pmb76
09-13 04:54 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I agree with you gctest. Interfiling EB3-->EB2 is the 2nd biggest scam perpetrated on the EB community after labor substitution. We must stop this dead in its tracks. It will lead to massive retrogressions in EB2 and keep the truly deserving candidates waiting for ever. USCIS just devises new laws on the fly without understanding its impact on the whole. I would call this rule very short-sighted and stupid. Nonetheless we need action at this point to do whatever we can to stop this mindlessness.
I am with you on this campaign. Gave you green.
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zinchak
09-11 09:06 PM
I have also posted about this drive on boards.immigration.com
ganguteli
03-12 02:26 PM
I mean really stupid.
.
If you do not want to pay, get your employer and your lawyer to contribute to IV :D:D
.
If you do not want to pay, get your employer and your lawyer to contribute to IV :D:D
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techskill
09-10 02:09 PM
I think they advanced the dates to 2006 not to approve the cases but to collect new applications with the new fees.They approved couple of cases only to show that they r working on old cases (2006 which is old for them or however they interpret).
more...
bazuka6
09-13 06:26 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality
- $ 50 monthly to IV since June 2006
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
Delete this moron's login.. I bet he has a substitute eb2 labor himself - talk about morality
- $ 50 monthly to IV since June 2006
bigboy007
06-02 07:53 PM
Hey Canadian Dream:
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
I know things might change , i wish this law doesnt pass through at all. But in its form this is interpretation of major members and attorneys in current stage. Please correct me if i am wrong.
I might agree with your conclusion of start date, but Now coming to to cases :
Petetion for an employment based visa = I 140 , that were filed prior to the date of intro ( for our sake its Oct 2008 or May 15 2007 ) that were pending or approved , shall be treated as if such provision remained effective.
An approved petition may server as basis for issuance of an immigrant visa.
and for all people who are still in Labor stage will preserve their priority date.
Now based on this , if you have filed an I140 before the date of enactment what ever it might one should be fine. Once dates becomes current and I140 approved one can file for 485 in previous system.
I dont see any conclusion based on 485 is approved or not its just adjustment of status once PD become current , i think its all 140 that determines you are approved as an immigrant or not.
===========================
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.
more...
rongha_2000
04-30 03:21 PM
Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
Max waiting country Philippines (family based) = 22 years
if recapture enacted we shortened it for a few months.
Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!
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gcformeornot
04-27 08:01 AM
FHA guideline.
FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)
FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)
more...
pappu
10-10 10:28 AM
We are getting more calls for op-eds and need more IV members to pitch in and write articles.
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transpass
09-12 12:01 AM
I personally think backwards running clock is the best thing to send...It hits nail on the head...The PDs are moving backward instead of forward...It is also a funny story for news media to pick up...Mass letters are also ok...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
more...
dhirajs98
07-14 08:32 PM
My contribution: $20.00
It was easy ... not a big deal guys ... go ahead .. contribute :)
It was easy ... not a big deal guys ... go ahead .. contribute :)
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ragz4u
03-16 10:07 AM
The number to call is 202-737-3220. Tell the receptionist that the Judiciary Committee hearing cannot be heard from Dirksen Rm 226 and that it is extremely important for you to hear this live as it unfolds
If a lot of folks call, they will make sure it works!
If you call up, leave a post here so we know that you have called too....
Lets get going guys....
If a lot of folks call, they will make sure it works!
If you call up, leave a post here so we know that you have called too....
Lets get going guys....
more...
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mangelschots
06-01 03:25 PM
AILA (http://www.aila.org/) has an analysis of the immigration bill in an article "Top 5 Concerns Regarding Employment-Based Immigration in S. 1348":
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
there is a disturbing section in there:
Gaps in Green Card Availability � Immigrant visa petitions filed after May 15, 2007 on the basis of the current employment-based preference system will be rejected. � During the period between May 15, 2007 and the date the new merit based system is up and running (likely October 1, 2008), no new employment-based green card applications can be filed.
Any validity to this claim ?
If so, Does this mean that all I-485 that can be filled with the latest jump in priority date will be voided ?
Is this valid/legal ?
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gc2
03-31 06:17 PM
a million things in this world are wrong and occassionally you will be at the receiver's end. Am sure you want things to change, so does every member of this group and many more who arent aware or part of IV yet.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
Let us(as members) know what would you like to change in USCIS management. If you feel management should be criticised then lets hear it detailed. Would request to keep a positive outlook and suggest what you would like to see happen. Am sure everyone hear is all ears.
more...
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Keeme
03-05 11:45 AM
Our cases are with NSC. EB2. PD: Mar -06
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.
Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?
i responded to RFE last year. then case processing resumed.
We saw LUD on all 3 cases on Friday. I called up IO at NSC and she told that
LUD was because they applied biometrics to your cases. I told her i did not get 2nd FP
notice ,we did not give any FPs. She said they have our new FPs in the system and applied
the same.
i am not sure what she is talking about???
One possible reason could be, they might have reused our FPs given during EAD renewals few months back. But does it make sense to anyone? did anyone face the same experience?
Thanks.
Could be true ! That was my first thought and counted months since filing I-485. Its more than 19 month now . The Finger prints expires in 15 months.
Considering they are running late and all these LUDs are for renewing your finger prints for next 15 months , why there are so many RFEs for people who don't have their PDs current ?
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ragz4u
03-16 01:41 PM
http://immigrationvoice.org/forum/showpost.php?p=2927&postcount=12
more...
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insbaby
07-21 11:18 AM
Well, if you do the direct calculations (eventhough it looks correct for most of us), it always results scary.
But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.
They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.
Its a big administration issue to the agency to keep all the applications pending than us.
So, no worries. There must be a solution ahead for us.
But that does not happen always. A Government Agency decided to accept that many applications in a month window, defintely it would not have been decided in a lunch or dinner meeting.
They should have known their limitations and how to handle the situation. If there are 20K 485 applications sitting at the storage, it would not create much problems. But it creates so much administration issues if the number is 600K applications.
One major issue is, every year they are going to receive 600K EAD renewals. They will never get time to work on 485, but life long working on renewing this EAD's and no more further GC processing.
So, its not going to be the case. Now they have money, even if it takes first year some more months, they may go for hiring more contracters OR spliting the applications across different centers processing them.
Its a big administration issue to the agency to keep all the applications pending than us.
So, no worries. There must be a solution ahead for us.
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h1techSlave
04-17 10:02 AM
What is the visa or immigration status of a person who has H4 visa and 485 pending (has EAD also)?
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
It seems banks do not understand anything other than Citizenship, GC or H status.
(1)EAD is NOT a status. Your status should be AOS, or H1B, L1, TN or whatever.
(2) I personally know more than a dozen people (including myself) who hgot mortgages, and this was not even an issue.
(3) You have a horse's ass for a lender. Just go to another bank. Countrywide is quite good, in my opinion. Go directly to them, not through a broker.
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ashutrip
06-19 08:24 AM
NO , Atlanta handles all the traffic for East coast and South , whereas Chicao handles the traffic for the West and the Midwest .
Anybody on forum...whose labor was certified off late!!:confused:
Anybody on forum...whose labor was certified off late!!:confused:
chanduv23
05-14 11:58 AM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Great going. Please post your updates. I am sure, you will be fine.
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Great going. Please post your updates. I am sure, you will be fine.
Mayday
05-09 11:41 PM
btw, I found the law:
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
(a) An applicant who is not a citizen or lawful permanent resident of the United States must present valid documentation issued by the United States Department of Justice, United States Department of State, United States Department of Homeland Security, United States Immigration and Naturalization Service, United States Bureau of Citizenship and Immigration Services, or any successor agency of the aforementioned that shows lawful temporary admission to the United States.
(1) An applicant whose lawful admission period is more than six months but less than the full term of a driver license or identification certificate will be issued a driver license or identification certificate with a status date displayed that coincides with the expiration of the applicant's lawful admission period in the United States.
(2) If the lawful admission period in the United States indicated on the document presented by the applicant expires in less than six months from the date of application, no driver license or identification certificate may be issued.
(3) If the document presented by the applicant to demonstrate lawful temporary admission indicates an indefinite expiration date, the driver license or identification certificate will be issued with a status date displayed of one year from the date of application.
(b) In the event the applicant's status is updated or extended, the applicant must present valid documentation of such status change or extension to obtain a duplicate driver license or identification certificate with an updated status date.
(c) The driver license or identification certificate will be cancelled if within 45 days from the status date the applicant is unable to present valid documentation showing a status change or extension of admission period.
it's full title is:
Texas Administrative Code
TITLE 37 PUBLIC SAFETY AND CORRECTIONS
PART 1 TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15 DRIVER LICENSE RULES
SUBCHAPTER K SPECIAL PROVISIONS FOR NON-CITIZENS
RULE �15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens
or shorter: 37 TAC �15.171
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