
jetflyer
06-10 09:20 AM
There is a chance of EB1 & EB2 ROW spillover :D
US bulletin is out too:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.
US bulletin is out too:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.

immm
07-19 01:21 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.

piliriver
03-14 03:46 PM
Hi,
Does anyone has recently got I-485 approval after porting priority date from earliar EB3 filing.
My I-140 got approved 2 weeks back and based on priority date, I am current. Ny EB3 485 was filed in July 2007.
How long it is taking for I485 to get approved after I-140 approval when the priority date is current.
Thanks
PR
Does anyone has recently got I-485 approval after porting priority date from earliar EB3 filing.
My I-140 got approved 2 weeks back and based on priority date, I am current. Ny EB3 485 was filed in July 2007.
How long it is taking for I485 to get approved after I-140 approval when the priority date is current.
Thanks
PR

Raju
07-06 04:05 PM
AILA has reported a very interesting or confusing DOS LegalNet Office letter which one of the members received towards the fact that the consular posts had already been allocated their numbers for the month of July prior to EB visa numbers becoming unavailable on July 2 and that the posts may continue to use their July allocations of EB numbers, and continue to issue Immigrant Visas for the rest of this month, July, for those applicants who were scheduled for IV interviews in July. Hm.....................................
This was what I mentioned earlier. This was reported by AILA a while ago.
This was what I mentioned earlier. This was reported by AILA a while ago.
more...

us-alien
07-23 05:22 PM
Guys, We just got the magic e-mail.!!
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Here's my analysis on how this case which a late PD could have been approved this fast:
1) this labor might have been approved from one those states which had fast approvals was able to able to apply for concurrent filing before jan 1st, 2005 when EB3 retrogressed.
2) since there were very less cases between 2003-2004 in I-485 (due to slow BEC processing), this particular case was selected based on RD.
3) but with the current openings, there will be a lot of cases between 2003-2004 enough to use up the numbers esp for india until the next several years.
So i dont think we can guess that the I-485 dates will now be at 2005 or later.
Card Production ordered
PD AUG 2004
RD :FEB 2005
EB3 INDIA :) :) :)
thx everyone for your help and suppport!!
Here's my analysis on how this case which a late PD could have been approved this fast:
1) this labor might have been approved from one those states which had fast approvals was able to able to apply for concurrent filing before jan 1st, 2005 when EB3 retrogressed.
2) since there were very less cases between 2003-2004 in I-485 (due to slow BEC processing), this particular case was selected based on RD.
3) but with the current openings, there will be a lot of cases between 2003-2004 enough to use up the numbers esp for india until the next several years.
So i dont think we can guess that the I-485 dates will now be at 2005 or later.

ameryki
01-14 04:50 PM
I have a similar question -- the USCIS site says document mailed on Dec 26th, but I am yet to receive it. I have not heard from the Lawyers either. USCIS mailed the receipt to the lawyers but EAD to our home, what's the deal with AP - home or lawyers?
AP goes to your lawyer!
AP goes to your lawyer!
more...

starscream
05-02 09:36 AM
Received a direct deposit from IRS today of $1200. I am on H1B and my wife on H4 and both of us have SSNs. We had filed jointly.
Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.
It all adds up...
Also another friend of mine received his refud for a family of 4 - he is on H1B, wife on H4, both have SSNs, one daughter US citizen (has SSN) and another daughter Indian citizen (no SSN). He got 600 + 600 + 300= $ 1500.
It all adds up...

zoooom
07-15 03:39 PM
Login to your bank account (This is for BoA)
Go to Bill Pay>>Payees>>Add a Payee
You will see two options
1)Pay a company
2) Pay an Individual
Click the GO button next to Pay an Individual (without entering any information)
In the next page
You will see a small form
Payee- is the name- in whose favor the check will be made
Nickname is for your reference
In Identifying information- you can put your handle
Rest is obvious
Payee creation is one time setup
Once you have created a payee
Go to Bill Pay>>Overview
and here you will see an option to make a payment
Thanks and Done...
ref num: 7YFFZ-0KY4F
Go to Bill Pay>>Payees>>Add a Payee
You will see two options
1)Pay a company
2) Pay an Individual
Click the GO button next to Pay an Individual (without entering any information)
In the next page
You will see a small form
Payee- is the name- in whose favor the check will be made
Nickname is for your reference
In Identifying information- you can put your handle
Rest is obvious
Payee creation is one time setup
Once you have created a payee
Go to Bill Pay>>Overview
and here you will see an option to make a payment
Thanks and Done...
ref num: 7YFFZ-0KY4F
more...

unseenguy
02-13 10:51 PM
I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would contributed for IV.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.
I never said, I won't spend a penny for parents. What I said is, and you can go back to my post, is you should not send money to your parents to "support" them when your spouse is not willing to. Now I do apologize for how I actually said, since its misinterpreted, but again, if someones parents had money requirements, then they should make it clear at the time of "arranging" the marriage, not push it under the rug after marriage. And in this situation (pushing things under the rug), if your spouse does not agree to sending large sums of money continuously, then I don't find fault with her.
And you kiddo , you are not even married. So get married, and after 6-7 years of married life, and 1-2 kids in school, tell me your perspective.

indio0617
03-09 10:20 AM
Sen Feingold: Amendment regarding US naturalization...
more...

bigboy007
06-03 06:52 PM
Yep thats true , as of now all this shouldnt stop one from filing 140/485 what ever it is , we are only trying to interpret to the best of our knowledge in current format. For ex. if you remember labor substitution bill was introduced in Last year 2006 and every one was eager and curious about it but it was only enacted in July 2007. Similarly i 100% believe they will give some time to switch and in case it would be good enough buffer. If you think u can file dont even think of rest , right what is law is what should it be.

gc28262
05-06 01:54 PM
Called all Tier1 Senators and left/passed on the message
more...

ss1026
05-31 02:10 PM
Did get solved by Andrew Wiles in in the mid-nineties. To read about the history and drama behind this theorem, I suggest reading 'Fermat's Enigma' by Simon Singh. So I guess if that can be solved, PBEC could find a way out for all of us.

qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
more...

new_horizon
05-04 12:41 PM
Called all Senators in Tier 1
Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
Judd Gregg - Will pass message
Richard Lugar - Supports high skilled provisions
Michael Enzi - Will pas message. Does not know the position.
Lindsey Graham - Left message
John Ensign - Senator opposes CIR. But will convey message re. our provisions.
Orin Hatch - Left message
John Cornyn - Will pass message. No position yet
John Kyl - Will pass message
Mitch Mcconnel - Will pass message. No position yet.
Amy Klobuchar - Will pass message. No position yet.
Claire McCaskill - Left message.
Jon Tester - Will pass message. No position yet.
Jim Webb - Will pass message. No position yet.
Sheldon Whitehouse - Will pass message. Reviewing the bill.
Scott Brown - Will pass message. Initially confused with illegal immigration which the senator is against.
Judd Gregg - Will pass message
Richard Lugar - Supports high skilled provisions
Michael Enzi - Will pas message. Does not know the position.
Lindsey Graham - Left message
John Ensign - Senator opposes CIR. But will convey message re. our provisions.
Orin Hatch - Left message
John Cornyn - Will pass message. No position yet
John Kyl - Will pass message
Mitch Mcconnel - Will pass message. No position yet.
Amy Klobuchar - Will pass message. No position yet.
Claire McCaskill - Left message.
Jon Tester - Will pass message. No position yet.
Jim Webb - Will pass message. No position yet.
Sheldon Whitehouse - Will pass message. Reviewing the bill.

viskota
07-15 05:06 PM
Paid $10 through bill pay
more...

priti8888
07-23 06:07 PM
My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o
I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...
I am the better half too!:) Anyway, just an FYI. Since you got your RD, i would suggest you inquire about your and your familys name check status in the next few months. As far as i know, name checks are cleared whithin a few months of RD or few months after 1st Fingerprint. This would just give you some peace of mind...

himu73
09-09 11:49 AM
I agree! I would't invest in India either. I believe awareness about these facts will save atleast few folks from being duped of hard earned money.
You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.
You need to have proper knowledge of the market to invest anywhere. Most of the things you have stated make it clear that you have never been a real estate investor.
I think you missed a chance by not investing in India through 2001 to 2005.Money has doubled tripled and there are buyers who can afford to buy in Tier 1 cities. Those are not the EMPLOYED people but the SELF-EMPLOYED ones.
Study the market carefully and make sound decisions whether India or anywhere but dont make comments based on some analysis.
Also,Investing is an ongoing exercise, whether Real estate,Stocks. you cannot just wake up one day and say I want to invest in Indian real estate. You need to build a portfolio similar to the way you do for Stocks. Start with a some research and a small investment. My suggestion is to join a group of people who are already doing some Real estate investment and go along with them. Just reading someone else's comments and coming to a conclusion is not good. Do more research ,Invest time, Wait for the right opportunity.
Just my few cents.

gc_check
07-21 07:31 AM
Friend
I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.
If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.
Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.
I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.
If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.
Do you posses a valid / current visa along with EAD. They seem to be okay with visa, and seems to lack knowledge on the EAD/485 stuff. Can you please PM the link to the loan office you worked, if he is agreeing to talk / provide updates. BTW, mine is a re-finance, and never had problem before and this is the first time, the visa issue is causing difficulties. The reason I went through this loan agent is the rate I am getting.
ragz4u
03-08 09:57 AM
I'm listening now and discussion is interesting
Is it the one mentioned on the first post?
Also, could you please update this thread as and when you hear something interesting?
Thanks
Is it the one mentioned on the first post?
Also, could you please update this thread as and when you hear something interesting?
Thanks
supplychainwalla
05-02 09:43 AM
Why is there so much discussion surrounding this stimulus package, I thought all of were highly skilled, high educated clique who made the big $$.
I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???
I have seen numerous occasions where people boast of large pay packets, bill rates, and now this is a measly $1,200, an amount that could be made with working 2 days is generating such a huge discussion. This does not add up???
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