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zak74

May 2012 Visa bulletin out ...

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Hmmm ... MurthyDotCom says that even people whose PD is before Aug, 2007 may have to wait until Oct 2012 - which really sucks. But it is what it is.

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No offence but I think it's really a good news. There is a general concensus that new comers from India are more frustrated than grand pas here. There are many immigrants who are waiting for decade has no hope. Let there be relief for old timers. Just my 0.02c

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No offence but I think it's really a good news. There is a general concensus that new comers from India are more frustrated than grand pas here. There are many immigrants who are waiting for decade has no hope. Let there be relief for old timers. Just my 0.02c

My PD is Nov 2008 EB2-IC. I became current in Jan 2012. But then they made it current till May 1 2010 in subsequent bulletins.

Due to attorney and employer delays, I filled only in mid-March. But those with later PDs than me applied early and got GC.

Now, that is due to the manner in which DOS and USCIS opens PDs and processes them. If someone with later PD got GC, that's fine.

Good luck to them. I am not gonna whine and complain about this and take pleasure if other category slows down or retrogresses.

Stop taking out your frustrations on everyone else. It's not their fault that you are waiting. In this decade of waiting, you could done a one year Master's degree and

applied for EB2 category. No one here stopped you from doing that. Stop blaming other categories for your wait time. There is a reason there are different categories and

you knew it when you applied. I have a friend who is on EB-3 IC and waiting for a decade. But he has AP and EAD and goes about his life as if he already has GC.

He never complained and he never gloated about other category retrogressing. In fact, he wishes I get GC quicker. You sound very silly.

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No offence but I think it's really a good news. There is a general concensus that new comers from India are more frustrated than grand pas here. There are many immigrants who are waiting for decade has no hope. Let there be relief for old timers. Just my 0.02c

I'm not sure why you think this is good news. EB3 India dates will not move forward, unless EB2 India becomes current - We all know that any new visa thats comes to the EB India queue will go to 1, 2 and then 3 in that order. Its wishful thinking that EB3 india would get any kind of significant movement, when EB2 india has been moved back.

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@PernalGuy..I was actually surprised that you were a bit late with your comments..I was expecting your posts filled with delight immediately after the news of retrogression came out..

Let me tell you that nothing is gained by rejoicing on somebody else's disappointment..That is plain sadism..

And for your information 'grandpas' in India have worked hard so that the younger ones don't face the same problems they did..Your comments show your depraved attitiude

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Hi

My PD is April 2007 ( EB3 ported to EB2 last september). Responded to a RFE couple of weeks back. Since priority date is before aug 07, i thought i have some chances of approval. If read the forums here that looks like is not possible to get approval before Oct 2012. . how come ? if priority date is April 2007, does not it mean the PD is current and should not they leave a few visa numbers for cases like that ?

with regards

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@PernalGuy .My company filed an EB3 petition in April 2008. I had a masters degree in engineering and 3.5 years of experience before joining the company , however my company refused to put an EB2 requirement (MS+3 years or BS+5 years) for the engineer grade I was in and so I was 'forced' into EB2.

I applied for a senior engineer position in a different department was interviewed and selected from a pool of 5 candidates. My job duties increased (I volunteered) and hence I was able to convince my new boss to support a new EB2 petition.

A lot of us had to struggle a lot to qualify for an EB2 petition..It was not given to us in a plate...For your information I have been in the US for 10 years ..I came to the US in 2002 and finished my masters in 2004..

Please stop making sadistic comments and stop enjoying other people's disappointment..A truly qualified person tries to improve his situation with proactiveness and hardwork not by getting jealous and hoping bad things for others..

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Indeed, I am in the same boat.

My PD is SEP 2003 and my EB2 I 140 was approved on March 13th with my old PD and A#.

Raised an SR on Apr 2nd about interfiling.I was told to expect a response by April 17th.

Not sure now if they have any visas left for my case.

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No offence but I think it's really a good news. There is a general concensus that new comers from India are more frustrated than grand pas here. There are many immigrants who are waiting for decade has no hope. Let there be relief for old timers. Just my 0.02c

pernalguy we know that you have stuck long time in EB3 category. But this news is actually a VERY BAD NEWS even for EB3 folks. Why? because it tells us that EB2 may not be current at least next few years which means there would not be spill overs happening from EB2 to EB3. Now with retrogression EB2 queue continue to get longer. So you know that there is not relief coming for long time stuck EB3 people.

This retrogression may give you some happiness seeing people with newer PDs are not going to get GC for next 5 to 6 months or so and nothing else. After that they are the ones who first will get GC before you.

BTW I too belonged to EB3 once.

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One more thing. There will not be any spillover from EB1 this year as well as coming years. Reason for more consumption in EB1 is EB1C who happens to be all Managers without labor certification, without education like EB2/EB3, without pay restriction, etc. sort of abuse in the EB system. L2 folks can get EAD and not H4.

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I donno why pple are jaelous of EB2 guys. Most of EB2S I know, came to US on F1s, they took out loans for their educations, took risks, basically they are not getting EB2 for free, So pls, how can somebody say retrogresison is good .

Again, I wish good luck for all applicants from all categories for their GCs.

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I donno why pple are jaelous of EB2 guys. Most of EB2S I know, came to US on F1s, they took out loans for their educations, took risks, basically they are not getting EB2 for free, So pls, how can somebody say retrogresison is good .

Again, I wish good luck for all applicants from all categories for their GCs.

This is not a generic statement right? Every one takes risk when they migrate to other country so nothing special about EB2.

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Pernal,

The EB1 Multinational Executive/Managerial category requires that an individual hold an executive or high level managerial position within a multinational company.

While there is no specific educational requirement, in my experience, most such people are at least fairly well-educated. If not, then they are usually the kind of really smart person who has managed to work their way up via talent.

There are not wage requirements, but, there can be questions about the true nature of the position if the earnings do not reflect something appropriate for an executive/high level manager.

And, of course, since it is so "easy"..... perhaps it would be something to look into for yourself---spend the year abroad--and come back in. It will be faster than waiting for EB3.

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Pernal,

The EB1 Multinational Executive/Managerial category requires that an individual hold an executive or high level managerial position within a multinational company.

While there is no specific educational requirement, in my experience, most such people are at least fairly well-educated. If not, then they are usually the kind of really smart person who has managed to work their way up via talent.

There are not wage requirements, but, there can be questions about the true nature of the position if the earnings do not reflect something appropriate for an executive/high level manager.

And, of course, since it is so "easy"..... perhaps it would be something to look into for yourself---spend the year abroad--and come back in. It will be faster than waiting for EB3.

PernalGuy,

You should take this advice, leave the country and "try" to come back. It should be "easy" for you to get your green card the EB1 route.

Its not just EB2 thats unfair, now EB1 too - why not explain your crackpot theory to the USCIS and get both EB1 and EB2 stopped temporarily or better yet banned, so EB3 can get much needed "relief"

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Pernal,

The EB1 Multinational Executive/Managerial category requires that an individual hold an executive or high level managerial position within a multinational company.

While there is no specific educational requirement, in my experience, most such people are at least fairly well-educated. If not, then they are usually the kind of really smart person who has managed to work their way up via talent.

There are not wage requirements, but, there can be questions about the true nature of the position if the earnings do not reflect something appropriate for an executive/high level manager.

And, of course, since it is so "easy"..... perhaps it would be something to look into for yourself---spend the year abroad--and come back in. It will be faster than waiting for EB3.

historical evidence suggests that it will take about two to three years for USCIS detect abuse trend..

I know two or three people in this category who do not fit your description of qualifications and I hope the abuse will be stopped soon..

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Fraud and abuse are ongoing problems within immigration. That is part of the reasons that the penalties for fraud/misrepresentation are so severe even when people lie about things that would not have kept them from getting the particular benefit. (Like when people claim they are single when applying for H1s because they think they won't get it if they are married. Or when people lie about having been arrested, when the particular arrest wouldn't have kept them from getting into the U.S. etc.)

Whenever there is some significant benefit that people want desperately, there will be efforts to beat the system.

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As for the good news/bad news aspect of the EB2 retrogression, it was bound to happen. It was just a question of when. It seems there were some miscalculations and the PDs may have been moved too far forward too quickly. So, for some, that means they got to file I-485s when they wouldn't have otherwise been able to do so.

For many, this forward movement has resulted in GC approvals. Other people managed to get cases filed, and now will have to wait until at least October.

Since people always get frustrated when others with PDs that are not as old as theirs get GCs, this development helps to put the GC approvals back into a little bit more "fair" order. That is, by October, the pending cases should be preadjudicated and ready to go. The visa numbers will be released based upon demand, so that should allow the oldest cases to be approved before the more recent PDs for the most part.

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Hello Attorney_6 :

Many thanks for the reply . So am I correct in assuming that even though my PD is October 2006, I stand no chance of getting an approval until the new numbers become available later his October ? i.e there are no more eb2 visa numbers for India or China until the bucket gets filled again later this October

Thanks

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I do not know whether this is a good news or a bad news for EB2. EB3 is accustomed to see bad news all these times. So Cheers.

Hello roul_raj,

EB1 > EB2 > EB3

here ">" may mean better or more competent or more talented or more highly skilled etc etc

maybe you need to jump to EB2 somehow to take advantage of the privileges.

Good luck

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EB1 > EB2 > EB3???????

It is not correct always. In my present work place my colleagues with the same job description, which I do have, got their GCs, in EB2, because of the recent advancement of EB2 visa Priority Dates. How is that happened, is a grey area in the present immigration system, because the "educational qualification requirement" for the same job should be same between me and them. Most of the people in IT work as contractors, who are working for their end-clients, whereas their actual employer is different. So their employer might have filed their labors in EB2 by putting their own hypothetical "educational qualification requirement" which is in contradiction to the actual end-client "educational qualification requirement".

So "here ">" may mean better or more competent or more talented or more highly skilled etc etc" is not a valid or just statement. Yes, Eb1 with PhDs should be ahead of all EB2/EB3, but not necessarily all EB2 applicants are better or more competent or more talented or more highly skilled than their EB3 counterparts.

Hello roul_raj,

EB1 > EB2 > EB3

here ">" may mean better or more competent or more talented or more highly skilled etc etc

maybe you need to jump to EB2 somehow to take advantage of the privileges.

Good luck

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I wanted clarificaton on the original thread.

When it is said that the EB2 visa allocations for India/China have been depleted, does that mean that annual quota allocated to these countries has been depleted or does it include the visa allocations that would have normally been granted after the spill over from other countries and categories?

Any information or opinion either way would be appreciated.

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