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  • Berkeleybee
    04-10 08:51 PM
    Bee:

    Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit.



    I'm afraid there I may disagree with you -- it is not clear that the CFR can be amended at will, or all the time, by the agencies. Most amendments to the CFR come from "public laws" such as the amendments that came about due to AC21.

    (i) This discretion of the agency thing can cut both ways. According to the GAO report, http://www.gao.gov/new.items/d0620.pdf -- see page 22

    "In July 2004, USCIS published an interim rule in the Federal Register that allows it more flexibility in establishing the length of validity for Employment Authorization Documents (EAD).Previously, federal regulations required USCIS to limit the time EADs were valid to 1 year for specific types of applicants who applied for employment authorization..... Although the flexibility to set the length of EAD validity is available, USCIS is currently restricting its EAD validity periods to 1 year."

    So there is a great to deal to be said for forcing the hand of an agency -- as AC21 did in enabling portability, extensions of visas etc.

    (ii) Plus as a matter of practical reality -- do you imagine the moving like slow molasses USCIS/DOS/DOL are more persuadable than fire and brimstone congresspeople? :)

    We can certainly toss this out at our next set of meetings, and see if our fate is better served at the hands of USCIS bureaucrats than Congress.

    best,
    Berkeleybee





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  • mundada
    08-07 05:59 PM
    Can you back date your marriage during marriage registration?





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  • McLuvin
    03-04 10:59 AM
    EB3 Movement - Any Hopes?

    Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D





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  • 485Mbe4001
    06-04 05:38 PM
    actually Gotcher has a very valid point. USCIS creates rules based on their need and 'flavor of the month'. They should be open with their practices. We can then calculate the time it will take to get out of this mess.

    Once FBI name checks were a great deal, now they are ok to issue GCs in the interm, thousands were screwed in the process. Some times it is FIFO sometimes it is received date, sometimes it is something else. There are thousands whose professional lives are hanging at the mercy of these rules and arcane methods of functioning.



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  • vjkypally
    11-03 12:22 PM
    I m surprised why this was not discussed with USCIS. Quarterly spill over reduces the waiting time, and also ensures a fair way of doing spillover. If the rules state it should be practiced and it has not been done till now it is something that IV can easily convince USCIS to practice quarterly spillover with its contacts.EB2 I will remain same
    EB3 I will move little bit...

    Hoping for the Jan bulletin if at all any qurterly spillover.....

    some one from Immigration Voice should get the info USCIS regarding thequrterly spillover.





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  • ibb
    02-27 02:49 PM
    They gambled and they lost. Plain and simple.

    HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.

    Thank



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  • MDix
    02-11 03:19 PM
    Thanks for the link . After reading the doc your analysis does make sense.
    I am just confused that how they assigned 70K EB2 visas in 2008. Because EB2 share is
    40k + 4k(EB1 left over)+? how many FB = 70k . So from above it looks like all FB leftover went to EB2.

    Please clearify.

    Thanks,
    Mdix

    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link
    http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html





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  • downthedrain
    02-18 04:39 PM
    another LUD today for me 02/17

    Another LUD 02/18...probabaly another RFE



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  • vbkris77
    11-30 10:42 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________




    USCIS - I-Link Reference (http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCR D&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190a RCRD&CH=act)



    (1) Nondiscrimination. -


    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.


    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (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.



    This to my understanding gives 7% total immigrant visas. Also the next para doesn't mean anything if this is not different for FB and EB.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that





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  • nozerd
    04-13 11:35 AM
    This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
    To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.

    What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????

    "F. VISA AVAILABILITY DURING THE COMING MONTHS

    Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.

    Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.

    One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."



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  • h1b_forever
    05-18 12:08 PM
    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





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  • meridiani.planum
    01-05 03:42 PM
    I am curious to know with whom he spends the night with...only that one is eligible to come on H4.

    Damm...my imagination is running wild.

    this confirms that you are not married.
    I am, and as every married male knows, you sleep alone. Does not matter how many wives you have. Its something to do with the transformation that occurs in them as they go from girlfriend 1.0 to Wife 1.0.



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  • pady
    08-21 10:13 AM
    Office of Inspector General, they investigate all Labor Frauds





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  • naushit
    12-12 01:19 PM
    .doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...




    I know how to go to IRAQ, Just join Army...they will post you tomorrow ;) .
    Easiest way to go to IRAQ with paid airfare ....;)



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  • champu
    02-21 07:58 AM
    Never heard of such checks...
    Is this the norm now.





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  • pmb76
    07-20 04:57 AM
    You sure are a spindoctor : You gave yourself a worthy id. Why do you have to call USCIS cruel for the choices you made ? USCIS has not separated you from your wife. You have chosen to live in this country and you have the choice to be with her or not. Remember - no one can force you to do anything in this world. Life is always a tradeoff for every living creature in this world and we must learn to make the best of it. Although I do sympathize with you - you need to grow up and stop blaming others for your mistakes.



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  • vasa
    08-21 02:21 PM
    Hi All,
    I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.

    i have just once concern (well more of clarification than a concern):

    - if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
    - if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?

    i may have few terminologies wrong so apologize for that.

    will appreciate a response.

    Thanks





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  • hopefull
    07-06 04:51 PM
    :D Thanks for the laughter. :D I almost fell out of chair imagining the depths of your imbecility! :D


    well the only words that fit you are

    "LAGE RAHO GRAVITATION BHAI"





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  • obviously
    03-21 01:01 PM
    http://immigrationvoice.org/forum/showthread.php?t=3361&page=2

    Consider taking copies of ALL the flyers... they all have different angles... and will appeal to different needs and interests... but share a common set of core goals.

    Obviously





    eb3retro
    01-13 04:08 PM
    thats ok, no need of apologies. all i am asking you is to keep it to the point that you opened this thread for and discuss the options. We do not need to go into who is the guru here with so many number of postings etc..its totally irrelevant to this thread. again, when you open a thread with questions, please be prepared not to accept atleast expect different forms of opinions from different people. u have a nice evening too.

    Hey does my posting is offending you, if sorry man.

    I'm just concerned as we see lot of people who come here to gain knowledge.
    And some lazy guys see postings and take them granted you know. Thats why I don't want someone to be in that situation. Have nice evening my friend.





    vrbest
    09-10 01:01 PM
    Still pending... Just checking to see if there are many waiting like me

    Thx

    NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    Still pending approval..

    What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...



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