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  • icedgin
    02-04 11:31 PM
    A relative has invited me to be an immigrant to Manitoba. But currently we are derivative beneficiaries of my wife's EB3 visa and she is already in the US for 1 1/2 years as a lawful permanent resident.

    I would like to ask what would be the effect on our US PR visa application and to my wife's green card status if I apply for a permanent residency in Canada?
    Thank you.





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  • tiny
    11-19 01:14 PM
    Done





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  • sanhari
    07-16 05:09 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.





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  • manderson
    10-05 10:34 AM
    Did anyone see Byron Dorgan's (Democratic Senator from North Dakota)interview on Stephen Colbert last night? This guy just wrote an anit-outsourcing book (http://www.amazon.com/Take-This-Job-Ship-Brain-Dead/dp/031235522X --no I am not plugging his book!) and he is full of 'they stole our jobs' rhetoric. This is typical outsourcing/globalization-bashing democratic mentality and it's disturbing to seeit still persists 2 years after Presedential elections.

    Am I the only one who thinks that if Democratics takes over the House, we are screwed?



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  • dpp
    07-28 07:21 AM
    Even if USCIS reverts the decision back to use Vertical spill overs, it won't change the EB3-I PD position a dime. As it didn't change with that way in the past. So, there is no use in asking USCIS to change it back to Vertical from Horizontal spill over.

    As somebody mentioned earlier, they were all taken by EB3 other workers all these years, it is better to ask USCIS to give preference to EB3-I and EB3-C before giving it to EB3 Other works so that they can get better share to complement for the lost happened all these years. I can understand the EB3-I frustration. We need to analyze who got the major share all these years and ask USCIS to give them to others lost in retrogression (EB3-I, EB3-C, EB2-I, EB2-C).

    Otherwise, only way to get a common ground is, recapture and dependent exception bills. We should all work for these two common bills.

    It may not directly harm visa recapture or any other official IV campaigns - at least for now! But don't you think if EB3-I campaign to revert to the old way of handling the overflow succeeds at all their will be an immediate follow up, counter campaign to re-revert the decision by EB2s? I don't see an end to this fight and I don't see any winners in the long term.

    Again, I'm not saying you shouldn't run your campaign. You have every right to do so. But please accept this for what it is. It will cause a split in IV members and that can not be avoided.





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  • knnmbd
    05-03 12:39 PM
    GreeNever,

    The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.

    So, if
    a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
    b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.

    My question to everyone:
    Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.

    Knowledgeable folks, please comment.

    REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.


    GreeNever,
    Thanks for the correction. U.S Master's in STEM means there is no need for the 3 years experience.
    With regard to LC, there was some talk in PACE and TALENT of a blanket LC for U.S degree in STEM, but that seems to me missing here. But in the larger context of things, who really cares if with a U.S M.S degree you need to just go through PERM and then you are all set without the hassle( or should I say torture) of the retrogression. This is a �WIN WIN� situation for a lot of people if SKIL goes through.

    There is no surprise as to why the Advance degree + 3 years (or no 3 years required in case the advance degree is from a U.S university) clause has found its way into PACE, TALENT, SKIL and was not to mention the failed CIR bill. The bottom line is that there is a sudden urgency to reintroduce the charm of pursuing higher education in the U.S. This benefits the U.S in many ways; universities get more international students paying out of state tuition (good for them specially b�cos the war effort has sucked all resources from educational institutions) and rekindle the brain drain from India and China in the form of researchers and engineers who pursue advance degrees and remain to work in the U.S( it will be surprising if there is no one looking at the booming economies of Asian countries mainly due to number of graduation engineers). So it�s a winning situation for both the U.S to attract smart people, make them spend a �lot� of money in paying tuition in U.S schools and hey what the hell give them a GC to live and work here permanently instead of them heading back home to do great things there.

    It works for every one so that�s just great.



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  • rajuseattle
    08-16 10:33 PM
    thanks BRIT_GC





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  • shukla77
    05-23 01:50 PM
    sent emails to 2 in NY



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  • eb3_nepa
    12-11 07:50 AM
    Guys even H1B increases are not that bad. A lot of our spouses could get jobs on h1b if it was open just now. Ultimately isint that what we want? Both husband and wife working?

    I know that it could have a possible effect on the EB but I think a LOT of our spouses could work if the H1B quota was available. I know atleast 2-3 such friends whose wives can easily get jobs if the H1B was open.





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  • ghost
    02-24 01:34 PM
    How to get added to the 'donor' forum?? ;)

    as far as I know, donor forum is for recurring contributors only...thanks for your contribution!



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  • morchu
    05-08 02:36 PM
    :) my point was, regulations and interpretations are meant for the exact situation. Anyway I am also done in this topic. I have no personal interest on either EB-quota or FB-quota (why am i even here... nhaa?).

    Thanks for a healthy discussion though.

    we are talking about inclusion logic here. Not the exclusion logic.





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  • dreamworld
    08-16 12:36 PM
    PD: EB3 - Mar 2004
    140: got approved on June 2007 at TSC. LUD 8/12/2007
    485: July 2, 2007

    No checks cashed yet!!!

    What is LUD mean?
    From USCIS online tracking: https://egov.uscis.gov/cris/jsps/login.jsp
    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.



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  • EB3_SEP04
    08-27 10:34 AM
    We have been waiting for more than 100 days. We applied exactly 120 days before our current EAD was going to expire. When I called USCIS (after 90 days) , Customer Service told that that don�t have our finger prints in file. I never got any notice and my lawyer said they don�t need finger prints for paper filed application and they should use I485 finger prints. So I took the infopass appointment. IO was nice and he was willing to listen. He said the same thing (missing finger prints). I showed him the fingerprint receipts from last year and also showed the USCIS memo talking about interim EAD. He said no to interim EAD. But called Texas Service Center right then. Person on the other end offered to call back in 5 minutes and he did. IO came back and told us that there was some thing wrong at their end and they will port my finger print information from 485 to EAD application. But he said it would take 10 � 15 business days more. Our current EAD were expiring soon and I called congresswoman�s office next day. Got the approval email yesterday evening. Don�t know what worked. But what a huge relief.

    EB-3-India (March 2003)
    Labor Approved: Oct 2006
    I-140 approved � Jan 2007
    I-485 applied � June 2007
    EAD (Renewal) applied � May first week 2008
    Called USCIS and Opened SR � August first week
    Infopass at local uscis office: Aug 20th
    Called Congress Woman�s office: Aug 21 st
    EAD Approval email: Aug 25

    Does this mean, if someone has never done FP for 485, will need to do it now for EAD even if it is paper based?





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  • buddyinsd
    08-23 01:05 PM
    Thanks for sharing this...But I've not yet applied for my EAD renewal...

    My wife got a soft LUD on 8/21. She has PD of Dec 2005 EB2 (I). I wa shappy to see some activity but then i saw the following thread (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1599851-ead-renewal-but-i-485-update.html#post1981520) . It looks like some got the soft LUD on their 485 but their EAD was in process and same is the case wiht my wife. She applied for EAD renewal last month.



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  • bhobama
    05-10 10:07 PM
    The answer is in your question. Numbers. A few years ago (circa 2002-) no one complained much about Indians. Recently the complaints in the media/forums etc. are much higher. Why ? More H1, => more bodyshoppers (mainly India) => more abuse => more complaints and so on.

    Also FYI, H1 is "temporary" just like F1. H1 is not a guarantee to GC. So you need to go back after 6 years, since you say F1 should leave after graduation.



    Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?





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  • mirage
    07-08 11:01 AM
    People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
    if it takes 2 or 3 years to fight this case, what is the use



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  • GCEB2
    09-03 10:43 AM
    Did you receive teh physical cards by now?

    My Case:

    08/12/08 - Approval Notice Sent message (This is the only message I got)
    08/18/08 - Received the Approval notice by post

    No cards till now...:confused:

    I am in the same situation

    08/12/08 - Approval sent email
    08/18/08 - Received the Approval notice by post

    No welcome notice or card

    No updates.....





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  • gcwait2007
    02-04 09:05 AM
    Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

    May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

    Good Luck to everybody!!

    What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.

    Living in USA really does not matter, as long as you are able to achieve them in any place.





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  • SunnySurya
    08-18 02:35 PM
    That lawsuit Idea is still very much alive but not relevant to this. Plus that idea will take some time. I also don't beleive I had been unethical.

    The bottomline, you would agree, the reason we all are lurking on this forum is to get our GC. I can assure you and the other core members of one thing, I will not do anything which is I beleive is unethical on not within the boundaries of the law.





    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.





    redcard
    08-20 01:43 PM
    Thanx to Libra, skidude, vkrishn, gkattalu, bindoke, andycool ....

    I feel much better. These are trying times for sure.

    Loads of work at the office, moving from one city to another and above all...this frustrating wait --- Its 2 much 2 handle. But I'm with u guyz...I think I shud just STFU N wait.

    For all those waiting for approval, its does help to find out if a visa number has been requested for your application. My understanding is that all the applications which are ready for adjudication are moved to a separate area and visa number is requested for those.Infact if you can find out (I think the guys at Infopass only have access to that information. Not sure if the level 2 service does) it helps. If a visa number has been assigned or requested for your application it will get approved.

    I am not sure if assigned to an officer or with an officer status has any material value when it comes to approval unless a visa number has been requested.





    sanz
    04-16 12:58 PM
    nice work digging old threads



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