485Mbe4001
06-10 12:32 PM
From Ron Gotchers site:-
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
Something is seriously out of whack. EB3 is "unavailable." EB3 "other workers" however have a cutoff date. The applicable statute provides:
"
Quote:
203(b)(3) Skilled workers, professionals, and other workers.--
203(b)(3)(A) In general.--Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
. . .
203(b)(3)(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii). "
That's not a set aside for "other workers" - it is a limit. In other words, "other workers are not guaranteed 10,000 visas each year, they are limited to no more than 10,000 visas out of the 28.6% of the overall quota that is guaranteed to EB3 applicants.
How can "other workers" have a cutoff date when the rest of EB3 is unavailable?
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eb3_nepa
07-05 10:35 AM
Hello everyone,
This is what I have done today. Called up BOTH my Senators and My local Congressperson. First asked them the name of the Person in-charge of immigration. Then Faxed him/her a ONE page description of what has happened and Urged them to take action.
Please do the same with your local Lawmakers. I believe that if Enough people call and fax them, they WILL do something eventually. It's a NUMBERS GAME and only if enough people contact them will they budge.
Please contact your lawmakers with a Nicely typed letter explaining your current situation and what the USCIS has done.
This is what I have done today. Called up BOTH my Senators and My local Congressperson. First asked them the name of the Person in-charge of immigration. Then Faxed him/her a ONE page description of what has happened and Urged them to take action.
Please do the same with your local Lawmakers. I believe that if Enough people call and fax them, they WILL do something eventually. It's a NUMBERS GAME and only if enough people contact them will they budge.
Please contact your lawmakers with a Nicely typed letter explaining your current situation and what the USCIS has done.
NNReddy
09-05 12:57 AM
I came to USA in July 1997. I did my masters here. I worked for 3 fortune 500 companies so far. I have been with one company since last 11 years. I am on EB3(mar 2003). I am a senior manager in fortune 50 company and on the path towards directorship. I wish I had green card, that didn't prevent me from having a good life and career. I brought an house 10 years ago. All I can see few more years of wait. Reg' Pappu post about action, the only action I can take is converting my case to EB2, which I tried several times within the company and it didn't work. The second action I can take is change employer. I have a good career, pay in this job, not sure if I would be able to get same one outside.
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Saiom19
08-10 05:56 PM
eb3_nepa - I somewhere read in ur posts that u already received the reciept ..or atleast ur cheque got encashed........u posted something on those lines in one of ur posts.
more...
indio0617
03-16 10:13 AM
Got through this time. Same answer... that they will resolve it soon.
villamonte6100
04-01 10:22 AM
If you need solutions to your problems, you need to act as professionally as possible. Please stop throwing tantrums and also mind your P's and Q's when you utter expletives against the USCIS. Would you be brave enough, if not foolhardy enough, to reproduce whatever you've said in your threads here in a separate letter and send it out to the USCIS? Trust me, you'll not, since you'll act politely and courteously to make out your case. Decorous behaviour is called for when dealing with pertinent issues in the IV forum.
Cheers Mate!
Cheers Mate!
more...
kumhyd2
07-13 03:00 PM
guys! who have those documents/letters being sent can you have a scanned copy of these documents/letters so that others can just download them and attach them with their email instead of cut copy paste and format. May be the administrators can have file/document section some where on the site so that people can grab the documents and send out to whoever they want to
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AllVNeedGcPc
05-20 09:08 PM
...Thanks God
Enjoy these moments.
Here's my journey so far.
0. Arrival - 1999
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Late April 2011 - Sent emails to NSC update, TSC update and TSC auto-current-date address
f. Early May 2011 - Contacted Congressman
6. Approval - Occurred the evening Congressman called NSC
a. Mid May 2011 - CPO email and cards within a week
Enjoy these moments.
Here's my journey so far.
0. Arrival - 1999
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Late April 2011 - Sent emails to NSC update, TSC update and TSC auto-current-date address
f. Early May 2011 - Contacted Congressman
6. Approval - Occurred the evening Congressman called NSC
a. Mid May 2011 - CPO email and cards within a week
more...
pappu
09-13 06:08 PM
Is there any media organization left to be notified? :)
contact all major TV channels and newspapers.... (phone /email)
contact all major TV channels and newspapers.... (phone /email)
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TeddyKoochu
12-10 07:20 PM
What are you repenting? That you were not married in July 07 ... well that's not your 'sin' or is it?
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
Friend agree with what you say, but the pain for Jul 07 Misser's is the maximum (Or atleast one of the worst) in the group. I just happened to miss the windfall because my labor was approved couple of months later. For individuals in our group being able to file for 485 is itself equivalent to getting GC as it enables us to get EAD & AP for self and family, if you ask us we don't mind paying the fee. We don’t know when we will reach the Toll Plaza for the 485 tunnel, or where it is right now or how far are we! Every year is part of hoping till the very end, only our optimism lives on.
more...
kevinkris
09-12 05:13 PM
Hi All,
Lots of people agreeing.
singhsa3, since you started it, finalize on what we all need to do.
Thanks
Lots of people agreeing.
singhsa3, since you started it, finalize on what we all need to do.
Thanks
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kshitijnt
02-09 09:18 PM
In months of June, Jul and Aug , many EADs & APs are up for renewal due to July07 fiasco. So by moving dates forward, USCIS can cash in lot of reveue as it has to issue only 1 yr EAD in that case. If the dates are not current, they will have to issue 2 yr EAD and although they dont mean to approve many cases, I tend to think they will keep moving dates forward.
more...
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09-10 08:00 PM
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GCwaitforever
12-26 02:30 PM
http://www.cyrusmehta.com/News_Cyrus.asp?news_id=1426&intPage=85
II. News from the Department of Labor (�DOL�)
Progress at the Backlog Elimination Centers (�BEC�)
William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.
II. News from the Department of Labor (�DOL�)
Progress at the Backlog Elimination Centers (�BEC�)
William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.
more...
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Miya Maqbool
09-10 03:32 PM
HI Pappu,
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
PLease post the total amount received end of the day on the web site....
Hopefully we will exceed the required amount....
Go IV!!!
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gcgonewild
04-29 04:22 PM
Pappu,
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
more...
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hopefullegalimmigrant
12-27 09:14 AM
Looks like in majority end july through August are pending the receipt of AP not to say some of the guys have still got it but they are from various service centers. Very inconstent. This is a document that has no accountability to be completed by X amount of time but we have all paid fees for it. Come vacation time and no AP, we will have to make the trip without the document. Its not that one decides to go to vacation every month. This is a losing deal for us. How do we address this delay? Infopass does not help I was told unless you decide to lie wholesale.
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immi_seeker
09-28 10:10 PM
This is very bad . considering the fact that people have been put in to this endless wait of retrogression. FY2006 they wasted 11k visas and the whole year dates were retrogressed for most of the countries
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pappu
06-10 01:49 PM
The state chapters don't seem to be very effective.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.
Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.
I thought I was a member of the CA chapter but in the last few months I received no information from anybody in this chapter.
I was semi-active, meaning I helped with phone calls, money and prints and that's as much as I could do at this point in time.
And at some point there was a discussion about a new user group of only the people that are active and can contribute and it seems they went through with it.
I understand that some things might be better discussed in a smaller group with the people that can dedicate more time, but there are different levels of commitment and if you're not open and accept that some want to help but can't do as much as others, you're cutting yourself short.
When there is a big initiative or a push for funds and effort, you're not even reaching out to the bigger group; you're relying on the same small number of people and they too have limited resources and energy and will get tired.
Maybe I’m just having a bad day but that was my experience and CA is one of the most active chapters so maybe all is well I’m an isolated case.
Sometimes chapter leaders are unable to communicate the message to members on time or must be busy for their own reasons. We will note your feedback for future. Thanks.
sparuthi
08-13 05:02 PM
Yes. It may help, but EB3 is not the one who is going to get any piece out of it, as EB2 is increasing in huge amount. Even if it is CURRENT for 10 years, thats not going to help anyone below that level as everyone will qualify for EB2 in future, almost all the future candidates will have minimum of 5 years experience.
Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.
Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.
I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.
For EB3 i think there are 3 opportunities.. one pastures are turning green near home and India is not a bad place to be at this time ( i have heard salaries of 30-35L being common these days). thats one.. combined with 1 if the employer agrees (assuming they have operations in india), EB3 can be in india for a year and come back on L1A in an executive/managerial position and get into EB1 (few of my friends have done this successfully)...that was 2... and the last one is try to get into EB2 in the US which can be risky as others have pointed out..
so choices is there.. one has to be bold to take the step
Well, if one decided to continue the process of waiting, there won't be any career to talk about at the end.
Not possible for all to go to EB2 as most of the companies hesitate to spend huge amount again and same is applicable to the individual too. It may not be worth at the end to spend another 5K on this. Well said, we should then fight with our own friends (because they may not like us to get the Lion's share) before going to DOS and USCIS.
I am waking up from 'abroad' dream. The real dream in front is "Home", without any issue that works for me.
For EB3 i think there are 3 opportunities.. one pastures are turning green near home and India is not a bad place to be at this time ( i have heard salaries of 30-35L being common these days). thats one.. combined with 1 if the employer agrees (assuming they have operations in india), EB3 can be in india for a year and come back on L1A in an executive/managerial position and get into EB1 (few of my friends have done this successfully)...that was 2... and the last one is try to get into EB2 in the US which can be risky as others have pointed out..
so choices is there.. one has to be bold to take the step
piperwarrior
07-23 04:16 PM
I got the e-mail today as well. My PD is Sep 2005 and my I-485 receipt date was Sep 30, 2005.
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
They indeed are clearing up the pipes, so the situation is not as horrible as it seems to be. A pd of 2004 is considered "old" so as soon as visa nos become available in october, they would be the first ones to get approved.
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