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Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

Example: Britain, Pakistan.

Let's say next year tons of nationals of Britain Choose to apply under EB.
Let's say total is more than 7% of Total 1,40,000 limit.

Is that allowed?

Same question for Pakistan...

Visa Bulletin April 2007
PD for Other workers category was 01 Oct 2001

E. VISA AVAILABILITY DURING THE COMING MONTHS

Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.

Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.

Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)

E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY

The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.

Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001

D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE

A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.


So the VB does in fact indicate that there is only a "small June allocation" possible.

I think IV should get a new law introduced which changes the surplus visa trickle down policy so that equal number or visas gets distributed between EB3 & EB2. This law will have maximum possibility of getting passed.
Nuke buddy are you off your rocker. These guys will kill you for even suggesting it. I myselft have taken all kinds of abuses from everyone here and i myself had the presence of mind to not go there. Leave it . That law is the law. Of course it did hurt EB3 but what it did is take the unfair benefit that EB3 was getting because of wrong interpetation of the law. No all that is water under the bridge.

Question - where are all the numbers for historical visa allocation coming from?

How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???

If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.

Here's my situation:
- H1B visa in the 6th year
- I140 approved
- I485 applied July 2 '07
- EAD and AP available

I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
2. How long do I have after Sept30 to find and job and retain my H1 status?
3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

Thanks.

Samay, look fwd to you comments on my situation. Thanks.

Spill will be around 30k for Eb2 and that will clear till mid 2006. by Sep 2010. In Sep 2011 you should be able to file for 485.

there is no law that says to move date to accept new applications. If DOS makes date current and people have all data visible now will take USCIS to court for not approving cases. What I have learnt that USCIS is considering publishing rule ( Via Rule making process ) in dec 2009 to halt concurrent filling for I 140 and 485 and give chance to pre register for 485. so in Spiring of 2010 we may be able to pre file 485. which may / may not give benefit of AC 21 . EAD is always admin job so they can give out EAD and AP along with pre filling.

I believe that pre-registering for 485 and being able to file for EAD and AP is itself a great step forward for us. How concrete is this news / information.

The entire discussion by EB3-ROW guys want to preserve those recaptured unused numbers in 2000 only for EB3-ROW for ever. As I mentioned earlier, the purpose of that recapture is to eliminate backlog in 1999. India and China were only the two countries backlogged at that point. USCIS could do that job only in 2005. You guys want a controlled allocation of recaptured numbers for years and years with the simple intension of EB3-ROW always should be current. I understand that urge. However, you guys forget the reality. EB3 demand is huge due to 245i. The real demand for EB2 always very less. (The real demand for EB2 is when EB3 were current). Now everyone is going to EB2. I feel that is the reason why EB2-India and China getting penalized as DOS took the law in their own hand. Now EB2 guys are victimized. Do not blame India and China took more numbers. The real fact is EB3-ROW is enjoying with the expense of EB2.

Furthermore all this mess is due cumulative results allowing 245i without increasing visa numbers (this is major one), failure of DOL in processing LC in time, USCIS inefficiency, dealy in processing 485 due to 911, abuse in labor substitution, abuse of massive filing of GC by body shoppers with out a bonafide permanent positions or ability to pay, opening a firms in fast labor processing states just to file GC etc. The list for this mess is end less. No one wants to fix that. If they fix everything, there will be less demand for EB3 visas. Furthermore some thing can not be fixed. One can not request/litigate DOL or USCIS to process the LC or 485 fast. Therefore, everyone in EB3 has to wait. Other option is to educate the law makers the problems due to this mess to fix those. Everyone wants CIR/SKIL bill and no one wants to fix the current system and abuse. So, one has to wait, wait, wait..

pls read my post. I said EB3 ROW

are you dreaming ... India EB3 is 01AUG01

pls read my post. I said EB3 ROW

are you dreaming ... India EB3 is 01AUG01

Do I need to keep job or Stay in USA once I-140 approved ?? Reason I am asking that my I-140 is approved but my PD is not current and also got my Canadian PR too. If I move in Canada and see what possibilites available there for me and come back in USA when PD is current or file consular process from Canada whenever PD is current. .. what do you guys think about it ?? Any thoughts or feedback ??

Thanks in advance

Sure with dead bobhead braincells of yours, nobody expects your self image to be high enough. Its not for wimps wearing zippers to the side like you. If you are man enough come and talk to me, and will see who gets handcuffed.

Talk to you about what? Amway?:D Whole point is we don't Amway guys chasing us with your cheesy lines or "brilliant" ideas.. So stop chasing us! Go rope in your relatives or any other insane person.
Why would i want to talk to a Amway guy when i am saying i don;t want to. If one comes to me and talks about Amway and does not understand the word "NO", "I AM NOT INTERESTED" and keeps chasing me he will face the law.

Now if you are a man/women/whatever and if you talk to me about AMWAY be ready to face the music!

At high levels; I think there should be no quota on employment base.


Glad to see you agree, however I was refuting your justification of a country quota. The point being that the country quota owes its origin to racial considerations and a fixation on protecting levels of European immigration.


I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number.


In the short term the EB quota should be set to accomodate or exempt anyone who has held a work visa for a period of time (3 years?). This can be pitched as a retention issue as US employers should not lose employees in whom they have made a significant investment. There can be variations on this theme such as requiring that such employees make at least 120% of the prevailing wage for the occupation.

now i'm sure that u'r gcperm.... welcome back....
So i was right GCPerm was kicked out of this forum for being EB3 ................

Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm

Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.

Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.

From the day I came to this country , I have spent around $12,000 on immigration including H1-Bs, filing GC, APs, EADs extra. Not to mention the traveling for visa stamps and whole other shit load of expenses. I guess most of people who paid for filing GC did spent same amount of money.

Hell ya, Some one got to be benefiting from my $12000.


I thought we're not supposed to pay for H1 and GC. Correct me if I'm wrong? I guess we can only pay for the visa appointment fee.

I have done a lot of research on this :::

A good option is if you try and get a job in Detroit, MI. You can then live across the border in Windsor, ON and commute daily between Canada and US.Windsor is basically suburb of Detroit right across from Detroit river ex like Mumbai and Navi Mumbai, Hyderabad and Secundrabad etc.

This way you get best of both worlds

1) You keep H1B visa and US GC going.
2) You earn in US $ and can avail of US job opportunity.
3) You can earn time towards maintaining Canadian PR and Canadian Citizenship.

Disadvantage

1) This option is limited to getting a job/transfer in Detroit Metro area.
2) Some days there may be delay at border if US is on high alert, so you need to be conservative and add time for border inspection to your commute.
3) You have to file taxes in both US and Canada (but its not double taxes).

Dear Attorney,

I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?

On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?

Thank You

The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.

Next years numbers are not consequential to EB2I movement to be honest. Any realistic movement will depend on spillover. Consider that EB2I is statutorily limited to about 2800 visas(inclusive of family members) without spillover. Whereas spillover has the potential to contribute tens of thousands of visas.

Ron's assertion that "most of the EB India backlog" is EB2 is frankly not credible in my view. I am not sure what his source is for this, but it seems way off the mark. EB3 will clearly be far more than EB2 in my view.

DEAR MEMBERS - I JUST SPOKE TO SERTASHEEP AND THE FOLLOWING WAS DISCUSSED.

We are still working on the proper approach and text that must be used to address this issue - folks like Macaca and gang are doing a great job.

That said - please be careful in the language you use. Let us not bad mouth the agencies and keep cheast beating - remember such a thing will work against us. We are benefeciaries and we must only focus on our issues and also convey the message in a positive way.

In external discussion forums - do not get offensive with anyone who tries to oppose us. These things work against us.

REMEMBER, WHAT DRIVES PEOPLE IS NOT REALITY BUT PERCEPTION. WE CAN SHOW ALL DATA AND RECORDS THAT WE ARE RIGHT AND THEY ARE WRONG, BUT THEY ARE DRIVEN ONLY BY PERCEPTION.

If any of you plan to post any external messages or discuss externally or communicate with law makers, media or other websites or even your friends are planning to do it - please run it through Macaca and other forum gurus.

Have a great holiday - today.

immigration-law.com posted country wise EB visa allocation for the year of 2005. For example, Nepal used only 70 EB3 visas. Whereas country limit is 7%. In that case how EB3 Nepal is retrogressed?

Can we sue USCIS? Let's discuss.
In that case, let's hire an attorney.

There is no such thing as EB3 Nepal, which I'm sure you know. In EB3 ROW, this includes everyone else. I'm sure there are some significant numbers from the UK, Germany, Australian (although they might be separate under E3... not sure), Japan, Tawian.... etc etc the list goes on.

EB3 ROW doesn't just mean those from tiny countries with tiny populations

albertpinto,

I agree that it is not going to be easy - but I don't see any other way.

It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?

How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?

Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.

I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.

The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.

Any other thoughts, any one?



I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).

2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).