Aug Bulliten

[PHSESAaug]

dependents will also be employment based

I don't see how it can be otherwise. An EB3 primary can't have a dependent who's a F category. Do you believe there are 245(i)'s doing CP. I would give that a faint chance as they face a higher chances of rejection owing to the nature of their job etc.

 

[blondhenge]

no CP

I don't see how it can be otherwise. An EB3 primary can't have a dependent who's a F category. Do you believe there are 245(i)'s doing CP. I would give that a faint chance as they face a higher chances of rejection owing to the nature of their job etc.

The whole point of 245(i) is that they could stay and do AOS because they would be subject to a bar on re-entry if they ever left the US.

Thus, if they leave the country to do CP, they lose the benefit of 245(i). Therefore, I can't see any 245(i) people doing CP.

 

[PHSESAaug]

245(i) flooding prior to apr30, 2001

I read that in California alone there were 50,167 labor cases between march 18, 2001 and Apr 30, 2001 most of them were 245(i). Let's for the sake of argument assume 70% of this were Indians and Mexicans. Wouldn't there be atleast 10% that are chinese nationals. China has surged past Apr 30, 2001. Does this mean there were less than 2800 petitions from the chinese under 245(i). I find that hard to believe.

 

[HBG2001]

Dependants of 245(i)

What about dependants of 245(i)? If a 245(i) was married before his/her GC process started then his/her dependants would come under Employment based category from what I have read in this thread. There is no way these dependants could enter US (if they were out of US when the process started) without a recourse to CP. It is hard to tell just by looking at case number if that is a 245(i) case or not, though.

-Thanks
HBG2001

The whole point of 245(i) is that they could stay and do AOS because they would be subject to a bar on re-entry if they ever left the US.

Thus, if they leave the country to do CP, they lose the benefit of 245(i). Therefore, I can't see any 245(i) people doing CP.

 

[PHSESAaug]

If they have to sponsor dependents after they get their GC, then it will have to be under family preference which is backlogged by many years.

 

[foret1]

follow to join?

how about if you get the green card through assylum while your spouse is here in the US working on h1?

my friend's spouse got his green card a couple of months ago through assylum. my friend's own labor certification is blocked at bec, so she thought of filing as follow to join under her husband. but she got a letter from uscis saying that her priority data is not current and she belongs under the family preference category.

what's the difference? doesn't the follow to join apply to green card obtained through assylum?

thanks in advance!

No. Married before person getting greencard is employment base category.


http://www.uscis.gov/graphics/howdoi/Appproc.htm
Following-to-Join Benefits for Spouses
Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as an immediate relative (parent, spouse, or unmarried child under 21 years of age) of a U.S. citizen.
If you were married before you became a lawful permanent resident, and your spouse did not physically accompany you to the U.S., your spouse may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. Consulate that you are a lawful permanent resident so that your spouse can apply for an immigrant visa. Your spouse may be eligible for following-to-join benefits if your relationship still exists and if one of the following is applicable:

You received a diversity immigrant visa
You received an employment-based immigrant visa
You received an immigrant visa based on your relationship to your U.S. citizen sibling
You received an immigrant visa based on your relationship to your U.S. citizen parent when you were already married

(For information on following-to-join benefits for children of lawful permanent residents, please see Petitioning Procedures: Bringing a Child to Live in the United States.)

 

[mamamiax]

Visa Stamping at Ottawa!

Gurus,
I need your thoughts. I would like to go to ottawa for visa stamping after waiting for my GC 13 years. I-40 approved and unbale to file 485 due to retrogression. My first H1 stamping expired in 2001. I am on 3 year extension based on -140 approval. What are the risks and is it safe.Let me know

 

[gc_tx_2003]

how does the surplus spillover work ?

Gentlemen/Ladies,

From the posts that I have been reading -- it sounds like the 2800 number / year for EB2 and EB3 is paltry compared to the demand.

If anything were to happen for the indian nationals, it has to come from the surplus spilling over from the categories above, and the REST of the world.

With regards to that, I had a few questions -- and your insights would be appreicated.

1. How exactly does the spill over work ? In one of the threads I read something like every quarter.

Does it mean the 3rd ( last month of every quarter ) -- what that would mean in that -- there would be significant forward movement -- in the bulletins of Nov -- for Dec ( third month for the quarter - Dec bulletin ) , and similarly in the months of Feb ( March bulletin ) -- May ( for June bulletin ), and Aug ( For Sep bulletin ).

Because -- the September bulletin is the last chance to use the surplus spillover if any from the categories above and the rest of the world ( if infact they are current ).

Have we seen this trend in the past months ?

2. If the every quarter division -- has not been held true -- then should we expect a large movement in the Sep bulletin ( as that is the last chance for the spillover visas ),atleast in the categories where the ROW is current ?. otherwise, the numbers go waste -- for the year, would it NOT ?.

3. The reason I raise this is because -- the 2800 number -- i think is just paltry with respect to the demand. Is there anyway of knowing how many EB visas have been issued for this year so far ?

4. I know this is a stupid question -- but anyway I am going to ask -- when possibly can I expect EB2 July 2003 to get a chance to file for EAD ?
My hope was there might be a chance Sep bulletin -- and then it retrogressing back towards the end of the year. We know Aug is not going to move.

EB2 / RIR
PD: July 2, 2003
LC App : Sep 26, 2005
I-140 App : Apr 2006

 

[Hanuman55]

Not too bad.

Gurus,
I need your thoughts. I would like to go to ottawa for visa stamping after waiting for my GC 13 years. I-40 approved and unbale to file 485 due to retrogression. My first H1 stamping expired in 2001. I am on 3 year extension based on -140 approval. What are the risks and is it safe.Let me know

We got our visa stamped in Ottawa recently. Mine was a smooth sail. I had carried tons of paper, from edu qualfns to tax papers to expernc certs to bank statements to w2 to salary slips to employer letter to marriage certificate to birth certificate to 140 approval copy to NVC letter to .... every damn thing. I was lucky that my paper landed with the kind lady there and she just needed the H1 approval (8th year), Employer's letter addressed to the US Embassy, and latest salary slip as the salary was not on the letter, old passport of my spouse & kid on which the original H4s had been stamped. That was all. She enquired whether I was stuck in Labor. I said no, my application is in US Consulate for last 18 months waiting for the priority date.

Though I did not see anyone being rejected, I certainly did not relish the umpteen questions that was being asked in the other 2 windows. One sounded like a post doc working for a University.

Hope this helps!

 

[belacut]

Gurus,
I need your thoughts. I would like to go to ottawa for visa stamping after waiting for my GC 13 years. I-40 approved and unbale to file 485 due to retrogression. My first H1 stamping expired in 2001. I am on 3 year extension based on -140 approval. What are the risks and is it safe.Let me know

I recently get my VISA stamp from Montreal. If you are only renewing your VISA, it is piece of cake in my opinion. Otherwise, suggest you to go back to you home country to get the visa stamp.

 

[marlon2006]

August visa bulletin Predictions are here

The only thing that I can predict for sure:

EB3 World - if it advances to Dec 2001, at least we will have some hope. If it reaches 2002, EB3 World applicants will be hopeful.

If EB3 World dates doesn't significantly advance, we will be a in a very bad mood. If it moves backwards, you can count that people on EAD will trigger AC21 in larger numbers. That includes me.

EB3 India - If EB3 India advances by 2 months, that will be enough to make our good Indians hopeful. If it inches forward or doesn't advance, that will piss off the Indian community some more. If it moves backwards or becomes unavailable, I think that would be a nail in the coffin for some.

That said, chances are EB3 World advances to Nov or Dec 2001.

 

[PHSESAaug]

looks about right

Marlon, Your predictions are just about right. There will be a wave of AC-21's if we see the ugly "U" for EB3.

 

[ok_LA]

everyone stop till october

eb3- jan 01
eb2-jan02
eb1-no movement

sorry but this is how it is going to be

i will eat this page if my predictions are wrong

 

[mamamiax]

what is that consulate? could you explain?

We got our visa stamped in Ottawa recently. Mine was a smooth sail. I had carried tons of paper, from edu qualfns to tax papers to expernc certs to bank statements to w2 to salary slips to employer letter to marriage certificate to birth certificate to 140 approval copy to NVC letter to .... every damn thing. I was lucky that my paper landed with the kind lady there and she just needed the H1 approval (8th year), Employer's letter addressed to the US Embassy, and latest salary slip as the salary was not on the letter, old passport of my spouse & kid on which the original H4s had been stamped. That was all. She enquired whether I was stuck in Labor. I said no, my application is in US Consulate for last 18 months waiting for the priority date.

Though I did not see anyone being rejected, I certainly did not relish the umpteen questions that was being asked in the other 2 windows. One sounded like a post doc working for a University.

Hope this helps!

my application is in US Consulate for last 18 months waiting for the priority date.???

 

[mamamiax]

renewing?

I recently get my VISA stamp from Montreal. If you are only renewing your VISA, it is piece of cake in my opinion. Otherwise, suggest you to go back to you home country to get the visa stamp.

Could you explain what you ment by renewing?
I had a H1B visa stamp but expired in 2001.But I have all approved H1B extentions without any gaps.Let me know

 

[marlon2006]

I am wondering whether there is any past data showing that October new batch of visa numbers move dates forward significantly in October. So far I have witnessed only the sad October 2005 bulletin, which made us advance from "unavailable" to "100 A.D.", what essentially has been perceived as "unavailable" to a lot of people.

Well, even if we find past data showing that, it may be useless since USCIS operates at a new fashion now.

eb3- jan 01
eb2-jan02
eb1-no movement

sorry but this is how it is going to be

i will eat this page if my predictions are wrong

 

[saras76]

All speculation ..

I am wondering whether there is any past data showing that October new batch of visa numbers move dates forward significantly in October. So far I have witnessed only the sad October 2005 bulletin, which made us advance from "unavailable" to "100 A.D.", what essentially has been perceived as "unavailable" to a lot of people.

Well, even if we find past data showing that, it may be useless since USCIS operates at a new fashion now.

marlon2006,

Logically most categories (apart from EB3 maybe) should see a jump in October 06 but when has logic ever dictated anything in this process. The retrogression for EB3s has been in place for over a year now (I believe it started in June 05) for all EB3s and will complete a year for everyone else in October. There is no telling what will happen in the future. We can only hope that its good news but we need to be prepared for more bombshells.

regards,

saras

 

[techy2468]

all i can say is what if the dates dont move much in the next 8-15 months??

what if most of us even after a year are looking at similar cutoff dates(which can hold true for EB3-india as per all guessitimates ).

 

[marlon2006]

If the dates don't move significantly until October 2006:
For those with EAD, I'd say trigger AC21 and move on. I declined an apparent top notch job offer last year because I thought that my current sponsor job is known and somewhat stable, etc until I get this insane process finalized. In the long-term, that rationale doesn't apply. Who is to say that my current employer can't lay me off at anytime ? I had a friend who came on L1, working for a very known wireless company. All his friends at work opted for Consular processing and got GC really fast. He thought, well, since my job is very stable, let me take my sweet time and do AOS, get EAD for wife. Guess what, he got laid off just after applying for I-140+I-485. If I understand correctly, fortunately USCIS accepted a job transfer to other position even if he didn't complete the 180 days portability rule. That was a happy story. He got his GC and after 181 days, he quit his job and moved on to a high-paying job in San Diego.

For those without EAD, I'd say start a masters program. That should keep you busy and take your mind away a little bit from this insanity. If you have taken your masters already, work on certifications or something like that.

all i can say is what if the dates dont move much in the next 8-15 months??

what if most of us even after a year are looking at similar cutoff dates(which can hold true for EB3-india as per all guessitimates ).

 

[marlon2006]

UN, you are right. I am at NSC, I-485. Just got an RFE notification. I am curious to see what this is about. Hopefully it will be mailed to me. My lawyer takes a long time to respond.