan Tamil and an Indian Tamil. What would be so different between the two, in terms of social contribution to the US, that the 'diversity' rule makes an actual difference? Again what is the great benefit achieved by making it easier for one group to get a GC over the other? You can even think of other examples too.
I dont' want to start off a culture war here by making controversial statements, but try to understand the core of what I'm trying to say. That is, there is no perceivable difference between you and I, at least in terms of employability, that this diversity concept can make a meaningful benefit out of.
In fact it probably makes much more economical sense to have quotas based on the subject's political or scientific inclination rather than national origin! In today's connected world, nationality has no meaning.
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485Mbe4001
09-17 02:27 PM
this seems to be the plan all along. Keeping pushing the ammendments and divert the discussion from the actual issues. A tactic to run down the clock, shows that he is doing something but nothing gets done. Helps the anti immigrants but royally screws us. Same will happen in the House and Senate if this thing moves forward....just venting after watching this snail crawl..god knows why they waste taxpayer money by adding ammendments and wasting everybodies time.
Smith is bringing his 8th ammendment. Lets just sleep guys.
Smith is bringing his 8th ammendment. Lets just sleep guys.
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franklin
07-12 11:21 AM
We should update the question in the poll and make it specific only for people who live in and around of bay area, else the 'no I cannot attend' will be from all IV members who have no way to attend since they dont live in the bay area.
At this point, I am assuming that everyone that said "no" its because they don't live nearby :)
At this point, I am assuming that everyone that said "no" its because they don't live nearby :)
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EB3IFiasco
05-25 09:57 PM
here is the link http://www.govtrack.us/congress/bill.xpd?bill=h110-6938
looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:
This link looks to be from the HR. Menendez bill is in the senate. The text of the bill is not available at this time.
http://www.thomas.gov/cgi-bin/bdquery/D?d111:17:./temp/~bdgY3q::|/bss/|
looks like this bill will not go no where ...there is only 3 cosponsors..:mad::mad:
This link looks to be from the HR. Menendez bill is in the senate. The text of the bill is not available at this time.
http://www.thomas.gov/cgi-bin/bdquery/D?d111:17:./temp/~bdgY3q::|/bss/|
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Oli-G
06-16 10:14 PM
Cheers guys!
Just did a rough sketch on paper, and then drew it up in vector, no secret really... and to be honest it isnt perfect at all, but turned out ok.
I guess drawing it at a larger scale then shrinking helped with some of the fine tuning.
Just did a rough sketch on paper, and then drew it up in vector, no secret really... and to be honest it isnt perfect at all, but turned out ok.
I guess drawing it at a larger scale then shrinking helped with some of the fine tuning.
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neverbefore
10-30 03:03 AM
Congratulations to all you guys who have got their 485s approved. It is great to hear the stories of old times from people like alterego.
Wishing everyone the best. May happiness visit all of us here and not just through and because of green card
Wishing everyone the best. May happiness visit all of us here and not just through and because of green card
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vin13
09-17 11:27 AM
Guys, we have come this far now..be patient...hang in there.
rkg000
04-19 09:54 PM
Found one more without good education.
Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.
Got to hand it to you man, your comments are Hilarious. You heard this .."Fool me once, shame on you; fool me twice, shame on me". You said USCIS is screwing you you by giving H1 and GC to these lesser degree fellas, and shame on them for doing this, yet you stand in line to get screwed by USCIS, everyday, again and again. And you are standing in line for what? the past 10 yrs only to get screwed everyday. I don't understand the desperation. Anyway, hope you get your GC soon. I don't know which is more fun for you, getting GC or standing in the line.
bailoor
10-08 11:17 AM
Older generation men always put their savings in LAND and the women in GOLD. Both are ASSETS.
The new generation thought stock market is for educated people where you understand the company principles/profits/analysis etc... But it is turning out more like GAMBLING.
Friend,
I am from Bangalore. Most of the major cosmopolitan cities prices will remain stable(10-15% changes) . If you are looking at long term investment, go ahead and buy LAND.
After 5-10 years, you can sell and use it for your kid's education or you can construct
rental houses.
Make sure the LAND documents are correct and there is proper security for it.
Good Luck.
The new generation thought stock market is for educated people where you understand the company principles/profits/analysis etc... But it is turning out more like GAMBLING.
Friend,
I am from Bangalore. Most of the major cosmopolitan cities prices will remain stable(10-15% changes) . If you are looking at long term investment, go ahead and buy LAND.
After 5-10 years, you can sell and use it for your kid's education or you can construct
rental houses.
Make sure the LAND documents are correct and there is proper security for it.
Good Luck.
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