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iak1973
04-01 12:48 PM
India/China Quota numbers � Update | Klasko, Rulon, Stock & Seltzer, LLP: Blog (http://blog.klaskolaw.com/2011/04/01/indiachina-quota-numbers-update/)
India/China Quota numbers � Update
April 1st, 2011 by William Stock
While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.
A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.
It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.
We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.
Counting the dates..... Thank you all in IV team; great work
India/China Quota numbers � Update
April 1st, 2011 by William Stock
While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department�s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.
A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 �Visagate� debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.
It�s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year � but applicants would lose their filing fees if the numbers retrogress later this year.
We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department�s thinking.
Counting the dates..... Thank you all in IV team; great work
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unseenguy
06-16 12:55 AM
Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.
Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...
I am not supporting any fraud, but what I said is, if you find workplace discrimination and contact a career guide, they ask you to find another job. Most sincere career guides will not support lawsuits or retaliation against employer unless you are not in a position to find other work. Even read career sites for women and advice, even in cases of sexual harrassment, they ask the victim to move on as a sensible thing to do, because in the end the company will somehow make the victim lose her job. There have been 1000s of USC Vs USC cases. I am not supporting any fraud but what I am saying is retaliation leaves bad taste in the mouth and world is a small place. For larger good of your rest of career best thing to do is move on.
Only some crooked lawyer who wants money will tell you, you are doing the right thing.
Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...
I am not supporting any fraud, but what I said is, if you find workplace discrimination and contact a career guide, they ask you to find another job. Most sincere career guides will not support lawsuits or retaliation against employer unless you are not in a position to find other work. Even read career sites for women and advice, even in cases of sexual harrassment, they ask the victim to move on as a sensible thing to do, because in the end the company will somehow make the victim lose her job. There have been 1000s of USC Vs USC cases. I am not supporting any fraud but what I am saying is retaliation leaves bad taste in the mouth and world is a small place. For larger good of your rest of career best thing to do is move on.
Only some crooked lawyer who wants money will tell you, you are doing the right thing.
gc_nebraska
08-13 04:49 AM
hi,
just wanted to see if anyone who is in a similar situation as me but is current got their GC recently, in july or aug 2010.
I got married in june 2007, just prior to the july fiasco. I was able to file for AoS in july 2007,
and soon after got an RFE for evidence of marriage for my wife. We responded to the RFE immediately, and since then, my case status says "initial review" while hers says "we received your response to the RFE", dated sep 2008.
I will be current next month - just wondering whether the RFE processing might end up taking a lot of time and thus spill over into next FYs visa bulletins (which have a small chance of retrogressing back by a few months presumably).
Has anyone who received their GC in the past few weeks been in a similar situation with status shown as "received response to your RFE" but no updates since....and still gotten their GC soon after their dates became current?
any data points will be helpful.
thanks,
-fb
Hi Foobar ,Mine is excatly the same case as yours , as of this month iam current so far no luck but will let you know with any updates .. good luck .
just wanted to see if anyone who is in a similar situation as me but is current got their GC recently, in july or aug 2010.
I got married in june 2007, just prior to the july fiasco. I was able to file for AoS in july 2007,
and soon after got an RFE for evidence of marriage for my wife. We responded to the RFE immediately, and since then, my case status says "initial review" while hers says "we received your response to the RFE", dated sep 2008.
I will be current next month - just wondering whether the RFE processing might end up taking a lot of time and thus spill over into next FYs visa bulletins (which have a small chance of retrogressing back by a few months presumably).
Has anyone who received their GC in the past few weeks been in a similar situation with status shown as "received response to your RFE" but no updates since....and still gotten their GC soon after their dates became current?
any data points will be helpful.
thanks,
-fb
Hi Foobar ,Mine is excatly the same case as yours , as of this month iam current so far no luck but will let you know with any updates .. good luck .
2011 Diana: The Witnesses in the
godbless
01-16 10:02 AM
My attorney is asking for my I 94 to file for my h1 extension that is expiring in June 2007. Which I 94 should I give him the one that I currently have which says Parole till 01/26/2007 or the one thay I got with my h1 approval notice earlier that says H1 valid till 06/2007??
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bayarea07
09-11 08:23 PM
Called rock Boucher as well
Rick Boucher (D-Va.) 202-225-3861
Rick Boucher (D-Va.) 202-225-3861
vinurenu
05-17 05:44 PM
My husband is a physical therapist and he received the RFE for I-485
to submit the visa screenning certificate and NPTE exam results by June 13th. He will be able to submit
the visa screenning certificate only by july 2nd week.Can you please tell me is there any way he can get
sometime to submit the visa screening certificate.
Currently he is in L2 visa and the L2 visa is getting expired on June 20th, we applied for I94 extention.
I am in L1 visa and my company is asking me to goto India. So my husband can't stay in US in L2 status (after I leave).
He has to stay in US depends on the I-485 processing.
By any chance, if I-485 is denied, Pls tell me whether he can stay in US after the denial.
Do we have any timeframe to submit a new I-485 ?.
Pls provide your suggestions.
to submit the visa screenning certificate and NPTE exam results by June 13th. He will be able to submit
the visa screenning certificate only by july 2nd week.Can you please tell me is there any way he can get
sometime to submit the visa screening certificate.
Currently he is in L2 visa and the L2 visa is getting expired on June 20th, we applied for I94 extention.
I am in L1 visa and my company is asking me to goto India. So my husband can't stay in US in L2 status (after I leave).
He has to stay in US depends on the I-485 processing.
By any chance, if I-485 is denied, Pls tell me whether he can stay in US after the denial.
Do we have any timeframe to submit a new I-485 ?.
Pls provide your suggestions.
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glus
06-29 07:02 PM
I'm not getting this. If DOS/USCIS wants to retrogress the current dates then why they will wait for july2nd or 3rd. As they know people will file their applications by 29th june or they will try to deliver their applications by 2nd of july. So,if this rumour is really true then they would have posted revised bulletin in this week only , latest by today only, so that people will stop filling applications. So guys relax and keep doing whatever you were doing and file your applications by 2nd july.
There is nothing in our hands or even in lawyers.Lets wait n watch!!! keep hope
U are right...that's why I think it is a rumor only. I read somwhere in the posts, the DOS can only issue VB once monthly. That could be the reason they did not issue a revised bulletin for Jun, when the "other worker" category became unavailable and that would make sense. They could not issue a revised bulletin, so the sent a letter to USCIS not to accept the "other worker" category anymore, which in turn will case a law suit. .... I think this all is a rumor!!!
There is nothing in our hands or even in lawyers.Lets wait n watch!!! keep hope
U are right...that's why I think it is a rumor only. I read somwhere in the posts, the DOS can only issue VB once monthly. That could be the reason they did not issue a revised bulletin for Jun, when the "other worker" category became unavailable and that would make sense. They could not issue a revised bulletin, so the sent a letter to USCIS not to accept the "other worker" category anymore, which in turn will case a law suit. .... I think this all is a rumor!!!
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gcgreen
08-07 01:42 PM
Actually, many of the ROW folks here do want this. They are being selfless, because it is the RIGHT thing to do.
Read your post again, we are already divided. Why would ROW candidate want to eleminate country quota and let you be in front of him...
Read your post again, we are already divided. Why would ROW candidate want to eleminate country quota and let you be in front of him...
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shiankuraaf
10-01 05:20 PM
Hi you can find all the details in this thread.
"Wrongfull denial by cis and PD is current."
Thank you... I will find it.
"Wrongfull denial by cis and PD is current."
Thank you... I will find it.
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starscream
04-24 04:45 PM
I have not seen the language of the bill. Has anyone seen the exact language of the bill?
Should this bill become law (in its present form without any changes ) will the new provisions apply to ANY H1B application (i.e new applications, Transfer due to change of employer , H1B extension application with current employer) or just to NEW H1B applications and not to H1B extensions filed by the currentemployer.
There are hundreds of H1B applicants who do not have EAD but have approved PERM or approved PERM + approved I-140 and will be filing for extensions.
The H1B resttrictions in the TARP law only apply to new H1B filings.
Should this bill become law (in its present form without any changes ) will the new provisions apply to ANY H1B application (i.e new applications, Transfer due to change of employer , H1B extension application with current employer) or just to NEW H1B applications and not to H1B extensions filed by the currentemployer.
There are hundreds of H1B applicants who do not have EAD but have approved PERM or approved PERM + approved I-140 and will be filing for extensions.
The H1B resttrictions in the TARP law only apply to new H1B filings.
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tempgc
07-09 09:30 PM
I don't understand why some section of educated people doesn't understand small things...
1. Intention in sending the flowers is to gain attention from USCIS and the media.
2.Do you know one thing, USCIS director himself helped us more than half to gain media attention by making a statement and forwarding those flowers to the Hospital.
3. If there are 'n' flower orders, they will reach 'n' families in the states with our message in them. Our initial goal was to gain the attention of USCIS director and media. Now we are getting a bonus of 'n' families and their mouth publicity to our problem.
If you sent flowers, and you differ in thinking atleast have patience and see the result in couple of days. Don't do any bad at this point.
Lets hope the best.
1. Intention in sending the flowers is to gain attention from USCIS and the media.
2.Do you know one thing, USCIS director himself helped us more than half to gain media attention by making a statement and forwarding those flowers to the Hospital.
3. If there are 'n' flower orders, they will reach 'n' families in the states with our message in them. Our initial goal was to gain the attention of USCIS director and media. Now we are getting a bonus of 'n' families and their mouth publicity to our problem.
If you sent flowers, and you differ in thinking atleast have patience and see the result in couple of days. Don't do any bad at this point.
Lets hope the best.
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god_bless_you
06-25 12:58 PM
Another answer from Rajiv Khanna: on multiple 485s
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
and you need to fillup the same A# which are assigned with first set if you are filing second set 485's at later date
I recommend both husband wife file for yourselves and for each other. So between the two , there will be four 485 applications. One: Wife as primary, husband as derivative. Second, husband as primary and wife as derivative. We do this all the time and this is the safest thing to do. You will keep whichever 485 set gets approved, first, the other will be rejected by CIS.
and you need to fillup the same A# which are assigned with first set if you are filing second set 485's at later date
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seekerofpeace
10-05 09:30 PM
Guys,
Thanks for your wishes. As much as I feel it as a journey I still consider myself lucky seeing so many people with PDs earlier than me both for EB2 and EB3 still languishing. We all consider FIFO to be fair and it is hard for us to decipher why it is not followed by DHS.
My suggestion to you all is that if you are told that your case is with an IO ask him or her if an email can be sent to that IO that you are concerned. This is exactly what I told Janet on Friday, one of the good CSRs from TSC. I had told her that knowing a case is with an IO is of no help to me if that IO is on vacation or is sick or is not aware that the case is current.
Also if you guys had followed my never ending streak of mails, I had mentioned that my wife had got a call from a CSR at DC probably in response to her SR that I opened or my concerned and frustrated mail to Napolitano...she was told that her case is with an IO and that since the case was transfered her Biom had not been uploaded and that she is ordering new Biom request and she should get it done...I had told her that by the time we receive it the visas may be over and also how come I am approved....moral of the story is "THEY KNOW NOTHING" as Jim Cramer used to say.
The only person I found reliable was this Ms Beck at TSC who I was fortunate to get hold of exactly 2 weeks back and she had told that we don't need new FP and Biom it just needs updating by the IT dept and she is sending a request to that effect...I had asked her how long should it take and she had told me 2 weeks..she also told me you will get your card b4 your wife.....and she may be a bit delayed but will get approved.
So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.
All the very best and hang in there...
SoP
Thanks for your wishes. As much as I feel it as a journey I still consider myself lucky seeing so many people with PDs earlier than me both for EB2 and EB3 still languishing. We all consider FIFO to be fair and it is hard for us to decipher why it is not followed by DHS.
My suggestion to you all is that if you are told that your case is with an IO ask him or her if an email can be sent to that IO that you are concerned. This is exactly what I told Janet on Friday, one of the good CSRs from TSC. I had told her that knowing a case is with an IO is of no help to me if that IO is on vacation or is sick or is not aware that the case is current.
Also if you guys had followed my never ending streak of mails, I had mentioned that my wife had got a call from a CSR at DC probably in response to her SR that I opened or my concerned and frustrated mail to Napolitano...she was told that her case is with an IO and that since the case was transfered her Biom had not been uploaded and that she is ordering new Biom request and she should get it done...I had told her that by the time we receive it the visas may be over and also how come I am approved....moral of the story is "THEY KNOW NOTHING" as Jim Cramer used to say.
The only person I found reliable was this Ms Beck at TSC who I was fortunate to get hold of exactly 2 weeks back and she had told that we don't need new FP and Biom it just needs updating by the IT dept and she is sending a request to that effect...I had asked her how long should it take and she had told me 2 weeks..she also told me you will get your card b4 your wife.....and she may be a bit delayed but will get approved.
So guys from TSC keep trying and hope to get this Ms Beck...you can alway ask the person's batch number and name and don't waste your time if you get someone else.
All the very best and hang in there...
SoP
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GCisLottery
06-29 04:45 PM
If the rumor turns out to be true in two days, I strongly believe it's a conspiracy.
When the CIR was revived, there was a strong feeling that the senate will pass based on the negotiations. Since CIR is horrible for those who are currently in line(including us), somebody/some group panicked and triggered the bulletin.
Now that CIR is officially dead and buried, status-quo is OK, so thought that somebody/some group.
Oh well....
I only pity the H4s out there.
When the CIR was revived, there was a strong feeling that the senate will pass based on the negotiations. Since CIR is horrible for those who are currently in line(including us), somebody/some group panicked and triggered the bulletin.
Now that CIR is officially dead and buried, status-quo is OK, so thought that somebody/some group.
Oh well....
I only pity the H4s out there.
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prav27
01-16 10:18 AM
Hello,
I have to travel to India this month and still in a dilemma whether to take a Visa appointment or to travel on AP, I don't see many experiences from Delhi consulate so having difficulty in deciding.
Please post any experiences related to PIMS delay at Delhi consulate.
Thanks
I have to travel to India this month and still in a dilemma whether to take a Visa appointment or to travel on AP, I don't see many experiences from Delhi consulate so having difficulty in deciding.
Please post any experiences related to PIMS delay at Delhi consulate.
Thanks
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vishwak
03-29 09:04 AM
I read the news too at The Oh Law Firm (http://www.immigration-law.com/)
Hope this hold and comes true. All the best to my brothers and me.
Hope this hold and comes true. All the best to my brothers and me.
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logiclife
01-09 12:05 AM
Thanks,
logiclife.
logiclife.
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sheela
11-06 02:31 PM
I spoke to IO this morning regarding NC clearance for my family (7/2 filers). I was told whereas, my derivative's (wife and daughter) names have been cleared but there is no information on my clearance. She furthur told me the names were submitted on 8/30/07 and was told to wait for another month or so.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
Guys: What is your take on this? I have started worrying now. Although they say 120 day processing time- My understanding is you are either cleared in few days or get stuck in the hole.
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admin
01-04 05:11 PM
I have filed my green card with her. But in all our discussions she has sided with my company's interest over mine. In fact in one of our FYI meetings, she said that getting the green card faster would not be good for companies as people would quit after that. So I am not sure whether she will take up the cause but we can try.
caliguy
10-06 01:11 AM
@ SOP
Can you please provide me the sequence to call TSC using the POJ method? Based on what I read earlier in another thread, it was mentioned to choose option 4 which is to reports cases that were seperated. I tried that, reached an IO. IO told me that I should not be calling that number to check the status of my case. Do I need to choose another option?
Thanks!
Caliguy,
POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
Be persistent and you have every right to be after all you came this far.
Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
SoP
Can you please provide me the sequence to call TSC using the POJ method? Based on what I read earlier in another thread, it was mentioned to choose option 4 which is to reports cases that were seperated. I tried that, reached an IO. IO told me that I should not be calling that number to check the status of my case. Do I need to choose another option?
Thanks!
Caliguy,
POJ method can be used for all cases that are current and in the processing window...just keep on trying ur luck and I am sure you'll land a decent CSR who will be much much more useful and worth your trials and efforts.
Be persistent and you have every right to be after all you came this far.
Write to Janet Napolitano and mention that you are unfairly getting delayed and that you want to know what is holding your application and all checks and clearances done and visa number is available...
SoP
anilsal
06-24 09:54 AM
If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.
If the removal of AC21 succeeds in CIR, then forget about switching jobs.
If the removal of AC21 succeeds in CIR, then forget about switching jobs.