swissgear
08-23 08:47 AM
see below.. I think you should be OK.
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Looks like 10 years experience is required for individuals applying under "Exceptional Ability".
They are targeting the wrong cases. They should have made the eligibility for EB1 Intercompany transfers harder by putting in more restrictions. Every tom dick and harry are eligible for the EB1 route. I know of many cases where the individuals are paid less than 70k and are processed in EB1 even though they have less than 10 yrs experience ,using the term multi-national executives. No offense on these individuals, but its not fair to impose restrictions on highly qualified compared to the EB1 Multinational route. JMHO
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DSJ
07-06 01:15 PM
Forgot in a hurry, it is updated now
ok this is from Oh's website..pelase always quote source.
ok this is from Oh's website..pelase always quote source.
abhijitp
07-20 05:02 PM
I too missed this initially... thanks for bumping up. We need to call/ write to the pro-immigrant senators.
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singhsa3
07-20 12:37 PM
Not really, The PD will be stuck sometime in 02 or 03. Thus, unless there are some changes in law, we are looking at 5-7 years wait.
Also, I am not fabricating 750,000 number. This is the anticpated applicants, per Matthew Oh.
750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!
Also, I am not fabricating 750,000 number. This is the anticpated applicants, per Matthew Oh.
750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!
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test101
07-05 03:54 PM
Please put more details as you call.
Regarding Cantwell:
The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.
More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.
is that good enough :D... any other detail needed?
Regarding Cantwell:
The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.
More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.
is that good enough :D... any other detail needed?
Milind123
09-16 02:49 AM
Dear friends,
I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .
I thank all the efforts of the members of immigrationvoice.org.
--From SF Bay Area
Thank you very much permfiling. Your contribution is very much appreciated. It is certainly going to make IV stronger and in a better position to help fight for causes which affect each one of us.
I made my first $100.00 contribution and would like to sign up for more. Google Order #834309558256739 .
I thank all the efforts of the members of immigrationvoice.org.
--From SF Bay Area
Thank you very much permfiling. Your contribution is very much appreciated. It is certainly going to make IV stronger and in a better position to help fight for causes which affect each one of us.
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bestin
08-23 05:23 PM
This is what i understand
1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
2.Exceptional Ability- Assume a guy who has a diploma or a 3 year degree with some certifications.In a normal scenerio he would apply for EB3.But this opens up the scope for him to apply in EB2 also provided he satisfies a 10 year experience and any other stuff from the criteria below...
Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
1.Advanced Degree-(where most of us fall into ) it is either masters or Bachelors+5 years
2.Exceptional Ability- Assume a guy who has a diploma or a 3 year degree with some certifications.In a normal scenerio he would apply for EB3.But this opens up the scope for him to apply in EB2 also provided he satisfies a 10 year experience and any other stuff from the criteria below...
Criteria
Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in your occupation
A license to practice your profession or certification for your profession or occupation
Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
Membership in a professional association(s)
Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.
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chanduv23
11-20 07:48 PM
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
more...
Macaca
10-01 04:44 PM
Canot DOL/ UCIS make a judgement based on their own ?
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
You don't want USCIS to make any judgement. Here is an example of their judgement.
USCIS said that 140K EB #s were used on July 2. However, we are hearing that they did not use up the numbers on Sep 30.
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coolvigo
07-11 10:12 AM
I am hoping this is not a typo from the mumbai consulate and USCIS visa bulletin will reflect the same.
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
I have the same fear....so I want to see this on USCIS website before I start enjoying the mood! But if it is true.....I am very very happy !
My priority date is April 06. Does this mean that there is a chance for me to get the GC now?
How much time does it usually take for USCIS to approve the application after the priority date is current in the bulletin?
And lastly, what are the chances of USCIS staying on this date for EB2-I and not retrogressing it back to some old date (after it issues 1 yr EAD to everyone !!)?
I have the same fear....so I want to see this on USCIS website before I start enjoying the mood! But if it is true.....I am very very happy !
more...
chanduv23
02-24 01:17 PM
Dont assume that people who gone back to India and working a manager are living happily without any issues.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
One of my friends whome I used to work in 2005 was promoted to manager in 2007. Now he is in a dilemma whether to continue to go up the ladder or come back doing technical stuff. Salary wise he is not getting that much and he doesnt know how the company will do infuture. It all depends on US economy. If you are looking for 18L above salary, then it is very very tough to get a job in india.
That is right. Every place has its problems. And when you are an employee - u r ONLY an employee no matter what. To come up in life or to grow, the onus is on you. It is you who choose what you want to be. If you want to return to your home country, the choice is yours and you must do it wholeheartedly, use your US experience and do something there. The world is full of options and you can chose what you want and percieve.
Navigating the system in India is not as easy as people think - u will have to tackle crocodiles and sharks for your so called dream job.
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Libra
07-06 03:43 PM
You might be senior member than me, i may not post my comments more offenly, i just read what others are saying. Even i dont mean to disrespect you, and whatever i said below is not to offend you. I hope you understand
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
I don't mean to disrespect you but I guess you are going too far with your words. [COLOR="Black"]We are with IV much before you born.[/COLOR...really core born in 1970's i cant beleive that]. ok so do not dare teach us what we should be doing, with your 49 posts there are many who had 200 to 300 posts but dont say a sensible word
Now back to your comments. You seem to be lost in some dreamy world. What do you mean by just accept the application, so that you can save yourself from loosing money. Do you worry about your GC/EAD or saving your money. From your posts it look like you are more interested in getting your money back than the eligibility to file for EAD.
this is not my agenda, and by the way am not asking USCIS to give back my money which i paid in fees, i have that much sense, if they dont accept my app then they dont draw my money. first read my post properly and then comment and am not living in any dream, when USCIS can do anything they can do this one too. and this is my opinion not IV's. I made that comment because many of them discouraging other by -ve talk
I'm sure IV does not agree with you and that's not the IV goal. Focus is on to make USCIS accept what they promise and that is accepting the applications files on July for AOS.
What you are trying to do is twist your own agenda of getting your money back by making it as an IV goal. It's not a bad thing to save money or asking the money back from USCIS, which you anyway going to get when they reject your application and send your check back. As far as attorney's fees are concerned, lot of attorney's are going to refile without any charge or for some additional meagre fees.
Now the decision is yours, whether you want to get your money or you want the eligibility to file for EAD/GC/AP.
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cinqsit
12-10 03:55 PM
Yes the bulletin is pretty detailed. Explaining logic behind per country limit and movement of cutoff dates. Certainly a first in a Visa Bulletin.
Needless to say, CIR with provisions to address this backlog is the only hope for both i REITERATE - BOTH EB2 as well as EB3... divisiveness will certainly lead to failure or atleast a never ending wait for some of us....
cinqsit
Needless to say, CIR with provisions to address this backlog is the only hope for both i REITERATE - BOTH EB2 as well as EB3... divisiveness will certainly lead to failure or atleast a never ending wait for some of us....
cinqsit
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swo
07-20 06:47 PM
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
My friend, there is validity in what you say. I think there is a general shortage of visas, period. That is the root of the issue. However, we did know that going in. So when we get stuck in that situation we have to remember to distinguish between calling for change and demanding it.
Also, with all due respect to IV, I think the thing that most likely led to the USCIS turnaround was not our voices, but rather the fact that a law suit would have revealed SERIOUS rule breaking - particularly with regard to issuing of visas to non-security cleared people. I think the USCIS's fear of dealing with a) discovery during court proceedings and b) potentially huge finanicial damages, were the main motivating factors to the turnaround.
There is no doubt though, that the voices of immigrants did make a difference.
By the way, this morning I wrote to both Senators Cornyn (for) and Clinton (against) in response to their amendment votes yesterday. I thanked him from trying to bring relief and urged her to show more bravery in solving the crisis at a future opportunity. I urge you all to do the same.
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amitga
02-18 03:20 PM
It is April new numbers for the quarter will be available.My guess is EB2 I will move beyond April 1 2004.Once it crossess 2004 then it will be almost in 2006 not many cases in 2005.
Why do you think there are not many cases in 2005?
Why do you think there are not many cases in 2005?
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lskreddy
04-30 03:01 PM
Mr. Aytes talked about procedural changes that they undertook which moved them away from First in, first out. They are now approving petitions (not just adjustments -485's) which would have an opportunity to immigrate sooner, like a person from ROW.
No wonder my 140 is stuck..Damn..
No wonder my 140 is stuck..Damn..
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somegchuh
01-03 03:35 PM
I think this is a really complex issue. We go thru a lot of thoughts now and then.
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.
The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.
The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*
When I think rationally this is what I am concerned about:
1. Social isolation from family (brother/sisters/extended family) in the long run.
2. Inability to support aging parents.
The second issue weighs down on my soul more because supporting aging parents is a debt we are all supposed to pay back (regardless of ethnicity/class/caste/nationality/...). We are not supposed to run away from it. Some of us are lucky to have sibilings who are supporting the parents back home and that makes it a little easier. I know some of us even have single parents living by themselves.
The long wait makes it hard for you and wife. So you really feel frustrated and want to leave. At the same time waiting for GC your career has been stagnating for years, your wife hasn't had a job in years and that makes going back harder. Its like being stuck between a rock and a hard place. Things seem good with a GC in US and they look good back home but we seem to be getting neither ... *sigh*
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josecuervo
07-11 07:00 AM
Here's the link
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
I couldn't believe this. Wonderful news. Thanks
http://mumbai.usconsulate.gov/cut_off_dates.html
No good news for EB 3 WW ?!
Rita
I couldn't believe this. Wonderful news. Thanks
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alterego
06-16 11:30 AM
If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Didn't realise they now have a PERM backlog center. I thought baclkog centers were only for traditional and RIR labours, I guess there is no end to the circus of immigration life.
I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...
Here is the info :
email : Perm.DFLC@dol.gov
Phone : 404-893-0101
Thanks
Champak (Same as 1 and 2)
Didn't realise they now have a PERM backlog center. I thought baclkog centers were only for traditional and RIR labours, I guess there is no end to the circus of immigration life.
santb1975
05-28 09:52 AM
we are losing momentum. Aren't we?
subujee
09-09 07:53 PM
EVen though I was stuck in labor certification for 5 years and was able to file for my last stages before the mess, still I feel other folks in this immigration community should not be stressed like me . So, even though I can't make it to the immigration rally, I am contributed $100 rightaway and will try to convince my other colleagues on the same boat to contribute.
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