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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-13-2008, 12:29 AM
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Default EB-3 India ACTION ITEM

EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

Moderator could you makes this Sticky please

Could somebody also post the adderess of USCIS please..

Attached Files
File Type: doc DOS Letter.doc (32.5 KB, 956 views)

Last edited by pani_6; 07-15-2008 at 01:28 AM.
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  #2 (permalink)  
Old 07-13-2008, 01:05 AM
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Just curious if this is being endorsed by IV?
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  #3 (permalink)  
Old 07-13-2008, 01:20 AM
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Great Job - Thanks for taking initiative... everyone please pitch in.
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  #4 (permalink)  
Old 07-13-2008, 01:28 AM
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Really Good Work!!!
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  #5 (permalink)  
Old 07-13-2008, 02:42 AM
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Default Let us check with IV first on this

I am in for it, a very great initiative.
But would request to check with IV first on this
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  #6 (permalink)  
Old 07-13-2008, 03:15 AM
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Quote:
Originally Posted by pani_6 View Post
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

Moderator could you makes this Sticky please

Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

Had they cared July fiasco wouldn't have happened...
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  #7 (permalink)  
Old 07-13-2008, 04:04 AM
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Default Plz don't discourage.

Quote:
Originally Posted by bazuka6 View Post
Sorry .. I don't understand ... You are complaining to DOS for USCIS and DOL discrepancies ? They don't care ..different departments really..

Had they cared July fiasco wouldn't have happened...

This is the first time, EB3-I is speaking up. Please don't stop us.

DOS and USCIS both are tied together. I think we should send this letter to both DOS and USCIS and request them to distribute spillover numbers equally between EB3 and EB2 category or similar.

Thanks
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  #8 (permalink)  
Old 07-13-2008, 05:10 AM
sc3 sc3 is offline
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Quote:
Originally Posted by pani_6 View Post
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

Moderator could you makes this Sticky please
Thanks!. I was in the process of writing to the Ombudsman about the allotment system change, and the reasons behind it. If I dont hear back, I intend to write to my congresswoman / senator about it.

So while I was thinking what to write, your draft is very helpful in making my final letter. I hope everyone starts writing mails to the ombudsman about the problem.
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  #9 (permalink)  
Old 07-13-2008, 09:28 AM
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I commend the initiative. But I see a few issues with it:

You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.

The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.

If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

So I personally do not think this idea will work.

While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.

Last edited by pappu; 07-13-2008 at 10:17 AM.
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  #10 (permalink)  
Old 07-13-2008, 10:30 AM
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Thumbs up Definitely will try

No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.
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  #11 (permalink)  
Old 07-13-2008, 10:36 AM
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Default Should We go ahead With Letter ?

Does IV want to change the format of the letter ? If so, modified letter from IV will be appreciated. I thank pani_6 and IV's effort to address the EB-3 situation. If necessary, IV can also arrange meeting with Department of State for discussion of EB-3 Visa allotment and delays. EB-3 situation is really dier. IV is requested to please arrange meeting with DOS.
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  #12 (permalink)  
Old 07-13-2008, 10:48 AM
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Thumbs up Really a nice job

Quote:
Originally Posted by pani_6 View Post
EB3-I..please print the attached word doc and sign and mail it to Department of state..this week

Moderator could you makes this Sticky please
Hi Pani, people like you could change the system. You have done really a nice job.
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  #13 (permalink)  
Old 07-13-2008, 10:53 AM
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Jul-04
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Thumbs up

The EB3 situation is really bad...I have the calling part too...and its stressful to see EB3I not having any good hopes though.

I am in signing this letter.

its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.

I request even EB2 to support this cause and help.
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  #14 (permalink)  
Old 07-13-2008, 11:03 AM
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Priority Date
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May-04
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EB2
I140 Mailed Date
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08/25/2005
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Default My thoughts on this letter.

Can I ask why the complaint in the letter about the change in interpretation of the law in favor of Eb2 I? Before jumping on me, read on.
The overflow visas would not go to EB3 I, under either interpretation. They would now go to either oversubscribed EB2 countries namely India and China(horizontally) or as in the past 2 yrs they went to to EB3 ROW under the old interpretation(Vertically).
Arguably the first one is better for EB3 India since atleast, if you are qualified and your employer agrees and your job description is suited to EB2, then you could move. You certainly could not move your country of chargability. If you were hoping for overflow from EB3ROW, it would still have to pass through the gate of EB2I.
Perhaps the person drafting the letter can explain their rationale on including this in the letter.

I agree with Pappu, the single most important thing that could help EB3I in the near term is a visa recapture legislation. That is where the most energy of EB3 and for that matter all of IV membership should be. Specifically the membership needs to get more robust in their actions especially personally meeting lawmakers and their staff. Meeting affected constituents from their districts seems to have the most influence on them.
Additionally, I would not convey the sense that, you were "deciding" on whether to file Eb2 or EB3. That should solely be based on the job description and is more up to the employers discretion in the current law. The beneficiary should not have a role in that(as per what I understand). Additionally, noone was prevented from porting their PD or using Sub labors or moving into EB2 category should the new job description meet the criteria (always remember you being qualified for EB2 means didly squat to the USCIS, it is the job description and the employer's desire for it that the USCIS considers, only then do your qualifications even matter to them). I agree that all of these are irksome to those waiting patiently in line, but those are the rules unfortunately. To my mind, the labor sub. thing was the most egregious, discriminatory and widely abused(thank god it has been ended), unfortunately those in the queue over the last few years paid for it.

Last edited by alterego; 07-13-2008 at 12:34 PM.
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  #15 (permalink)  
Old 07-13-2008, 11:09 AM
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Friends,

Please vote here, and share your ideas, regarding "Campaign for Visa Recapture"

http://immigrationvoice.org/forum/sh...ad.php?t=20132 (Campaign to recapture green cards)

There should be enough people supporting any campaign to be successful.

Thanks,
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