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eastindia
09-23-2010, 01:36 PM
A lawyer posted this on his website

Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News

Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

General Visa Number Trends

Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

Visa Bulletin Predictions – Employment-Based

Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.

EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.

EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.

Visa Bulletin Predictions – Family-Based

Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.

Edison99
09-23-2010, 01:45 PM
Thanks eastindia for the posting Visa Bulletin Predictions and Updates!

Michael chertoff
09-23-2010, 01:53 PM
A lawyer posted this on his website

Visa Bulletin Predictions and Updates from Charles Oppenheim
September 23rd, 2010 | Category: Articles, News

Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.

General Visa Number Trends

Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.

With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications

Visa Bulletin Predictions – Employment-Based

Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.

EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.

EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.

EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.

EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.

Visa Bulletin Predictions – Family-Based

Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.

FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

Conclusion

Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.

So basically . There will be no movement for EB2 india.

rsharma
09-23-2010, 02:33 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

Administrator2
09-23-2010, 02:47 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?

pd052009
09-23-2010, 02:50 PM
Dude... Whatz up?

If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

LONGGCQUE
09-23-2010, 02:56 PM
Totally agree with admin2. Rules are rules .. if you can apply and get thru EB2 .. so others 'qualified' have the right to do so.

h1techSlave
09-23-2010, 02:59 PM
the problem is that some of us are likely to eat his lunch
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?

eb3retro
09-23-2010, 03:05 PM
Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..

"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

ghost
09-23-2010, 03:07 PM
It's very selfish of rsharma....shameful!

I've applied in EB-3 in 2006 but was unable to port my PD because I was not aware of the fact that you need an approved 140 for porting. I've changed my jobs in Dec 2006 and now applied in EB-2 in 2008 with my current company.

I don't mind waiting longer (it's been 11 years) if EB-3 folks are porting to EB-2 because they've gained the necessary experience and have every right to get their GC just like EB-2 folks. Let's not try to tear each other down.

Good luck to all of us!

ravi.shah
09-23-2010, 03:13 PM
Now you are going to protest porting..do u have a slightest idea of how it is to wait for 10 years in the GC queue. This is not because people were not eligible for EB2 at that time, but rather due to the lawyer and employer mess ups. And there is no wrong in someone going to the front of the queue if they were able to prove that they are eb2 worthy..

Agreed !
Employers and their law firms many a times screw up deliberately.....
If they apply for Eb3 then that guy gets stuck with that consulting firm for like 10 more years ! Which employer doesn't want that !!! Many of my friends have got stuck in EB3 lines due to employer/lawyer deliberate-goofups !! If they leave the company, they risk the money they gave for previous GC processes + the client.... becoz of contract terms... etc...

If EB3 candidates are eligible for EB2 porting, they MUST go for it...
If that is going to delay EB2, then so be it.... Its the right thing to do...

Sachin_Stock
09-23-2010, 03:15 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

Thats a ridiculous assumption!

Sachin_Stock
09-23-2010, 03:18 PM
Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.

eb3retro
09-23-2010, 03:24 PM
link for the article..

Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)

Administrator2
09-23-2010, 03:42 PM
the problem is that some of us are likely to eat his lunch

It is not his lunch. We should not see all this as a zero sum game. We all ought to learn not to get dragged into meaningless Eb2 v/s Eb3 fight. It doesn't help anyone. Some of us in IV core had the opportunity to see this situation very closely and witness how it plays out in Washington. No matter who says/starts Eb2 v/s Eb3 fight, you will not get any different response from IV.

Our position and work on this situation is very clear. We are all in this together and we should all help each other out instead of pulling each other down. This is the only way to fix the problem.

h1b_forever
09-23-2010, 04:56 PM
I am sure you dont deserve EB2, it shows clearly

"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

insbaby
09-23-2010, 05:03 PM
* is expected to move very slightly forward
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward

I love english. You can say the same thing in 10 different ways without hurting others.

-- He could have done it with just two words as "Forget it" and closed the meeting.

sparky_jones
09-23-2010, 05:20 PM
* is expected to move very slightly forward
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward

I love english. You can say the same thing in 10 different ways without hurting others.

-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!

good idea
09-23-2010, 05:29 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?

jindhal
09-23-2010, 05:29 PM
Dude... Whatz up?

If someone ports from EB3 to EB2, then they deserve to be in the front of the queue. Nothing wrong in the process..

If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

good idea
09-23-2010, 05:34 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

ha ha ha ha ha .... till few days back EB2 guys were saying we are with you.... do not be jealous.... fight together for EB... now after this article, now some of EB2 people are not happy with rules & sharing true color of spirit they were talking about...

Sachin_Stock
09-23-2010, 05:43 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.

deepimpact
09-23-2010, 05:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.

jindhal
09-23-2010, 05:46 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate

jindhal
09-23-2010, 05:50 PM
Thats YOUR perception, and its totally inaccurate. When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant. Now that date belongs to him and if he has gained sufficient expertise/skill level for him to promote to Eb-2 I-140, the transfer of dates is obvious. On the contrary he deserves to be ahead in line because he had already filed Eb-3 way ahead in advance. Calling him an unskilled, inept, or lazy proves him otherwise.

When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date. Does not mean he should get to be at the front of the line just because he is now eligible for an eb2 job.

Sachin_Stock
09-23-2010, 05:54 PM
When xyz had his Eb-3 140 approved, by definition he was OK'd to be immigrant in that category with THAT date. When he files for an EB2 he is "OK'd" to be an immigrant in that category at THAT date.

Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

Porting is a right justice served. Of course, not everybody are eligible for that.

TeddyKoochu
09-23-2010, 05:57 PM
With recapture, with country cap removal, with any other fixes that you can think of until you are not feeding yourself from my plate

Excluding dependents is the most powerful and least controversial and most unifying way to clear the entire backlog in 2 - 3 years time. This way no EB2-EB3, I/C/ROW we will all be green.

reddymjm
09-23-2010, 06:07 PM
I dont see this News as disappointing at all. All of them are moving fwd at some pace in all the bullitens. :D

jindhal
09-23-2010, 06:09 PM
Based on the same language English that you have studied, and I have studied, the term 'That' refers to Eb-3's PD. One cannot just throwaway all the merit earned on Eb-3. Which precisely what you are asking one to do.

Porting is a right justice served. Of course, not everybody are eligible for that.

You are entitled to your opinion on this matter and so am I. Nobody is asking you to throw away all the merit earned in eb3 you get to keep your priority dates in the eb3 category. That way if eb3 ever becomes current you still get your green card.

The other point that I am trying to make is that the core keeps complaining about how the IV members do not help in advocacy and in any grass root efforts, I am not sure about the other eb2 applicants but I think I can safely say that for most of them, the IV agenda items are geared towards helping the entire EB legal immigrant community but when it comes to porting the entire IV community (including the core) condones anyone who supports porting and lashes out at anyone who doesnt which just makes me believe that this is more like an IV - EB3 rather than just IV.

TeddyKoochu
09-23-2010, 06:30 PM
Explain how this is the least controversial? Are anti, illegals, and other stake holders willing to do this?

Excluding dependents is like making the Cap 2.5 times, when I say least controversial I intend to that everybody in the legal immigrant community will support it. If the cap becomes 300K Per annum, Iam sure everybody by which I mean even if somebody has filed for his / her labor today will get approved within 2 years (Equivalent to 600K visa numbers). Of course this will require a change of law but nobody EB1, EB2, EB3, ROW, India / China would oppose this as everybody's process gets speeded up. There is no other way to clear the backlog in its entirety and ensure that it does not happen again like this solution of excluding dependents.

tamil12
09-23-2010, 06:54 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

Don't worry brother....I started my Perm Eb2 ....I am eligible I have 9 + years of US experience itself...EB3 Who are eligible go for Porting....No other go for us.

Administrator2
09-23-2010, 06:55 PM
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..

You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.

You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.

IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.

Just to be clear, you can say what you want but we don't think its your lunch.

dskhabra
09-23-2010, 08:51 PM
I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...

seahawks
09-23-2010, 09:13 PM
I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route:) Just kidding.

dummgelauft
09-23-2010, 09:31 PM
EB-3 porting to EB-2 is ging to slow down EB-2. Everybody is fighting over this, btu has anybody tried to find actual number associated with porting? Mr. O said "thousand"..well..how many..4000, 5000, 10,000......all the calculation done on another thread already have accounted for about 6000 porting, per year..

Remember folks, these days companies are shying away from immigration related stuff, so for an EB-3 individual to be able to file in EB2 is not as easy as it sounds. I personally know 4 guys, one IT and 3 non-IT, whose companies have simply refused to entertain any request for upgrading the EB category.

So, laro matt..

Help IV to work in the direction of STEM Exemption, Visa recapture, dependent count elimination, country cap removal etc. Personally, I think STEM exemption should be the easiest to accomplish, but hey, we all know the ground reality.

Chris Rock
09-23-2010, 09:35 PM
EB3 India guys realized that this is the only path to GC nirvana!

So our(EB3I) mantra now is "Port, baby, Port".:D

rssb
09-23-2010, 10:10 PM
dummgelauft porting is happening and you may be correct about non IT companies and big IT companies being unwilling to port.
I can recollect 7 people immediately of which 1 is a genuine EB2 , 1 was a genuine Eb3 (2003) and remaining 3 have done labor substitution in Eb3 , 2 in Eb2 with dates ranging from 2002-2004 during the July Fiasco. 2 Eb2 people already got their GC's.

The other 3 people now have at least 3 years exp from 2007 --> 2010. Making them eligible for Eb2 ( with a variety of education + work exp combinations).

Lucky people are the ones, who could manage to get labor substitution during June-July 2007, got EAD's within 6 months, had the flexibility these 3 years and are now capable of porting to Eb2.

In the end it boils down to how resourceful one is and adapts to the situation and able to make things better for themselves. Same goes for L1 -> EB1 route. Porting by a person who has a substitute labor of 2002 ( in July 2007) will also effect a genuine EB3 application from 2006, as they are moving ahead even in the Eb3 queue.

Porting is here to stay , the only hope for people is to combine efforts and try to follow up on the various proposals ( STEM Exemption, visa recapture, counting dependents in family quota, and provide relief to people by at least letting them file 485's without waiting for dates to become current )

rsharma
09-24-2010, 08:51 AM
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?

Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..

krish2006
09-24-2010, 09:18 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..

In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)

gc_check
09-24-2010, 09:32 AM
---
Guys wake up and fight to make the porting rules very strong if not stop porting. The rule should be if I140 for porting is denied then the applicant should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fraudulent applicants cannot port from EB3 to EB2.
---

There are many genuine cases, who could have applied in EB2, but due to some erroneous counsel by employer or legal, ended up in EB3 category. Having an option to port PD when applying under alternate category is available, and people eligible taking advantage of this should be allowed to do it and encouraged. Given the market condition, if some one could qualify under EB2 and successfully secure a EB2 labor/I-140, then it must be welcomed and only genuine cases could do so. People with EB3 PD of 2001 or 2002 and waiting for GC might already have worked one or two years prior to starting the process and might be in country working for almost a decade and some even have done their Masters and have the experience. With all this, if they take advantage of this, then they deserve it. I am not able to understand your concern, and also expecting/requesting the porting process to be stopped !! Does not sound right.

TeddyKoochu
09-24-2010, 09:34 AM
my dear friend come back in reality..... to put it least harshly... “khayali pulav banana band karo” (stop day dreaming)
IV core needs to focus on real issues and obstructions which anti throw our way

I believe that you dismissed my suggestion even before considering or reading it. Mere bhai mai yaha khayali pulav nahi paka raha (Brother Iam not day dreaming). However if you don't like my suggestion / idea I respect your opinion, peace !

First and foremost you do not need approval from anti's just some of their achievements are a) Neufiled h1B memo b) higher H1B fees c) Unnecessary RFE's on H1B extensions (Client Letter etc).

Now coming to the other group Illegal’s they will never support us "Legal’s" thank god the dream act is defeated and I hope CIR with illegal amnesty never sees the light of day. Iam sure you know why EB3-I is languished in 2001 for the last 5 years it was 245I.

To cut it short anti's and illegal’s will neither ever help or support our causes.

Coming to IV efforts they are indeed applaudable, however looks like some in the group like to oppose everything.

1) Allowing everybody to file for 485 if i140 is approved, we have a few who oppose this look at the poll results. Requires change of law.

2) Recapture won't fly with the agencies they won't accept wasted visas thing that easily. Requires change of law.

3) Country cap elimination, folks from ROW will be bitterly opposed to it in the name of diversity but the reality is that it is utterly unfair, in fact EB3 ROW is cruising comfortably but they complain about spillover, some of our friends from EB3-I also talk about the spillover rule but they don't realize the fact that all spillover goes to EB3 Row and it will not be current literally even in the next 5 or maybe 10 years because EB3 ROW has steady demand unlike EB2 ROW.

4) What’s left is excluding dependents from the EB cap, nobody except for illegals and anti's will oppose it. Anyway there seems to be no Cap for Illegal’s and Anti's but one thing is for sure that they are always united.

Friends once again I wish to say that this is the only unifying idea for the legal immigrant community and this is the way everybody can see green in the next 2 years. No other idea gives green to everybody in a 2 Yr timeframe. I agree it won't fly and requires a change of law but probably its the way to go. I would give all the credit to maverick979 and deepimpact for suggesting this on another blog if I remember correctly.

rsharma
09-24-2010, 09:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)

By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

Else it is your fate.. you know better what to do...

vbkris77
09-24-2010, 10:08 AM
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

Else it is your fate.. you know better what to do...

It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p

Sachin_Stock
09-24-2010, 10:37 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..

The fact that B filed before A, puts B ahead of A. You must think of it as just one queue and not different queues.

rsharma
09-24-2010, 10:52 AM
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p

I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

But buy then major damage was done..

Therefore EB2 guys wake up till there is time.

good idea
09-24-2010, 10:58 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.

But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.

Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.

My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.

jindhal
09-24-2010, 11:11 AM
You can think what you want. Most of IV core is/was Eb3. But never ever have anyone here sided with any one category. Maybe that's why a few good men rose above this small thinking, and they had the courage to join the core team for representing entire EB.

You can bicker as much as you want but you do not represent Eb2. As few days back there were a few claiming to be in Eb3 and they were blaming IV for working only for Eb2. These guys can also bicker as much as they want and they don't represent Eb3 either.

IV functions and represents the collective issues of the entire EB community without any regard to any amount of bickering from anyone in either Eb2 or Eb3 or India or China or ROW or any other group. You can say what you want but it won't stick. Our goal is clearly accessible from the homepage. If you don't agree with our goals, feel free to take this bickering somewhere else.

Just to be clear, you can say what you want but we don't think its your lunch.

Point Proved

jindhal
09-24-2010, 11:34 AM
I am not sure if I am correct,
Although no. of visas are awarded "EB category + country" wise, but spillover is not awarded in same fashion.
.e.g. 3000 visa comes to EB2 I & 3000 visa comes to EB3 I.

But spillover comes from EB1 to EB2 irrespective of country. And reason why EB2 I is far ahead is because of spillover gain before it reaches to EB3.

Even if some EB2 I guys are not happy with EB3 person porting to EB2, shouldn't they calm down as whoever is porting taking benefit from spillover for EB2 world and not from spillover EB2 I.

My assumption is spillover comes to "EB2" and not "EB2 + country" wise, if that is not correct then my point is nullified.

The number of visas are awared "(EB + FB) Country" wise. The 7% limit is on the total green cards issued to a country regardless of category. There are two types of spillovers

1) The spillover from EB1 -> EB2
2) The spillover from FB -> EB

In the first scenario the spill over happens from EB1 to EB2 regardless of category, the spillover visas do not have any country cap or other limitations and hence are awarded to the oldest priority date applicants in the EB2 category. (This is why China doesnt support country cap removal as USCIS gives the oldest application the highest priority and most of the older applications are from India). IFF all the EB2 categories are current and there are no more pending EB2 applications the visa numbers spill over to the next category i.e. EB3. Therefore until all of EB2 is current EB3 will not receive any spillover visas.

In the second scenario the spill over happens between the FB and EB categories. If a certain country has not used up its entire FB quota additional number of EB visa's will be made available to the applicants of that country. e.g. If Korea has a total limit of 100 visas, which are evenly split between the EB and FB categories so they each have a limit of 50 visas. Only 20 people applied in the FB categories but 80 people applied in the EB categories. USCIS will approve all those applications even though the EB applicants far exceeded the EB limit.

India doesnt benefit from the FB<=>EB spillover as there are sufficient number of FB applicants as well.

And this is how the cookie crumbles.

surabhi
09-24-2010, 12:39 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

saileshdude
09-24-2010, 01:11 PM
Surabhi,

Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.

That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.





I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

Chris Rock
09-24-2010, 01:32 PM
Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.

Porting is the law right now. It is not easy to change the law these days.

Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.

My 2 cents.

rsharma
09-24-2010, 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

This is very simillar to labor substitution...

raghav0
09-24-2010, 02:03 PM
I cant believe that this kind of "Crab Mentality" would still exist especially now when we need to stop cribbing about these petty issues and unite to fight for our cause...Please GROW UP!!!

belmontboy
09-24-2010, 02:08 PM
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

This is very simillar to labor substitution...

Thanks for your "sincere" concern.

There is no abuse in porting, don't worry about it.

Porting happens as prescribed by law, unlike Labor substitutions which was being sold for $$$. These days its not easy to get filed in EB2 - as the labor market is very bad. If someone gets through, then they really deserve it .

Don't get paranoid about porting. Porting is there for a reason and will stay. Doesnot matter whether you like it or not!

jindhal
09-24-2010, 02:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

Thank you!!

Sachin_Stock
09-24-2010, 02:42 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.

vbkris77
09-24-2010, 02:53 PM
We tend to forget that we are not lawmakers :p

When EB3 talked about the fair share or EB2 talks about porting, its an unnecessary fight that gets us nowhere..

When we talk about CIS wasting the visas in the past that led us here and racist remnants of INA in establishing country limits on top of free enterprise selection, We all win..

I don't know how better I can say..

I agree.. Remember labor substitution was also legal once upon a time. However when people reported the facts to USCIS the labor substitution was banned..

But buy then major damage was done..

Therefore EB2 guys wake up till there is time.

The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

This is very simillar to labor substitution...

I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

acecupid
09-24-2010, 03:06 PM
The priority date should be always based on the particular labor filling or the filing of I140 (which ever applicable)

I am not against anyone getting GC. If everyome gets GC today, I am all for it. But no solution is in sight. But that does not mean someone elase will try to push EB2 back.

Therefore just wanted to let EB2 guys realize what will happen to them if no action is taken.

This is very simillar to labor substitution...

It is really absurd to compare porting with labor substitution. Just because porting is not favourable to you, doesnt mean people are abusing the process. Unlike labor substitution which was sold for $$$, the person porting from EB3 to EB2 has to show enough proof to get ported to EB2. Get your mind out of the gutter. By making these allegations you are hurting your own cause and it will not benefit anyone. There is only one queue which is based on priority date and not based on category in which it was applied. You may think it is unfair to YOU but that is the law.

Can you prove that the law is broken by porting ? What is the basis for your argument other than YOU think it is unfair to YOU ? Stop being so paranoid and help with efforts that help the entire EB community.

acecupid
09-24-2010, 03:19 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.

rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?

The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.

umndude
09-24-2010, 04:02 PM
Abuse can happen as long as there are desi consulting companies. Major companies in silicon valley does not file for an EB2 unless salary is > 95k and unless they advertise M.S. + 2 years. How many desi consulting company jobs are really EB2 jobs? Think about it.
Abuse happens at all places
EB1C
EB2 desi consulting (new or porting)

The latest trend is, leave current job where they filed an EB3. Go to desi consulting company, file for EB2 with old priority date. Get GC. Come back to old company with hike and of-course GC.





Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.

As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.

And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.

jindhal
09-24-2010, 04:36 PM
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?

The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.


A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.

ronhira
09-24-2010, 04:54 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.

just when i thought that i've seen everything insane possible on this forum...... u break the new barrier..... to boldly go where no man has gone before......

jindhal,

daal roti khao aur prabhu kee guun gao......
(translation: eat & live simple and thank the lord)

what is this analogy none sense..... u'r a disgrace to eb2...... date porting is codified in the law..... no one can change it but congress....... the problem with congress is that it cannot agree with anything related to immigration...... let's say they decide to do just one thing, just one....... do u truly believe that anybody other than u on this planet would care to stop porting of eligible applicants to eb2?...... pls keep me posted if you send out any communication to anyone for stopping porting.... becoz i'll send double the number of emails and letters to keep porting in place.....

i do have a suggestion for u...... if everyone is porting from eb3 to eb2..... maybe u should stay ahead of the curve and port from eb2 to eb3...... then u will be the only applicants left in entire eb3..... :rolleyes:

acecupid
09-24-2010, 05:13 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.

Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D

what you are hoping for is a change in law which one cares about because it is absurd.

Sachin_Stock
09-24-2010, 05:28 PM
I refuse to even comment on that analogy. :rolleyes:

pallavan
09-24-2010, 05:53 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.

Well Said ! Excellent analogy. It captures the absurdity of porting with PD retention.

manishs7
09-24-2010, 05:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.

A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.

Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.

Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.

SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?

If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.

Therefore EB2s who are from mid 2006 onwards will really get pushed back..

I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.

I hace passed this stage.. now its for you all to decide..

Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

If it doesn't suit me it's injustice.

jindhal
09-24-2010, 06:11 PM
I refuse to even comment on that analogy. :rolleyes:

cat got your tongue ?

jindhal
09-24-2010, 06:13 PM
Great analogy... Please send it to USCIS and lawmakers. I am sure they will listen to you. :D

what you are hoping for is a change in law which one cares about because it is absurd.

Atleast we agree on one point that the law is absurd.

acecupid
09-24-2010, 06:22 PM
Atleast we agree on one point that the law is absurd.

:eek: what is absurd is your thought process! :eek:


Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D

acecupid
09-24-2010, 06:31 PM
A person has been with a company for 10 years as a Test Lead and is promoted to a position of a manager and the Lead expects that on the first day of being a manager he wants all the rights and benefits of being a manager for 10 years even though he has been a lead for all of those 10 years.

In your analogy you are forgetting the company (USCIS) still promoted that Test Lead to Manager even though he wants all those benefits from the very first day(INA law).

In other words it is a law per USCIS! So stop cribbing because it doesnt suit you.

Sachin_Stock
09-24-2010, 06:36 PM
cat got your tongue ?

Its an absurd analogy. If I stress it too much and try to derive some sense out of it, my bar on GMAT prep would actually go down south!

Sachin_Stock
09-24-2010, 06:43 PM
Atleast we agree on one point that the law is absurd.

Nope. Vast majority including EB-2s do not disagree with porting, even though they might not be very vocal about it.

saketkapur
09-24-2010, 07:34 PM
Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....

As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)

Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D

seahawks
09-24-2010, 07:40 PM
I am intrigued by the spirited discussions we have between different categories. Most of the discussions revolves around what is best for "me" which is justified to some extent. Why don't we take a step back and ask this question, what is it that all of our trying to achieve. If the intent is to make sure I get my green card before the other person can, we shouldn't be even thinking about working together and call ourselves a community. We are just wasting our time having discussions and trying to compete among each other. No one initiative will gather steam if that becomes our intent and goal.

In my mind, we have to think of every one of us as one. Yes, there should be classifications, yes there should be qualifications, years of experience, all that in place. However I believe everyone in this community is "qualified" enough to get a green card in a "reasonable" amount of time.

Can we all work together and make that happen? Can we as a group start believing this and supporting IV?

I BELIEVE WE CAN!

pallavan
09-24-2010, 08:10 PM
:eek: what is absurd is your thought process! :eek:


Stay in line buddy, your system abuse propaganda is only going to bite you back. Dont forget you are in the same category :D

I am moderately amused by your usage of the phrase "Stay in line" :)

The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.

There, does that explain it in your own terms ?

acecupid
09-24-2010, 09:59 PM
I am moderately amused by your usage of the phrase "Stay in line" :)

The ones who are not staying in line and cutting ahead are the EB3 folks who are porting to EB2 ! Their line is the EB3 line. But they want to cut into the EB2 line whenever convenient. Atleast thats how most EB2 (and EB3) folks perceive the PD porting process.

There, does that explain it in your own terms ?

In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.

So "Stay in line" :D

prakashv44
09-24-2010, 11:58 PM
"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.


Mr.Sharma,

Better do not write and waste someone time. Probably you may loose your GC too if you are not united.

Try to support EB's, not EB2 or EB3. People wait for 10years to get the GC in EB3, They are well qualified and Experienced.

jindhal
09-25-2010, 12:42 AM
Guys this year's party is pretty much over :rolleyes:....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....

As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...;)

Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most) :D

I agree..

pallavan
09-25-2010, 11:01 AM
In my own terms, there is only one line defined by the priority date. So you can amuse yourself all you want. Its not gonna change the law.

So "Stay in line" :D

Dream ON ...! No Law is immutable buddy ;)

ronhira
09-25-2010, 01:00 PM
Dream ON ...! No Law is immutable buddy ;)

& who'll change it....pu55ies like u?

vkrishn
09-25-2010, 01:21 PM
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

If it doesn't suit me it's injustice.

"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "

Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.

Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.

Sachin_Stock
09-25-2010, 01:34 PM
Here's what the law says:

8 CFR 204.5(e) relating to PD transfer between eb categories

(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

I hope that clears the air.

acecupid
09-25-2010, 04:58 PM
Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)

YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)

ronhira
09-25-2010, 09:48 PM
Saw an interesting video on youtube the other day. The first thing that came to mind was the EB2-EB3 fights. If only we can fight together rather than each other ! ;)

YouTube - Every Indian must see this Video (http://www.youtube.com/watch?v=dc4UltkRJsw)

& this'll be the result

Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

eastindia
09-25-2010, 10:19 PM
& this'll be the result

Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/1/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)

Games Village: A picture of filth and embarassment (http://cwg.ndtv.com/commonwealth/photodetail/page/2/id/8246/Games-Village-A-picture-of-filth-and-embarassment.html)
I am enraged.

We Indians deserve to be waiting forever without Greencard.

This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.

xyzgc
09-25-2010, 11:50 PM
I am enraged.

We Indians deserve to be waiting forever without Greencard.

This is why EB3 Indiots will be waiting forever for their greencard. We Indians come to USA and still behave like the pictures in these links. We throw sh** on the forum and criticize each other. As long as Indians fight with each no bill will ever come. Indiots are to be blamed for waiting forever. Do not blame Amercia. We brought dirt from India and still live in it on this forum. Its pathetic.

So EB3 indians are idiots?:D

IndiaBULL
09-26-2010, 02:11 AM
shall IV begin to do something which is achievable, like earlier 485 submission and quarterly spill over?



I agree..


Quote:
Originally Posted by saketkapur View Post
Guys this year's party is pretty much over ....whts the point debating something whether right or wrong which pretty much nobody can do anything about except went frustration from whichever side of the isle one sits on.....

As per Mr C.O. of USCIS I guess they have sent out the party invitation for the year so I guess there is no point sniping at each other. New inivitations will start from July next yr...

Take a chill pill guys....its a weekend.....get a beer....enjoy life( beleive me GC or no GC these days will not come by:make the most)
I agree..

ronhira
09-26-2010, 08:44 AM
So EB3 indians are idiots?:D

so are we..... everyone in eb2...... we r all the same.....

h1techSlave
09-26-2010, 09:08 AM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.

Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

greyhair
09-26-2010, 10:39 AM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.

Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

Most of us are analyst by profession. Maybe that is one of the reasons most of us are always engaged in analysis and optimization of the system, to suit our own individual application. All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up. Every person is at a different stage so most of the people are always fighting with each other.

This is some thing we should work on.

Who should work on this? "WE". You created action item for whom? Who is "WE"?

pallavan
09-26-2010, 11:29 AM
& who'll change it....pu55ies like u?

Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)

BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.

Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.

ronhira
09-26-2010, 02:21 PM
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)

BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.

Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.

i'm as much high skilled as u'r...... perhaps u did not notice that we are in the same category..... on which u'r hanging on.....

this guy is correct.....
All of us believe that the system which suits our individual application is the best system. Anything that doesn't work for us is just screwed-up.
this explains y porting pd is a silly concept to you.....

i'm in eb2 & my application is pending..... i don't think porting pd is silly just becoz a few others in eb2 think it is silly..... perhaps i know how to use my brain to form my own opinion rather than subscribing to the majority opinion of the category in which i applied for gc..... porting pd makes sense..... & it will not change..... till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....

pallavan
09-27-2010, 12:36 AM
i'm as much high skilled as u'r...... <snip> till u don't get change to porting pd system..... i reserve the right to correctly call u a pu5sy..... get over it....

Took it too personally huh ? Gosh, I must be getting Reeeally Good at this :cool: Haa Haa Haaa ...!

Your rage was cute for a while. Now STFU and get back to the sorry existence you call your life. Luser night is over :D :D :D

desigirl
09-27-2010, 09:26 AM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.

We got the year..how about the month and day on which to port to eb2?;)

xela
09-27-2010, 09:57 AM
So yes I have a masters and my old company forced me into EB3. If it would have been just that easy that there was 150000 new jobs out there where i could have gone and filed under EB2 I would have. But guess what for most of us it was/is not, especially now. I do not know anyhting about the so called top companies you mention or the Desi ones. I am no computer science major, and I am sure not all of us here are. So please before you make it sound like it is so simple cus it's America, live a few days in someone elses shoes first and then talk. I dont go around and say hey well why didnt you get born in another country... we all are in our own shoes, and understanding someone elses will broaden your horizon and make you less likely to judge people, so try it :-)

This new comapny would have done EB2 if I would have started with them, however i am EB3 row june 2005 and I am hoping my date comes up soon because to be honest i dont have any more money to spend on it all after 10 years. I could buy a new car for what I already spent on it.

Either way good luck everyone I hope we can all work in peace together instead against eachother!

"Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "

Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.

Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.

acecupid
09-27-2010, 10:10 AM
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.

Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.

Look whose talking !:rolleyes: we can see who is fretting and whining.:D I'm telling you what the law states. :cool:What you are saying is wishful thinking........ So wake up from your dream...

acecupid
09-27-2010, 10:11 AM
We got the year..how about the month and day on which to port to eb2?;)

Maybe consider hours, minutes and seconds too... ? :confused: lol

SGP
09-27-2010, 10:45 AM
saw an interesting video on youtube the other day. The first thing that came to mind was the eb2-eb3 fights. If only we can fight together rather than each other ! ;)

youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)

mach1343
09-27-2010, 01:08 PM
I totally agree on EB3 to EB2 porting but the PD should be the day he qualified as EB2 not the original date of EB3 which makes sense.

This way everyone is happy.

People who have done Masters (EB2) should get the GCs first. :) ...Relax dont give me a red for this. I already had enough.

Chill out

manishs7
09-27-2010, 01:32 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.

Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..

eastindia
09-27-2010, 01:50 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.

Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

Have you contacted anyone about your ideas? Allowing everyone to port from EB3 to EB2 will solve a lot of problems that America faces today. Except Global warming of course.:D

kondur_007
09-27-2010, 02:40 PM
Sorry for my French guys...I generally dont like to use bad words, but this Charles Oppenheim boils my blood...

Look at all his previous statements...I dont know under what kind of influence he makes his statements...

He has BSed us in the past (look at his prior statement that he made in VEGAS) ....

Now he is BSing us again....

And we take his words seriously and start another set of arguments....

God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.

jindhal
09-27-2010, 05:39 PM
Sorry for my French guys...I generally dont like to use bad words, but this Charles Oppenheim boils my blood...

Look at all his previous statements...I dont know under what kind of influence he makes his statements...

He has BSed us in the past (look at his prior statement that he made in VEGAS) ....

Now he is BSing us again....

And we take his words seriously and start another set of arguments....

God bless every one; I need to calm down now. If possible please ignore this Oppehemi guy; he is just another joker.

CO's words have been mostly pessimistic..and upsetting so far...

belmontboy
09-27-2010, 05:42 PM
CO's words have been mostly pessimistic..and upsetting so far...

It's the reality.

i4u
09-28-2010, 09:39 AM
CO's words have been mostly pessimistic..and upsetting so far...

This is nothing new!

eastindia
01-14-2011, 10:58 AM
Has anyone been checking all the predictions if they are now true after 4 months?