trueguy
08-12 05:48 PM
Based on this poll, anybody with PD of Jun2002 onwards should consider Porting to EB2.
Any thoughts?
Any thoughts?
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jetflyer
06-13 10:05 AM
They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:
EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)
Now current status and its cause:
EB1: - No jumping, no gaming system : Hence NO DELAYS
EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE
Result: Got retrogressed
EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon
Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers
EB 2:: High, general pay starts high $80k and goes somewhere $140k+,
EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)
Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)
Now lets checkout preference:
Preference from perspective of country, what benefits country the most:
EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate
Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.
End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself
The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days
You are purely thinking about your perspective and neglecting the purpose of GC for the country.
To qualify in EB1/Eb2/EB3 depends on some factors:
EB1: Extra ordinary candidate, may or may not be represented by employer
EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)
Now current status and its cause:
EB1: - No jumping, no gaming system : Hence NO DELAYS
EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE
Result: Got retrogressed
EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
Result: Severely retrogressed with no hopes in horizon
Now lets look at market demand ( we know supply of apps is pretty darn good)
EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers
EB 2:: High, general pay starts high $80k and goes somewhere $140k+,
EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)
Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
EB1: say 50K (5%) - (fast processing - Express lane)
EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)
Now lets checkout preference:
Preference from perspective of country, what benefits country the most:
EB1: ohh : lets get them in ASAP
EB2: yes yes we welcome you please come in (after some long wait)
EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate
Now This:
Like everything in the world, the fewer the qty the hotter the product,
the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.
End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I’m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself
The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
and trying to think for a solution.... Next thought -> Solution, I will post in coming days
JazzByTheBay
12-12 10:16 PM
Excuse my cynicism, but that hasn't quite worked out with the crowd in question (so far... ), has it? :)
Context: the highlighted part in your quote...
jazz
We already have chapters as the first and foremost source of valuable information. Once someone becomes involved and committed, they will signup for monthly contributions themselves. If we have enough of that to guarantee a decent source of recurring income like 20 40 k or whatevr, I dont see the need to deprive some depressed soul surfing the net looking for some reassuring information from having to goto bed in peace.
Context: the highlighted part in your quote...
jazz
We already have chapters as the first and foremost source of valuable information. Once someone becomes involved and committed, they will signup for monthly contributions themselves. If we have enough of that to guarantee a decent source of recurring income like 20 40 k or whatevr, I dont see the need to deprive some depressed soul surfing the net looking for some reassuring information from having to goto bed in peace.
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h14life
07-18 10:44 PM
This is applicable when 140 has been approved. If 485 is retrogressed then you will get 3 year extension. If it's current you will get 1 year extension. Guess depends on luck. For e.g if some one has applied for extension in July he/she will now get only 1 year. I found this in a lawyer's chat transcripts.
yes i believe so. i applied my 8th yr h1 ext on may 16 and requested 3 yrs ext. with receipt date may 22. in june my 485 was current. filed for 485 end of june. file prob. reached there on july 2nd. fiasco announcement. july 17th mess is patched up saying dates are current. on july 18th i get a response from atty saying i got 1 yr ext. even though 3 yrs were requested. this is because my dates were current in june & july when they processed h1 ext. but it's a pain to process h1 ext each year based on 1 yr ext.
yes i believe so. i applied my 8th yr h1 ext on may 16 and requested 3 yrs ext. with receipt date may 22. in june my 485 was current. filed for 485 end of june. file prob. reached there on july 2nd. fiasco announcement. july 17th mess is patched up saying dates are current. on july 18th i get a response from atty saying i got 1 yr ext. even though 3 yrs were requested. this is because my dates were current in june & july when they processed h1 ext. but it's a pain to process h1 ext each year based on 1 yr ext.
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cowboy
07-18 12:52 PM
I am not sure if that is going to be an advantage since my PD was not current in JUNE
polapragada
09-13 10:19 PM
I did the remit request when $1 = 44.55 They debited the money same night it self...
But they haven't credited the money in my bank account yet Its been 7 days.
They are real frauds
But they haven't credited the money in my bank account yet Its been 7 days.
They are real frauds
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cashah19
06-15 12:31 AM
Thanks guys for all the posts. I guess I have a little ignorant question. If I am married does my wife need to be here for me to file her 485. I am getting court marriage done in July 2007, and hope to file my 485 as soon as I have my marriage certificate, I am sure will be filing in July, but my wife won't be coming to the US till Jan 2008, which is when we have will have the ritualistic wedding. Does she need to be here for any paperwork. She could come on H4, but her parents won't let her stay for long. Does she need medical tests as well from civil surgeon when I file for her? I am hoping she can come in Jan on H4, and then get her EAD along with mine.
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vallabhu
07-14 08:59 PM
Signed.
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anilnag
03-10 06:09 PM
Thanks for the excellent info on pending applications. Now we can guess why EB3I is crawling for past few years.
With regular quota of 3000 per year EB3I (until July 2007) will be cleared in next 20+ years.
With regular quota of 3000 per year EB3I (until July 2007) will be cleared in next 20+ years.
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pappu
01-31 12:42 PM
it is good indeed. but i just happened to visit aila.org and it says this news "no more labor subs" is just a rumor of the day.
I wish the fee increase news was a rumor instead!
I wish the fee increase news was a rumor instead!
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sts_seeker
03-22 02:32 PM
Hi Prashad and other experts,
Would you able to share the sample letter if you used any in past or what contents it should have when replying to the RFE for I-140? Please reply or send me a private message.
Thanks
sts_seeker
Would you able to share the sample letter if you used any in past or what contents it should have when replying to the RFE for I-140? Please reply or send me a private message.
Thanks
sts_seeker
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furiouspride
04-17 10:21 PM
wow! you can't even ask your peers for honest feedback without being judged. :(
Not being judgmental at all. This is a question that has to be posed to the HR department in the company and not to 'peers' on a forum. The profile says he/she is on EB2 and then he/she goes on to ask this
"let me know if they have done EB2 with this scenario." WTF! :D While I'm not against getting your degree online or IGNOU but you need to at least have the acumen to geo-locate yourself it nothing else :D Other skills are far superlative and come much later :D
Not being judgmental at all. This is a question that has to be posed to the HR department in the company and not to 'peers' on a forum. The profile says he/she is on EB2 and then he/she goes on to ask this
"let me know if they have done EB2 with this scenario." WTF! :D While I'm not against getting your degree online or IGNOU but you need to at least have the acumen to geo-locate yourself it nothing else :D Other skills are far superlative and come much later :D
more...
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shreekarthik
01-31 12:24 PM
1. As for as I can see the 45-day rule comes in to force only after the rule is published in federal register. So all LCs approved after this publication will have 45days of life and has to be used by the original applicant. It's still a grey area as to how LCs approved before the rule publication will be affected. From immigration-law.com, my understanding is that all the LCs approved before this publication will have 45 days from the date of publication and if the I140 is not filed by then they'll expire. So all LCs approved so far will have 45days from the date of publication. Now to Labor sub.
2. Substitution of labor can be done by 2 methods
a. by amending the existing labor certification before approval
b. by substituting after approval.
3. When u do either 2.a or 2.b DoL stamps a substitution approved stamp on the LC.
4. If you are doing a labor sub and u fail to get this stamp before the rules goes in to effect then ur lab sub will be automatically rejected.
5. If your labor sub is approved before the rule is published in the federal registrar then u go ahead and file I140.
2. Substitution of labor can be done by 2 methods
a. by amending the existing labor certification before approval
b. by substituting after approval.
3. When u do either 2.a or 2.b DoL stamps a substitution approved stamp on the LC.
4. If you are doing a labor sub and u fail to get this stamp before the rules goes in to effect then ur lab sub will be automatically rejected.
5. If your labor sub is approved before the rule is published in the federal registrar then u go ahead and file I140.
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lokesh_sub@yahoo.com
08-11 07:13 PM
aug 2003
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Karthik Thambidurai
07-14 06:46 PM
signed
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hope_4_best
08-11 02:36 PM
Done
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gc28262
03-10 07:17 PM
This data is ambiguous from the USCIS. It very well could represent pending 140 petitions, in which case all the euphoria would turn to shock. We must try to get clarification about this before anything else.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
The best strategy is to prepare a request that will get all the details and route it through different senators.
Multiple members from different geographical area should route the same request through their senators.
If the query result from all these senators doesn't match, we will know USCIS didn't give the proper info.
In that case we can follow up with senators for the real data.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
The best strategy is to prepare a request that will get all the details and route it through different senators.
Multiple members from different geographical area should route the same request through their senators.
If the query result from all these senators doesn't match, we will know USCIS didn't give the proper info.
In that case we can follow up with senators for the real data.
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swamy
11-06 06:34 AM
Theres an enforcement only bill that increases the h1 cap to 130000. Ofcourse enforcement doesnt include making sure the EB quota is used every year - not that enforcement.
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little_willy
08-11 06:23 PM
IV tracker shows 3000+ EB3-I applicants, however, it is not a good tool to make analysis off of. The sorting function does not consider month-year combo. Anybody knows how to download the data to run your own post processing??
The tracker has more than 6000 entries with missing "Nationality" and "Country of Chargeability" filelds for EB3 applicants. Assuming the majority to be from India, the actual EB3-I entries may exceed well over 9000 and it is a pretty good sample size.
The tracker has more than 6000 entries with missing "Nationality" and "Country of Chargeability" filelds for EB3 applicants. Assuming the majority to be from India, the actual EB3-I entries may exceed well over 9000 and it is a pretty good sample size.
sc3
06-12 03:02 PM
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
Exactly, everywhere the language is similar.
If EB3 were to get only the leftover numbers after EB2 is finished, the statement would read "...not required by second preference", because the statement in EB2's paragraph "not required by first preference" would add to Eb2 numbers (and may no longer be differentiated as EB1 rollover numbers). So a statement in EB3 along the lines of "not required by second preference" will clearly say that rollover from EB1 is to EB2 only. And any further rollover from EB2 will be considered depending on the demand for EB2.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
Exactly, everywhere the language is similar.
If EB3 were to get only the leftover numbers after EB2 is finished, the statement would read "...not required by second preference", because the statement in EB2's paragraph "not required by first preference" would add to Eb2 numbers (and may no longer be differentiated as EB1 rollover numbers). So a statement in EB3 along the lines of "not required by second preference" will clearly say that rollover from EB1 is to EB2 only. And any further rollover from EB2 will be considered depending on the demand for EB2.
easygoer
05-26 06:17 PM
Salient features of Bill: S.1085
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Thanks realizeit to present simple format.
After analyzing this bill, I found the following:
1. This bill will recapture all those unused employment based visas (gcs) from 1997 till 2008 and it will add those recaptured visas to this year's employment based quota.
2. After the passage of this bill, any unused visas will rollover to the next year. So, no more wastage of visas as we go forward.
3. Per country limit will be increased from 7% to 10%, so more folks from over subscribed countries would be able to come under the normal yearly quota.
4. We will be able to avail the benefits of the recapture after 60 days of the passage of the bill. That means, if they are able to recapture 220,000 (approx) employment based visas, the employment based category will be able to use all those after 60 days of the passage of this bill. USCIS is pre-adjudicating all I485s pending and if this bill gets passed in say for eg by October 30, almost all (80%) in this community (who filed 485) would be able get their GCs in Jan and Feb of 2010.
What makes this bill much more interesting is:
1. This is not a bill targetting the issues of Employment based category - So there won't be a huge backlash against this in the name of the economy and recession. The provisions for the employment category are just one item in this bill.
2. Family based immigration reform has a wider range of support from all kinds of groups unlike Employment based immigration reform. Just search for this bill "Reuniting Families Act" in google news and you can identify all those organizations supporting this bill (they all have a news release).
Complete Text of this Bill:
http://thomas.loc.gov/cgi-bin/query/z?c111:S.1085:
Thanks realizeit to present simple format.
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