ski_dude12
08-26 03:33 PM
Even my case was transferred from NSC to TSC. My I-485 receipt has receipt date as July 3 2007 but the notice date is September 7 2007. My A# is on the receipt but no PD.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.
In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.
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gc28262
07-21 10:07 AM
Where can we find a copy of the document that is used by USCIS to interpret the spillover rules?
Uscis.gov --> LAWS-->Immigration and Nationality act-->Immigration and Nationality Act (Legal Code)->203 Allocation of immigrant visas
Uscis.gov --> LAWS-->Immigration and Nationality act-->Immigration and Nationality Act (Legal Code)->203 Allocation of immigrant visas
meridiani.planum
08-25 01:25 PM
,... I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
....
its the same script, just the actors change.
P.S: Remember you from your days on immigrationportal.com... thanks for spending time on IV. The new-kids-on-the-block are always jumpy and eager, many old-timers who have been beaten into submission by USCIS appreciate your expertise and words of caution...
....
its the same script, just the actors change.
P.S: Remember you from your days on immigrationportal.com... thanks for spending time on IV. The new-kids-on-the-block are always jumpy and eager, many old-timers who have been beaten into submission by USCIS appreciate your expertise and words of caution...
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unitednations
03-08 06:41 PM
In defense of the EB2I argument thought UN, I could argue that the Horizontal spillover was right all along and it was EB3ROW that benefited since 2005 at the expense of EB2I.
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.
btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.
Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).
As you rightly point out, there is room for interpretation in the way the law is written, and that is why we keep having this discussion. I remember vehemently having this discussion with you on immigration.com. The bottom line is I am still waiting having been "current" twice since that time! The interpretation view of spillover over the last year is the only thing that gives me any hope near term.
In the mean time, those like me have dealt with a barrage of other processing changes that have affected EB2I ie Labor Subs., Eb3-EB2 jumpers, the July VB fiasco impact on older 485s etc. Not sure about the exact extent of each, but nonetheless, you feel screwed by the system when your 485 is pending for near 4 yrs.
This is one harrowing experience everyone wants to forget once they get greened. Thanks for sticking around with your valuable insight.
I feel where you are coming from; I am also from the waited four years to get approved from filing 485 club.
btw; every person I know of from India who has gotten green from October 2008 were those eb3 guys who converted to eb2 through perm labor. I have a feeling that this is going to cause a lot of stress to eb2 as many people have been able to obtain old priority dates through eb3. Maybe not much solace but with perm labors taking 9 months to get approved now (most recent approvals were filed in July 2008) it does help India a bit. It is taking longer for eb2 ROW to get into 140/485 que and would cause more visas to be spilled over. If labors were getting approved fast then there would be less spillover in this fiscal year.
Department of State is really playing with people with their continuing change of how they are interpreting the law with regards to visa spillover. In Mid 90's I left USA (one of the reasons; not main reason was because I was told it would take about three years to get greencard; looks like a small wait compared to now).
more...
drirshad
09-03 06:13 AM
I am one of the July 2 filer and calling the level 2 does not help should I check the TSC than NSC with them for my 485 app or it does not matter, my 140 was approved from NSC with April 2005 priority ....
GCNaseeb
08-29 01:08 PM
That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.
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gsc999
07-08 10:51 PM
Thanks to the three members for volunteering.
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EB3RESTOFWORLD
09-26 02:03 PM
WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS
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sb15
08-25 10:33 AM
When i initially got RFE, i didn't know at that time that there were already few H1-B's denied from my company. I believe last year when CSC started processing H1-B's they issued RFE's to lot of companies. Most of them got through even though they had few issues but unfortunately my ex-employer got caught and they have denied majority of extensions and new petitions with the reasons i have mentioned before. Till that time, i didn't had much knowledge about the process. I thought i was safe coz my W-2's were almost double the amount that stated on the labor and i was employed, i have provided all the client details, PO and everything. Inspite of that, my extension was denied. Coming to your questions, i have moved out of the company after 6 months of my 485 filing. I haven't filed any H1-B, No AC21(just change of attorney) and i also have an another 140 pending with my new employer and i don't think that 140 is going to work coz there are lot of complexities. Talk to your employer about this. Are you the only person in this situation or anyone else with you in your company. Are there any other petitions that are recently being approved or denied? He is the right person who can tell you about your petition. If you think your employer is not that good by sticking with all the rules,you still have time to move to another company. Even if your petition gets denied, if you want to maintain H1-B status, you can still do that, but there is little bit of extra money involved to get back on to it.
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
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senthil
06-15 01:01 PM
as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?
in other words can we take it for granted that the dates will NOT move back till the last working day of july 07
any ideas / inputs ?
in other words can we take it for granted that the dates will NOT move back till the last working day of july 07
any ideas / inputs ?
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Ram_C
11-06 02:09 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
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snhn
11-21 12:02 PM
Hey man. What a brave man you are. Rather then worrying about your self, you are actually concerned about your wife getting her green card. I commend you. I dont what I would have done, If I had been told this news.
your whole family will be in our prayers. I am sure you are seeking all the help you need, but right now your #1 priority should be beating this. Green card will come and go, but your health is number 1.
Where are you. I believe if you get in touch with the senator or congressmen from you state, I am sure they will help you in this matter.
Peace and take care.
your whole family will be in our prayers. I am sure you are seeking all the help you need, but right now your #1 priority should be beating this. Green card will come and go, but your health is number 1.
Where are you. I believe if you get in touch with the senator or congressmen from you state, I am sure they will help you in this matter.
Peace and take care.
more...
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desi3933
07-10 11:42 AM
....
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
looks like this case actually tells me that maybe we could do self-employment easily...
The problem with self employment is demonstrate
1. AC-21 job is in same classification as original labor/I-140
2. New job is bonafide
In order to show that the new job is "real", one has to show
1. The business is real, not just paper shop
2. Business Plan, Funding to support employees
3. Any contracts, orders etc
If business is new, it becomes difficult to show that business can offer full time job to someone at say 60k salary per year. Now, if business has some capital funding or line of credit from bank or some long term contracts, then it is relatively easy to show that business can support employees.
The burden of proof, in case of RFE, lies on beneficiary.
__________________
Not a legal advice.
tattoo can get a case in Queens
JunRN
08-31 07:57 PM
I am not against this rally...people with time and resources must go to this rally.
I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!
I am in F1 with no income...all I can do for you is to solve my own worries and not a burden to you!
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at0474
12-16 12:31 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
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Libra
07-04 10:48 AM
My I-485 application was received by USCIS at 9:01am on july 2nd and signed by R.MICKELS. Hmmm....but still there's no use.
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485Mbe4001
04-21 03:27 PM
http://download.srv.cs.cmu.edu/~pausch/
Please click on the 'Last Lecture'. it is a 76 min lecture by a professor Randy Pausch from Carnegie Mellon University who is suffering from pancreatic cancer. it is about life, goals and dealing with the issue.
more information about him at http://en.wikipedia.org/wiki/Randy_Pausch
"The "Last Lecture"
Pausch delivered his "Last Lecture," titled "Really Achieving Your Childhood Dreams," at CMU on September 18, 2007.[7] This talk was modeled after an ongoing series of lectures where top academics are asked to think deeply about what matters to them, and then give a hypothetical "final talk," i.e., "what wisdom would you try to impart to the world if you knew it was your last chance?"
Before speaking, Pausch received a long standing ovation from a large crowd of over 400 colleagues and students. When he motioned them to sit down, saying, "Make me earn it," some in the audience shouted back, "You did!"
During the lecture, Pausch was upbeat and humorous, alternating between wisecracks, insights on computer science and engineering education, advice on building multi-disciplinary collaborations, working in groups and interacting with other people, offering inspirational life lessons, and performing push-ups on stage.
"
Please click on the 'Last Lecture'. it is a 76 min lecture by a professor Randy Pausch from Carnegie Mellon University who is suffering from pancreatic cancer. it is about life, goals and dealing with the issue.
more information about him at http://en.wikipedia.org/wiki/Randy_Pausch
"The "Last Lecture"
Pausch delivered his "Last Lecture," titled "Really Achieving Your Childhood Dreams," at CMU on September 18, 2007.[7] This talk was modeled after an ongoing series of lectures where top academics are asked to think deeply about what matters to them, and then give a hypothetical "final talk," i.e., "what wisdom would you try to impart to the world if you knew it was your last chance?"
Before speaking, Pausch received a long standing ovation from a large crowd of over 400 colleagues and students. When he motioned them to sit down, saying, "Make me earn it," some in the audience shouted back, "You did!"
During the lecture, Pausch was upbeat and humorous, alternating between wisecracks, insights on computer science and engineering education, advice on building multi-disciplinary collaborations, working in groups and interacting with other people, offering inspirational life lessons, and performing push-ups on stage.
"
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mchundi
05-03 04:02 PM
:) sure you are otherwise you wouldn't be living here.
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
I am not againist H4 guys but i can't help but laugh when H4 guys complain that they were being treated bad by not allowing them to work.
One has to understand that US allows ppl on a certain basis and H4 is nothing but to join your spouse (or something like that for kids).
One can request them to make a provision for H4 ppl to work but blaming that they haven't done that simply by fogetting on what basis they entered US.... hmmm i don't know.
Questioning their speed of process and other irregular rules... yes i am with you but blaming them for above ... i don't think that is fair.
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
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eb3_nepa
08-18 02:50 PM
so the best u can reply is by cursing me... hahahaa
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
There are various degrees of cursing and you were clearly crossing the line. I dont think the IV forum is a place to be "innovative" with cuss words.
If you are that "innovative", why dont you write that letter yourself. Why are you looking for the support of the IV community?
What have YOU done for the IV community except ask everyone to join you in your tiny specific micro-action items which benefit only a small fraction of the community like 5 people who have joined this law suit. Is that your definition of "innovation"? Coz if it is, I would much rather be a LOWLY Eb3 and fight for a common cause than be an "upper class" Eb2 fighting for just myself.
rogerdepena
09-27 12:16 PM
i got an email from CRIS today. thanks for making my day CRIS. lol.
bayarea07
02-03 04:08 PM
Another thing i have found out here among many groups of indians here is that they are trying to do what others are doing in their group so if others are not returning back then there are also not probably returning back.
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