add78
07-11 02:51 PM
"Demand for numbers will result in the Employment Third preference Other Worker category reaching the annual FY-2008 numerical limit. As a result, this category will become “unavailable” beginning in August and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and the Employment Third preference Other Worker cut-off date will return to 01JAN03 in October, the first month of the new fiscal year."
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
Question is how long will it stay 01Jan03?
My PD is feb 03 :mad:
They are talking about the EB-3 Other Worker category, NOT EB-3 India (one row below EB-3-I in the bulletin)
If you see July bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
the EB-3 - Other Worker was 01Jan03 which is now U in August bulletin
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
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sandiboy
08-02 04:01 PM
This is from my lawyer:
Where is my application for adjustment of status filed?
All employment based adjustment of status applications are filed at the Nebraska Service Center (NSC). The NSC will keep half of the cases it receives and send half to the Texas Service Center . There is no way of indicating which Service Center you want your case adjudicated at. Once the receipt notices are received you will know where your case is pending. All family based adjustment of status applications are filed at the National Benefits Center.
Where is my application for adjustment of status filed?
All employment based adjustment of status applications are filed at the Nebraska Service Center (NSC). The NSC will keep half of the cases it receives and send half to the Texas Service Center . There is no way of indicating which Service Center you want your case adjudicated at. Once the receipt notices are received you will know where your case is pending. All family based adjustment of status applications are filed at the National Benefits Center.
anilsal
07-15 09:29 PM
to IV PO Box.
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susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
more...
mirage
08-18 08:18 AM
What you are saying is absolutely right and there is no doubt what you are doing is the need of this hour but my guess is most of the people who are still waiting from 2001.2002 or 2003 have some reasons to Not do it. For me my employer is not ready to take the pain of going thru another GC process, even though I pay all the expenses, and I am not able to find a sponsor, I'm sure there are many in similar situation..
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
You are forgetting the re-distribution of spill over rules which has affected the processing speed of different categories. So it doesnt matter how many numbers are pending in EB3 past years, its surely greater than the country limits based on past visa usage data. So it does make a lot of sense to port to EB2. Some one who applied in EB2 India in 2008 is likely to get GC before someone who applied in EB3 India 2003/2004 based on current situation.
ssss
08-08 04:05 PM
Feb 2005 EB3 India
more...
tinamatthew
07-23 06:31 PM
hi fruity..
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
we have the same concerns regarding the ds230 approval..
anyway, i just wanna ask about what you said earlier.. is it true that there are some August scheduled embassy interviews being cancelled? what did those people you know exactly said about this?
hear from you.. thanx
It is so sad for those that had the interview in August. How many of your friends were affected?
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greenisgood
12-11 03:58 PM
We all are in the same boat. I hate doing the same things that I am doing since last 9 years.... Need to move on ... Hey but wait.. your PD is not current..! Duh..
Willing to contribute big time if IV can make this part of its agenda.
Willing to contribute big time if IV can make this part of its agenda.
more...
ashutrip
06-22 11:34 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
its the day ur LC was filed!!
its the day ur LC was filed!!
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skynet2500
07-05 12:34 PM
I wrote letters to Cornyn and Hutcison about the situation. They have asked me to fill the privacy form authorizing the senator to access my data. Did anyone do this?
more...
eb3_2004
07-23 04:09 PM
Thanks for the reply and encouragement. This is what makes this Immigration Voice community different from others...
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Bodran
06-01 01:11 PM
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
more...
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rustamehind
07-18 07:12 PM
Lets say your PD is/was current in March, April, June and July. You decided not to apply in the previous months and you finally submitted at the end of July. On the other hand i had my PD current on July and i applied. After i applied and before you applied there could be 10k(for example) applications. Now when its time to process application which one they should process yours or mine?. Obviously they will process the one that they got first. They not going to look for the PD and pull out your's from the pile of applications. Its your fault that you have not applied early enough even though your PD was current.
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
What if out of all 10000 , 9999 don't have priority date current.Do you think they will still not look at the 1 in the pile which has a current PD.They will look at it , Even if it is number 10000 in the list.Actually there will be no pile because 9999 people won't even be in contention.
Why do you think labour substitution was so HOT?Just because by getting an earlier PD , you were going to steam roll everybody who filed before you , just because you got an earlier PD..
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mirage
04-01 01:50 PM
Who brought you to this country ? Do you have any kind of formal education or not ?? You don't understand the concept of Public office... USCIS is a public office they are answerable to public, taxpayers like me and others(I'm not sure about you). If each of us thought that way than we wouldn't be here, we have changed several things in the past and will continue our efforts to do so in the future, and BTW what are you doing here, get the H.O. of here...
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
Excuse me...What do u wanna ask the USCIS? U wanna put ur hand where it dozn't belong to? Good luck with that!!! I dont mind so many red dots. But I just wanna make my point. Just imagine one thing... U have a family. Someone from the outside doesn't like the way you are treating ur wife and asks u to divorce ur wife. How wud u feel? U r a NOBODY. Dont u get it? U just cant change a foreign land's system. Protest, conduct rallies...thats fine. But u have no rights to dig and delve into how USCIS is functioning. U R A NOBODY.
more...
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vpadman
01-04 09:27 AM
Has anybody called the USCIS customer service number regarding AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
If we have a emergency reason to travel out of the country, can we call the customer service and request expedited processing of AP ?
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iqube00
09-10 09:47 AM
Just contributed $100 through Paypal. Receipt # 7VK6980438556652Y. Great job IV!
more...
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StuckInTheMuck
07-11 10:53 AM
First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).
Maybe you should now change your handle to USDream2DustBack2Dream :)
Maybe you should now change your handle to USDream2DustBack2Dream :)
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gctoget
07-23 01:23 PM
I have joined the yahoo group.
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kdprasad
07-06 01:49 PM
I dont understand how organizations like DOS , USCIS can do such
Ping-pong childish things in their official website.
Save us God !
This shows that they are preparing for the legal fight!! Covering up as much as they can.
Ping-pong childish things in their official website.
Save us God !
This shows that they are preparing for the legal fight!! Covering up as much as they can.
rp0lol
06-21 01:10 PM
another 100$ from IL
PayPal Receipt ID: 70125366SU56XXXXX
GO IV!!!!
PayPal Receipt ID: 70125366SU56XXXXX
GO IV!!!!
Winner
06-11 03:04 PM
I keep reading we should fight for out rights and all. I am just curious
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
You got me all curious now, if you accept the status quo, why are you here in this site as a member? Don't get me wrong, but I'm curious to know what is your objective in becoming a member of IV.
where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.
You got me all curious now, if you accept the status quo, why are you here in this site as a member? Don't get me wrong, but I'm curious to know what is your objective in becoming a member of IV.
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