Vatives galleries

There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.

It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.

In fact the way it appears is :

EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.

So before any spill over to EB3, visas are given to EB2 category.

Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.

From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.

There was a topic where googler had explained that as per DHS employee, unused Eb2 Worldwide goes to Over subscribed Eb2, so Eb2 India and Eb2 China.

It appears that the policy was always this, but since there were no excess Eb1 in the last couple of years, there was no spillovers in the last 2 years, howeever this year there are higher number of unused EB1.

In fact the way it appears is :

EB4 unused ==> spills over to ==> EB1
EB5 unused ==> spills over to ==> EB1
EB1 unused ==> spills over to ==> EB2 world wide.
EB2 Worldwide unused ==> spills over to EB retrogressed.

So before any spill over to EB3, visas are given to EB2 category.

Since the unused EB2 visas are given to retrogressed countries, I believe that more visas are used by country that has more retrogression. But if there is any future movement in EB2, than both India and China could experience it.

From www.immigration-information.com forums, it appears that one of the important driving force behind the visa usage is the actual adjudication of cases from USCIS. Since generally USCIS does not really process enough cases to use all visa's(to ensure they are not wasted), every year there will be a need to have substantial movement in the cut off date to generate more demands for visa's, not just in AOS, but also CP.

Administrator - Please delete this posting immediately. It smacks of shameless racism, and we don't want our entire entire community to be tainted by this shameless guy.

In any case, why should someone be SO disturbed if some lawyer says "I will try to prove your degree equivalency for trying to get into EB2"?

Going by folks' behavior here, I am inclined to think, some simply hate such a lawyer for nothing more than personal interests

He quipped me back saying that he is aware of IV and IV is NOT "like-minded" group but "Money-minded" group of people, keeping on asking money all the time....Definately, its sending wrong signal...

My prioriy date has moved 1 week in 1 year. This is sufficient evidence for legislation (http://immigrationvoice.org/forum/showthread.php?t=3317&highlight=legislation) that requires Hill lobbying (http://immigrationvoice.org/forum/showthread.php?t=3255&highlight=legislation) which requires money.

Like minded

I had no understanding about legislation, politics, lobbying and money when I joined IV in Dec 2006. I used to wonder what core is talking about. However, I checked every statement against reliable media reported facts (NOT law firm blogs). I have not found a single contradiction. So I am very strongly like minded with core's direction.

Here is an example. In Dec 2006, Jeff Sessions was cited by core as the reason to derail the SKILL Bill. Here (http://immigrationvoice.org/forum/showpost.php?p=51718&postcount=21) is a recent example of an anonymous person derailing a Bill.

Money minded

Lobbying firm is the most important reason for existence of IV; grass root lobbying can be done without IV. IV paid QGA 80K (http://immigrationvoice.org/forum/showpost.php?p=50347&postcount=4) in the first quarter of 2006; this is just one expenditure but has a public record. IV has to pay a similar amount to Patton Boggs. About 260*20/month was collected in 45 days in Jan/Feb 2007.

Why can IV ignore talking about money (when balancing this deficit is very important)?
How can IV ignore talking about money ALL THE TIME (when it takes 45 days to collect 260*20)?

State Chapter Participation

You missed this. We also ask members (ALL THE TIME (http://immigrationvoice.org/forum/showthread.php?t=3482&highlight=Wisconsin)) to participate in State Chapters.

Conclusions

Some (non) members are ignorant about GC problems, legislation, politics, lobbying and IV's activities. It is not possible to understand all of them even in a month. They have to put effort to educate themselves. Hence, the quotes



Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.
If we keep doing what we're doing, we're going to keep getting what we're getting.

I have checked with my company's lawyer and he said I can maintain H1 status with my current employer and use EAD for part time job. I read murthy chat transcripts and same topic was discussed with two different answers. ................
I work for a very big company ........................I do not want to be limited by work authorization limitations...

Thats my oppinion...

Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.

I-485 is mostly about the eligibility of the individual (like medical, illegal presence, fraud etc.) and so getting rejected at I-485 stage is not that common (especially after the approval of the underlying immigration petition). And if it does get rejected, more often than not, the individual may never be eligible for permanent residence due to the same reason. So usefulness of H1-B as back-up is of very limited narure.



Thanks every one for all your responses. Good to see many responses which seem to echo what I was thinking. After reading many posts on these forums I thought many people chose to keep H1 (some times at a cost).
Now I see many people are ready to dump it if they see an opportunity to use EAD. That is good to know.

Although we cite the cost savings (from renewal of EAD) most people if not all who prefer to keep H1 status will definitely renew their EAD/AP just to be safe. On the AP case, I got 3 copies of multiple entry APs. My attorney told me to make copies of it and give only copies at the POE and point out that it is a multiple entry document if the officer wants to keep the original, so that the original stays with you.

I guess many people want to put the EAD to productive use. Some thing to supplement your main job/income.

$$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$

Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

Dear IV Members,

If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.

For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)

Can I get link for New POJ method of reaching Nebraska IO.

Anyone Please ?

It is not creating exact link

try this
http://change.gov/page/content/openforquestions_20081217_private_url

search for "Immigration"
Scroll all the way down..

and then click "next 10" (questions)

you should see following

""Current US Immigration laws create, long delays for LEGAL, highly skilled immigrants, in getting their permanent residency. These immigrants pay their dues. When you'll address their concerns or you'lll continue to punish them for following law?"


All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url

Finally, Thank you for your smart and intelligent attempt to dilute the members' focus. First you start off by saying that we have no allegiance to our home land and finally you deduce that country caps are OK.

Inference: You are some psycho who is concerned that the glass ceiling of country caps in employment based system will be shattered sooner or later.


I strongly disagree. He is no psycho, just a juvenile displaying 4th grade logic to exhort the masses. Comes back and 'moderates' his thread by 'channeling', thanking and asking for more brilliant ideas.
nitinboston, do not brush this off as some kind of personal attack and you have bigger fish to fry...I urge you to read and reflect.



This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.


Comes as a surprise to your fellow elementary schoolers ? Who are you to generalize ? That is what your immediate buddies or people YOU associate may be thinking.


Few points:

1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.


Thanks for the breaking news !



4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing


Does your friend or his wife know what kind of a backstabbing 'best and brightest' you are ? Just because your so called friend's wife got a job cheating (if I take your word for it), it does not give you the right to brush the whole category with the same color. Who are you trying to impress by pissing on everybody ?



5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.


Again, thanks for the breaking news and brilliant suggestions. First off, stop generalizing and look beyond your pathetic 'immediate circle'. AND here is some breaking news for you: You have not seen it all, as I can clearly see by the quality of your arguments. Don't come onto a forum, hide behind the curtain of anonymity and shoot your mouth off giving 'plain' 'straight from your heart' BS.

Same here. Applied for AP. Got a soft LUD on my I-485 on Mar 25, 2009, got my AP approved on Mar 26, 2009. Does this mean they checked my 485 application prior approving my AP? or are they pre-adjucating my application? Will wait for a week or 2 to see if i receive any RFEs.

My PD is EB-3 I, Mar 2004 and no way closer to being current.

I got an LUD on 485 when i got AP approved.

Dont even try to rationalise how the f*** those systems are inter connected and how they roll :o

the local service center lady said - Assigned to an officer on 9/11 - now HOW MUCH OF A WAIT AFTER ASSIGNED TO AN OFFICER? recent approvals folks - can you shed some light?

Thanks RajuSeattle - this is the information I was looking for.

It is better to talk to person handling Immigration Issues. If you cannot get hold of him/her leave a VM. if the mailbox is full leave a message with the person answering the phone

Mary Bono � California 45'th District
Took my name, address and Bill #�s.

Brian Bilbray � California 50'th District
Left VM

Ken Calvert � California 44'th District
Spoke to a lady named Rebecca, she sounded like she was not happy that she is receiving many calls from IV members. She was trying to tell me that she has received the message and will pass it on to Rep, but further calls are not going to help.
Once I asked her "Are you suggesting that we (IV members) should not be calling your office regarding this important bills", she toned down a bit and took my message.

Jerry Lewis � California 41'st District
Spoke to the concerned person; she took my name, address and Bill #�s.

John Campbell � California 48'th District
Took my name, address and Bill #�s.

Gary Miller � California 42'nd District
Left a VM.

Question for people who understand Washington better than me�.
Do we really have to ask for the person who handles legislative and immigration matters or it is ok to leave message to the person who answers the phone? I guess the answer is �it�s better to talk to the person who handles immigration matters�, but as per my observation, immigration person in representative�s office deals with any immigration issues related to constituents.

Called all the numbers this afternoon.

This is a welcome change.
-AILA and others had been and are are still trying to oppose this rule as it benefits them and their clients (employers).
-Labor substitution has been abused and has given a bad name to the GC process.
- Lot of desi companies have become notorious for selling it. Some of them were brave enough to sell it online on sites. Iv condemns any kind of misuse of the system and breaking of law.
- A lot of labor certifications coming out of BECs continue to be substituted. This has caused more delay in PDs moving forward.
- The 45 day rule to use the LC will force employers and Lawyers to work quickly on the application. Lawyers are known to be slow in filing process so they will need to change.

Lets hope USCIS, DOL and DOS make further changes in their regulations and the process is better suited to reduce the pain for applicants. FBI Name checks, long wait times in various steps etc are also worth reforming. On various occasions IV has drawn USCIS attention to various items in the greencard process that need reform. IV will continue to raise all such issues that hurt our members with media, USCIS and lawmakers.

Here are the answers -

To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).

You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.

You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.

You exit USA, You return to USA using AP.

Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"

Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.

There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.

So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.

in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.

Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.

between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.

Hope This Helps.

enjoying life after the GC what else??!!!
answer with complete honesty, if YOU got your green card today, would YOU ever be involved in IV again? except maybe when you want some answers during your naturalization stage?
:)

naive....naive.....

IV is a movement. Once you are on it, irrespective of whether you are personally successful, you will be associated with IV. I do not have my GC yet. But surely when I have it, I will continue my association with IV. :)

i am a victim too (NC started Jan 05)...i have almost given up now.

Are there only 3 people suffering from namechecks?
This issue can be pushed if we have strong support for it.

Yes it applies for IV too. We have a handful of monthly subscribers because everyone wants the other person to pay for it. If the problem needs to be solved, each victim needs to fight this problem.

Do let us know the outcome of your complaint.
Please also inform others how you went about making this complaint.

I have not been able to get even one personal friend participate in IV or donate to IV though they are enjoying AC21 benefits and work done by IV. Whenever I speak about IV they get angry and discourage further talk. They talk about EAD traacking, etc.... but are tight lipped when we talk about IV. Some stopped talking to me and say "it is because of IV" . Some say, "we do not believe in IV" but hideously visit IV website anonymously. It is nothing but hypocracy.

We are not planning on asking members to pay immediately. It is a form of commitment from our members to the amount they are giong to donate.

Once we get an expert advise on how to channelize these funds to the IV core team, we will request everyone who pledged to pay out.


Please hold off. We need to figure out how this part of the drive will be structured in terms of reimbursement for the Core members.