optimystic
09-10 09:36 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
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Humhongekamyab
04-30 02:33 PM
Can somebody post the link please?
http://judiciary.house.gov/schedule.aspx
http://judiciary.house.gov/schedule.aspx
ganguteli
03-06 04:02 PM
Congrats everyone getting soft LUDs
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susie
07-15 12:12 PM
I thought about posting my case details and now the complaint has been filed feel it is only fair to share with others as my case could set a presidence for others
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
I will keep story as points for ease
1. Husband moved to the USA in 1998 on L 1 inter company transfer
2. In 2000 company applied for I 140 for husband and approved May 2001
3. Within one year of I 140 approval, husband submitted I 485 for himself and youngest son. At the same time filed I 824 for son who was living abroad and was to follow to join once degree was finished. per I 485 instructions which still state to follow this procedure if minor child abroad.
4. Son abroad became 21 years in April 2002 and also subject to patriot act.
His I 824 was pending at enactment of CSPA.
5. In Oct 2002 we received a denial letter for 1st I 824, this letter did not say "aged out" just said re submit new I 824 once husband received his green card (so no final determination )
6. May 2004 submitted new I 824 for son abroad, this was approved Aug 2004
7. As no news from consulate by Jan 2005, sought assistance from Congressman Weldon. Eventually in Oct 2005 (via e-mail) The American embassy in London advised congressman my son aged out
8. After many consultations with different attorneys, who all said son was protected under cspa, started to get file together to file complaint.
9. Had difficulty finding attorney who understood the cspa well enough or willing to challenge.
10, In early 2006 husband became unwell and passed within a matter of a few weeks
As husband (the petitioner ) passed away I thought all hope was lost. Thanks to reporters printing my story an attorney came forward and offered assistance. All assets were frozen but the attorney kindly took case on a pro- bono
The complaint was filed March 2007, on the basis the first I 824 was denied in error.
The cspa is not retroactive as a rule and son is covered under limited exception as I 824 was filed before he was 21 years and pending at enactment of cspa.
There has recently been a new cspa court case that has approved a retroactive case, so there is hope for us all
more...
fromnaija
06-01 05:02 PM
All this is speculative. Nothing is firm until this becomes law. Nobody knows what the final version will be as there are tons of amendments trailing this bill.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
imh1b
05-07 02:34 PM
I was able to call 8 offices during my lunch hour yesterday. I also called my local Senator's office. I will try to call more next week.
more...
red200
12-10 07:31 PM
IV can you please shed the light on this. EAD is a step closer Greencard. One will eventually get one. Even when some one is waiting on EAD he/she almost have all the benefits of GC except to renew each time
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gonecrazyonh4
04-25 12:54 PM
Maybe highly intelligent people make irrational decisions.:)
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
Many of the H1B's are so involved in their work , they really donot follow their green card procedure and pressure their employers for better deal on filing their papers even when they have the chance.
New H1B's coming into the country should be given some guidance on the permanent residency process so that they donot end up like many of us in the forum waiting for years to get their residency.
more...
tinamatthew
07-20 12:37 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet - Schedule A applicant)
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bpratap
05-15 06:10 PM
But were U able to get the loan at the end ?
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nk2
07-16 09:24 AM
Paid 50$ thru DCU Bill pay - conf number 7YHRV-XC1JL
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eb3retro
03-11 01:37 PM
Hi eb3retro,
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.
I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.
Thanks.
my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE
I understand from your signature that you Receipt date is 7/2/07. was your case transferred to Vermont or something and transferred back to TSC. Do you know what was the Receipt date mentioned in the Transfer Notice.
I am just trying to guess when they may come to my case. My receipt date for 485 was from Vermont and is 7/31/07. But then it was transferred back to Texas and this has a Receipt date of 10/1/07. I am just trying to find out which Receipt date will be considered to pre-adjudicate my application.
Thanks.
my case was never transferred from anywhere..it remained in NSC. my gut feeling says that they have gone past ur case, since you are in 2002 and i am in 2003, in which case, you probably will not get any RFE
more...
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isedkeem
03-06 10:11 AM
Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
Good luck!
Immigrating legally to the U.S seemed like a gold opportunity when I was offered to work here six years ago with an H1B visa. As a matter of fact, all my friends and family considered that it would have been crazy not to take advantage of the "opportunity" to live and work in the most developed country on Earth.
It's been six long years of challenges and learning experiences, but mostly it's been six years of financial distress, anxiety, paralysis and uncertainty.
We applied for PR four years ago, but in the process my wife and I have eaten all our saving in lawyer fees - and at this point we're just one more number in the long list of EB3 applicants who don't have the remotest idea of when visa numbers will become available so we can have a normal life. I don't even consider traveling to my country cause I don't have the money to pay for APs for me and my wife. My career has been also frozen since I cant take promotions to higher positions that will fall off the job description stated in my PERM.
If I had known about this ordeal, I would have never come to the US. I would have looked for other options, in countries that have a more sincere and generous immigration policies instead. If the US is not interested in allowing people to legally immigrate through visas based on employment, they simply should eliminate these visas and make clear that they don't want us to stay. Wouldn't that be easy for everyone?
I would return to my country if we didn't have a nasty political turmoil and the social decay that comes with it. Yet, I feel that the days go by and our lives are entangled in this absurd situation.
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silibili
05-11 11:01 AM
Hello all,
I have finished calling all the republicans from the list. here are my
experiences. Most senator aides were patient and took down messages, i
have listed the different ones.
Senator Judd Gregg (R-New Hampshire) : does support high skilled
provisions...*yay*
Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
abt legal immigration reform and took name, number, zip , msg to pass
to senator.
Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm
Senator John Cornyn (R-Texas) : aide not very patient. asked to call
my state senator.
Senator John Kyl (R-Texas) : aide was very patient, and understanding,
and had a chat about current immigration scenario. Senator Kyl is
supportive of legal immigration, he intro/supported one bill for us in
2007 but it failed to pass. He said that the senate politics is not
letting high skilled immigration reform pass. he does not support
amnesty, he wants border secured, etc before fixing broken legal
system
Please call and share your experience.
Thanks.
__________________
* Contributed money to IV
* Trying to get locals involved
I have finished calling all the republicans from the list. here are my
experiences. Most senator aides were patient and took down messages, i
have listed the different ones.
Senator Judd Gregg (R-New Hampshire) : does support high skilled
provisions...*yay*
Senator Michael Enzi (R-Wyoming) : aide was very patient and chatted
abt legal immigration reform and took name, number, zip , msg to pass
to senator.
Senator Lindsey Graham (R-South Carolina) : went to vm twice. left vm
Senator John Cornyn (R-Texas) : aide not very patient. asked to call
my state senator.
Senator John Kyl (R-Texas) : aide was very patient, and understanding,
and had a chat about current immigration scenario. Senator Kyl is
supportive of legal immigration, he intro/supported one bill for us in
2007 but it failed to pass. He said that the senate politics is not
letting high skilled immigration reform pass. he does not support
amnesty, he wants border secured, etc before fixing broken legal
system
Please call and share your experience.
Thanks.
__________________
* Contributed money to IV
* Trying to get locals involved
more...
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lonedesi
08-08 11:08 AM
Its been close to 2-3 weeks since Ombudsman's office got to know about this issue. Inspite of them contacting TSC they still do not have a response yet. So now its time to send Ombudsman's office with completed Form 7001 so that they get to investigate your individual case and assist you. They are obligated by law to investigate and respond to your request. The more people send out those forms, the more important it becomes for them to address this issue on a priority basis. So please take the time to mail out the forms soon.
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mk26
08-13 08:25 AM
Its high time for us who are already in US in H1 and struggling to get green card, as I know the tend to come to US in new college grads from India are reduced now..which is a good sign for India and bad sign for this country..now we are the ones who are in middle of ..
and these morons don't even try to solve the real problem, they should ban this H1 Visa program if this was so badly abused..this is all for vote bank..
and these morons don't even try to solve the real problem, they should ban this H1 Visa program if this was so badly abused..this is all for vote bank..
more...
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ashokmohan
06-13 10:45 AM
You just paid without exposing your financial information.
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Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
$ 100
Receipt ID: 5190-9283-7820-4961
An email with your order summary has been sent to ashokmohanrajes
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chintu25
03-09 10:42 AM
Good one ..itsnotfunny....but I will tell you that each one of us does wait with baited breath for the VB .
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
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willIWill
12-10 07:12 PM
Repenting that i miised the chance, and should have applied at that time.
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
Even if you had applied then when single, no difference my friend.
One still needs to retain the H1 so their dependants could have the H4. So, until the dates open up again there is no end in sight for the other benefits such as EAD etc.
If it is any solace, you actually did not miss the boat!
mpoov
02-27 11:47 PM
is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
no hope.. everything has made mess!!
no hope.. everything has made mess!!
deardar
09-14 12:13 PM
bumping!
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