trueguy
03-03 12:01 PM
I don't think EB3-I would be U for more than a month, as I keep saying this year EB3 would be getting some share of spill-over. So even if it becomes U for April that would be temporarily and it would return back in May.
Thank's
MDix
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
Thank's
MDix
MDix,
What spillover for EB3 you are talking about? Based on how they interpreted the spillover law last year, EB3-I can't get any spillover until EB2-I and EB3-ROW is current and thats decade away.
I am just trying to get the facts. I am not against EB3-I as I myself is EB3-I and waiting for my turn since last 7 years.
Thanks.
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Dhundhun
06-11 01:13 AM
When do you think would EB2-I hit Feb 2005? Before this year end?
Perhaps not. With many I140 getting approved, there are always chances of dates going back instead of moving forward.
I can think of average movement of one or two months moving forward per quarter. The two bills in pipeline can ease this situation:
1. Removing country quota
2. Recapturing of unallocated GC Visas
Perhaps not. With many I140 getting approved, there are always chances of dates going back instead of moving forward.
I can think of average movement of one or two months moving forward per quarter. The two bills in pipeline can ease this situation:
1. Removing country quota
2. Recapturing of unallocated GC Visas
sparky_jones
03-04 12:29 PM
My application is filed with Texas Service Centre.
That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.
That's interesting. This is the first TSC case of pre-adjudication activity for EB3-I with PD similar to yours that I have noticed in the forums.
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priderock
06-01 03:31 PM
I may be wrong but this is just an omission in the language of the bill. The effective date was stated as the date the bill is introduced, I guess it will change to some thin like when it is signed in to law or sixty days or 180 days from that date. As I said I could be wrong, but it seemed unfair and not right to make it effective retroactively.
Note : this is for 140s only and not for AOS.
Note : this is for 140s only and not for AOS.
more...
AabTuAgaGC
01-04 12:46 PM
I called in yesterday to the tollfree # - this was the bottomline after the long chat :(
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
They gave me the same reply as well! :mad::mad:
"your case is 1 day beyond the normal processing time- we'll open a SR and send to the IO - please call back after 60 days to check back on the status of the service request"
They gave me the same reply as well! :mad::mad:
JunRN
09-28 09:47 PM
Kidding aside, when I get my GC and then US citizenship, I will apply for a position in DHS....or in FBI.....
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gc_on_demand
04-30 10:38 AM
04/30/2008: Petitions & Applications Pending as of March 31, 2008 - USCIS
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
I-140=146,092
I-485=762,938
I-765=158,565
I-130=1,387,045
Did they release this info because of hearing today ? Can we find out how many of EB out of those I 485 ?
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jonty_11
07-06 10:32 AM
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
Can someone please put this on digg?
***
To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday’s deadline.
In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications “when we were certain the process will be completed very shortly,” Mr. Aytes said.
*****
looks like there main purpose was to deny us filing 485 application....i cannot believe they could go to such lengths to prevent high loads of work which they feared.
It was better for them to work 1 weekend 24/7 (nonstop) rather than working everyday for 8 hours (which is what our application may have caused them to do)
more...
bitu72
03-10 01:19 PM
as per last page of this document(bulet point 16) they deffered the decision on exempting nurses from EB quoutas.. but i think we heard them saying its approved...
admin/guru's u r comments please..
http://www.shusterman.com/pdf/specterbill30906.pdf
admin/guru's u r comments please..
http://www.shusterman.com/pdf/specterbill30906.pdf
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ramus
09-09 09:49 AM
Thanks for both, contributon and coming to rally....
My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
C U Guys!.
My Contribution of $100 sent in today by Google. Will be attending the 18th Rally.
C U Guys!.
more...
amitjoey
06-26 02:50 PM
The bill being discussed in the senate if passed is going to be very detrimental to people that are stuck in the labor backlog centers. They wil be forced to redo their labor with the new point based system. That is not fair at all.
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micofrost
07-18 06:57 PM
Does PD exist just to be able to file I-485? Or as some members say, does it also play a role after filing I-485 for adjudication? Does CIS go by PD or RD when the visas are limited?
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
Let's say A has PD(Priority date) Dec 2004 and RD(Receipt Date) Jul 25 2007, and B has PD Mar 2007 and RD Jul 2 2007. Who would be adjudicated first?
If visa numbers are current for both of them, then its a matter of luck, whose application gets processed quickly and which guy's application reaches to the approval officer first. That time both have equal chance.
Ofcourse PD is considered for VISA numbers, not the RD. RD is good for portability issues like AC21/180 days rule. So B can switch jobs 23 days before A. Again that (180 days rule)also as per some lawyers isnt a hard n fast rule. Hope it helps.
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pappu
12-21 10:41 PM
yabadaba, we will always have tough opposition when we try to do something. Your op-ed was very good and some people could not swallow it. You know some people can't imagine anyone from your country having good english! All these media efforts help us raise awareness, send our message across to the masses to counter anti immigrant propaganda. Due to our press coverage lawmaker offices too have started to take us seriously. Thanks to you and other IV members that are constantly helping this organization in media efforts, whether it is as small as writing emails, getting interviewed or writing articles. All these media successes are on zero budget. All IV members are our PR agents and PR firms.Thanks.
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visves
07-15 09:10 PM
$50 from my end through BOA.
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Administrator2
05-02 09:27 AM
Here is the information sent to IV by Research Program Manager at NEU
Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.
--------------------------------------------------------------------
When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).
http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1
After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.
http://www.military.com/news/article/itin-ineligible-for-special-rebate.html
In Japan, thousands of military families face the same situation.
http://www.armytimes.com/news/2008/04/army_rebate_041408w/
The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.
Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.
Lawmakers
Nancy Pelosi, Speaker of the House
�Residents of the U.S. territories will also receive the benefit.�
Johnny Isakson, United States Senator from Georgia
The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.
Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy
Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.
Senator Robert Menendez | Newsroom
�Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�
News | Senator Pete V. Domenici
This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.
EconomicStimulus2008
The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
Senate Finance Committee
020808 Econ Stim Staff Summary.pdf (application/pdf Object)
The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�
The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�
According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�
The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.
The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].
Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).
Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.
--------------------------------------------------------------------
When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).
http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1
After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.
http://www.military.com/news/article/itin-ineligible-for-special-rebate.html
In Japan, thousands of military families face the same situation.
http://www.armytimes.com/news/2008/04/army_rebate_041408w/
The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.
Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.
The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:
20 C.F.R. � 422.104(a)(3)
(i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;
http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm
The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�
Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.
Lawmakers
Nancy Pelosi, Speaker of the House
�Residents of the U.S. territories will also receive the benefit.�
Johnny Isakson, United States Senator from Georgia
The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.
Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy
Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.
Senator Robert Menendez | Newsroom
�Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�
News | Senator Pete V. Domenici
This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.
EconomicStimulus2008
The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.
Senate Finance Committee
020808 Econ Stim Staff Summary.pdf (application/pdf Object)
The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�
The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�
According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�
The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.
The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].
Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).
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hopefullegalimmigrant
12-27 09:41 AM
Does anyone know/suggest how to handle this delay? How are Ombudsman conferences held? Are these adhoc or with a certain frequency? We need to bring this up somehow. Recent USCIS reports show varying numbers of cases processed. But no one will know about our delays of existing AP cases unless we bring this to attention through murthy/Oh firm/ombudsman...somehow?
please share your thoughts.
please share your thoughts.
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pappu
12-10 04:06 PM
Good they have seem to have read recently published IV analysis and recommendations and provided a much more detailed bulletin this month for the community.
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gc_bulgaria
01-05 10:53 PM
Ok, so I saw the video. I am confused by his analogy and I am a scientist. Maybe it is the lack of data analysis and graphics he keeps referring to. He is not a great speaker. I stopped watching it midway.
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
BTW, I am a student from a so called 'garbage' Indian education system and a graduate of Duke University.:p
Go figure!
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thakarm
09-01 09:40 AM
Been here since August 1995 - came on F1 undergrad
spicy_guy
10-22 12:21 PM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
When did you apply? Status?
When did you apply? Status?
vdlrao
06-10 12:32 PM
As EB1 is Cureent, presume processing applications up date, EB3 is Unavailable, means no work to do for USCIS people as far as EB3 Adjudicate cases, leave EB4, EB5 categories aside which dont have many applications to process. Then the only category left for working with is EB2 and that also having ROW being current, the adjuticate applications left for processing with available visa numbers are EB2 India for time being. So this means for the next few months including this June 2008 there might be many approvals in EB2 India category, as because theres no considerable work in EB category for USCIS people except EB2 India Adjudication. So presumably all the available visa numbers will be processed effectively in the EB2 category for the fical year.
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