ilwaiting
07-01 11:12 AM
Why is this a risk? We are doing what we are supposed to do. Send packages based on our dates being current. If USCIS/DOS screws the dates we slap them with a law suit.
After such mad rush and bad news about visa bulletin revision? How many are considering to file on July 2nd and July 3rd? What is the general advice regarding filing from lawyers and oneself about sending documents on July 2nd and July 3rd?
My lawyer is sending through FedEx - overnight delivery - going there on July 3rd. My worry - Is it a huge risk on my part? What happens if Monday morning it is revised, or worst Tuesday it is revised?
How many are risking on this??
After such mad rush and bad news about visa bulletin revision? How many are considering to file on July 2nd and July 3rd? What is the general advice regarding filing from lawyers and oneself about sending documents on July 2nd and July 3rd?
My lawyer is sending through FedEx - overnight delivery - going there on July 3rd. My worry - Is it a huge risk on my part? What happens if Monday morning it is revised, or worst Tuesday it is revised?
How many are risking on this??
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leo2606
07-31 07:23 PM
Bump
laborchic
07-10 09:09 AM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
WHOA .. nows thats a good move.. way to go Nixstor.. u da best... wish I was in DC neighbourhood.
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akhilmahajan
05-16 02:36 PM
Yes there is a clause. So i think that covers us consultants.
Thanks.
Thanks.
more...
justin150377
07-09 08:58 PM
Please don't make fun out of it. Whatever I thought, I conveyed. Please understand and evaluate whether this is really a fact or a joke.
It's the most incoherent post I've read so far. Where did you buy your advanced degree to get into the EB-2 category?
It's the most incoherent post I've read so far. Where did you buy your advanced degree to get into the EB-2 category?
old_hat
05-09 09:23 PM
Let us talk about the "skills" introduced by H1/L1/offshore companies
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
oh dude you are talking of 20% of the folks that USCIS mentioned as fraud. Go after fraudsters. Talking of math skills you should be aware that 20% is minority. kapish?
I personally know a lot of Indian professors in Universities like Berkeley, Stanford, CMU, Michigan etc etc. What about their skill levels? My classmates are CS professors at some top Univs. Soem of them are chairpersons at top conferences. Are you going to point to them and say Indians math skills are not good?
a) One guy takes the phone interview for 15 other guys with "skills" they preted to have
b) Lying on the resume with "skills" that you don't have, so that you can learn the "skill" at the expense of the client
c) "Skill" in Violating B1 visa laws and sending people on B1 to do actual work to client
d) "Skill" in violating L1 law which is used to drive down the wages by 20-30%
e) "Skill" demonstrated by indian offshorers to enter into a contract with a large corporation where they will provide warm bodies in exchange for a very low billing rate. Client wouldn't have any ability to interview the incoming cosultant, which means the offshorer employee is learning at the expense of the foolish client. Then that will be touted as "savings".
f) "Skill" of fly-by-night operators to shave off 70% of the billing rate through a 6-level pyramid of contracting companies
Should I add to this list of "skills" further?
oh dude you are talking of 20% of the folks that USCIS mentioned as fraud. Go after fraudsters. Talking of math skills you should be aware that 20% is minority. kapish?
I personally know a lot of Indian professors in Universities like Berkeley, Stanford, CMU, Michigan etc etc. What about their skill levels? My classmates are CS professors at some top Univs. Soem of them are chairpersons at top conferences. Are you going to point to them and say Indians math skills are not good?
more...
anilkumar0902
08-19 01:15 PM
Yes. Indeed you are approved..Congrats.
I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?
PD: 10-Feb-2006 (EB2)
Opened SR on 08/03
SR response on 08/18 - Your case is currently under review by an officer.
Current 485 Status:
Your Case Status: Decision
On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
I received the card production ordered email today morning, after 1 hr again I received a Decision email. Online status shows as "Decision" , does this mean my 485 is approved?
PD: 10-Feb-2006 (EB2)
Opened SR on 08/03
SR response on 08/18 - Your case is currently under review by an officer.
Current 485 Status:
Your Case Status: Decision
On August 19, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
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Green.Tech
09-21 10:40 AM
If anyone needs any details on email/letter format please let me know. (Green.Tech, Saileshdude...)
I will take you up on your offer. Can you please PM me the details on the e-mail/letter, or post here, whatever you feel comfortable with? Thanks!
Enjoy your day!
I will take you up on your offer. Can you please PM me the details on the e-mail/letter, or post here, whatever you feel comfortable with? Thanks!
Enjoy your day!
more...
Hunter
05-09 01:42 PM
American college kids spend most of their time partying and sex. They do not study. Only a very very few really study
As usual typical stereotyping devoid of any reality and isn't even worth a reply. It is clear that knowledge of the above poster about ameriacn teenager comes from watching MTV.
No wonder otherwise tolerant americans are saying "F*** You" to fraudulent indian companies trying to commit fraud under the guise of globalization.
As usual typical stereotyping devoid of any reality and isn't even worth a reply. It is clear that knowledge of the above poster about ameriacn teenager comes from watching MTV.
No wonder otherwise tolerant americans are saying "F*** You" to fraudulent indian companies trying to commit fraud under the guise of globalization.
hair Map of North Korea
dilvahabilyeha
06-18 02:26 PM
Hi friends,
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
Here is what my lawyer sent me! Forwarding to you all so that you can get some idea what they are planning to do. Of Course she is charging me 250$ for this info!. I am sharing this as you have contributed and Will contribute to IV.
------------------Here is the lawyer email---------------------
As you know, you and your wife will be able to file your applications to adjust status to permanent residence in July 2007. You will need to prepare the following for your adjustment applications:
1. Form I-485, Application to Adjust Status. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/i-485.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
2. Form G-325, Biographic Information. You can find this Form on the Internet here:
http://www.uscis.gov/files/form/g-325a.pdf
Please complete this form in draft format for you and your wife. Please write "unknown" instead of leaving questions unanswered.
3. Photographs. You and your wife must each have six color photographs taken in accordance with the photo specifications that you will find here:
http://travel.state.gov/passport/guide/composition/composition_874.html
4. Passports, Forms I-94 and Nonimmigrant Visa Documents. Please send us a copy of every page, including any blank pages, of each of your current and any prior passports. Please also include copies (front and back) of each of your Forms I-94. Please make sure that the date and place of entry on the I-94 copies are clearly legible.
5. Birth and Marriage Certificates. Please send us a copy of your and your wife�s birth certificates and of your marriage certificate. If your birth certificates do not contain your name, your date and place of birth, and both of your parents' names, you will probably have to get affidavits from parents or older family members to fill in the blanks. We will review your documents and let you know if affidavits will be needed.
6. Medical Exams. You each must have a medical exam done by a CIS approved physician. It is my understanding that it is already becoming difficult to get appointments with these physicians. You can locate these physicians at this website:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
The exam will include a blood test for AIDS and other diseases, a physical exam, and a skin test, and perhaps a chest x-ray, for tuberculosis. The physician will complete the forms and return them in sealed envelopes. The envelopes must remain sealed.
Immigration law requires that you submit proof of vaccinations with your applications for adjustment of status. You will find the vaccination sheet that the CIS physician must complete and enclose with your medicals here:
http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf
Please take proof of your prior vaccinations to the medical exams. If you do not have proof of prior vaccinations, you will probably have to receive those vaccinations at this time. If that is the case, it may be more cost effective to have the vaccinations done before you go for the examinations and then take evidence of those vaccinations to the CIS physician.
7. Identification Documents. Please send us two color, slightly enlarged copies of your and your wife�s drivers licenses or other photo ID, with the photos as clear as possible.
8. Employment Verification Letter. I will forward a format for this letter to your employer.
---------------------------------------------------------------
more...
sri1309
09-15 05:55 PM
All,
I sent 20 posters today by smail mail and now I have already called 12 member's offices. Please call them and make them hear only about 5882 till this is cleared. I am telling them " I am so n so, calling from x, and this is to request Mr. to support the Visa recapture bill for LEGAL IMMIGRANTS, HR 5882. Please call. More voices can only be heard loud. Lets join hands.. Together we can make it..
I sent 20 posters today by smail mail and now I have already called 12 member's offices. Please call them and make them hear only about 5882 till this is cleared. I am telling them " I am so n so, calling from x, and this is to request Mr. to support the Visa recapture bill for LEGAL IMMIGRANTS, HR 5882. Please call. More voices can only be heard loud. Lets join hands.. Together we can make it..
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grupak
03-25 09:11 PM
I have sent an email to the id listed on that site (osccrt@usdoj.gov)with emails from Capital One which says they are not in favor of EADs. Will update once I hear back.
Thats great. Thanks for stepping up. Keep us posted.
Thats great. Thanks for stepping up. Keep us posted.
more...
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gcny2006
07-11 12:17 AM
This is a three page article, but worth the read. Especially, I didn't think it would mention my name -->
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?referrer=emailarticle
Redemption Maan !!
Anand Sharma
I hate to be nitpicking but
The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.
Bajaj its not migrationits immigration. bird migrate people immigrate
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html?referrer=emailarticle
Redemption Maan !!
Anand Sharma
I hate to be nitpicking but
The irony is, in this whole migration debate, our issues are probably easiest to solve," said Bajaj.
Bajaj its not migrationits immigration. bird migrate people immigrate
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FrankZulu
08-17 01:11 PM
I got email for decision/post decision about a week back but no CPO email yet.
Sorry for my Ignorance on this, but what is CPO? Is it status changed to "CARD / DOCUMENT PRODUCTION"?
Sorry for my Ignorance on this, but what is CPO? Is it status changed to "CARD / DOCUMENT PRODUCTION"?
more...
pictures of twisted North Korean
shekhar10c
07-11 09:58 AM
I think if someone forward message abt frm where originally flowers came frm to walter hospital-to soldiers who r receiving those flowers frm USCIS(well atleast now USCIS thinking abt them through our efforts). hahahaa.
Thats cool Glus
Thats cool Glus
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tawlibann
03-26 06:22 PM
Agreed. But EAD doesn�t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it�s a waste of time/money for the company to consult with the legal department.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
I believe it�s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
Even if the EAD falls under I-140/AC21, you don't necessarily have to invoke portability. It is none of their business under what category the EAD is. I can have an EAD from I-140/I-485 filing, and then use it to work for five years at one employer, and then switch to a third employer to port the I-485. If the GC process is going to take 10 years, why should I want to invoke AC21 every time I switch a job? I would do this only at the last job I take, when my PD becomes current.
more...
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andycool
08-18 10:01 AM
Hi AndyCool,
How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
Thanks
Dreamer05
I just selected need Information thats all it has nothing to do with SR
How did you open Infopass on aug 5th, because once SR is created they say wait for 45 days before opening infopass, as in the page where we open infopass it asks for SR#?
Can you please share what option you selected in the web page when you tried to open a Infopass appointment.
Thanks
Dreamer05
I just selected need Information thats all it has nothing to do with SR
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SunnySurya
08-07 12:09 PM
No thats not what I am saying. Let me repeat what I am saying and this comes out of the draft I am working with a lawyer
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
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little_willy
08-20 10:46 PM
With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
punjabi77
11-20 02:26 PM
Correct me if I am wrong. If a person has a good paying job and if he decides to foreclose, isn't he responsible for the loss incurred by the bank. It is a different case if you have no income, but just because you lost money because of a wrong decision, how could you walk away free with just a dent in your credit history. Maybe I am missing something here.
BTW, I am not judging OP in any way, just curious with how foreclosures work as they make headlines everyday now.
Thanks for the feedback so far from people on this group.
Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..
i hope u got my point..
BTW, I am not judging OP in any way, just curious with how foreclosures work as they make headlines everyday now.
Thanks for the feedback so far from people on this group.
Answering to the question about making bad decision and having a good job..well it is not my bad decision that has brought down the whole market but the banks and stupid people who took loan and didnt knew the consequences of ARM loans and then started filing for foreclosure.. because of those foreclosures the property rates have went down and i cannot get what i paid for the house.
if this whole mess was not there then anyone can find a good job and sell his house, if not profit then atleast with no loss..
i hope u got my point..
waitnwatch
08-21 12:33 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
