msadiqali
09-14 04:13 PM
what is EVL?
I also got an RFE asking for my employer letter. I moved to IL from CA.
I got the letter from employer and submitted to USCIS... waiting for answer..
I also got an RFE asking for my employer letter. I moved to IL from CA.
I got the letter from employer and submitted to USCIS... waiting for answer..
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sriwaitingforgc
09-10 02:25 PM
They went at EST and back at PST:D
Good one :-)
Good one :-)
Keeme
10-20 06:07 PM
["We're continuing to have conversations with members of Congress, and we're open to ideas that they would put forward ... that would stimulate the economy and help us pull out of this downturn faster," White House press secretary Dana Perino said around noon Monday, shortly after Bernanke endorsed the need for a fresh and "significant" round of government action.]
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
If you want to sell your 'ideas', get her e-mail address and start sending e-mails to her.
Also we can start sending e-mails to Federal Reserve Chairman Ben Bernanke.
They have resources to put ideas to congress members and Congress members would listen them. Sending some 20-25 e-mails to them won't stop us doing what you guys are planning to do.
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ChainReaction
12-12 12:57 PM
Guys I have a basic question if filing for 140 and 485 concurently is rule that uscis can change.. why cant they change a rule to file for EAD and AP after 140 is approved. Since these two are seperate all together from 485 anyway, all we need is filing these two. and 485 can filed when numbers are available.
And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?
And also if the FBI name check can be done during or after the i-140 stage as the labor market is already tested and the employer has/had committed to hire the alien (One of the major factor contributing to this is the retrogression ,which can be reduced substantially at the name check stage) . At least the name check can be taken care of while people are waiting for their PD to become current?
more...
uma001
08-02 08:40 PM
Mayhemt,
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
Please dont talk without knowing the truth.
I joined the company only for green card, I was a consultant for them before I became full time. They told me this 'We will sponsor green card, will you become full time' I said if you do green card I will join. But they did not keep their promise. Thatis give and take. They already gained from their investment, Thats y they dont want to sponsor anymore. They do green card for what we do for 6 years not for sticking with them for 20+ years.
if I was in my company shoes , I would not take the documents, drag for 2.5 years and say 'We found candidates' . I would have either said in 6 months sorry we cant do or file green card.One need to have honesty. If I am that smart likemy employer I would ve started a company already and firing H1 guys left n right
Although they promise a lot of things on paper, we generally skip reading the fine print. Fine print generally would include this clause (language will be a bit different)...
"Although these are our policies, these might change at any time, with or without written notice".
End of story to all 'You promised me gold in your agreement' arguments.
Practically speaking, if you think from a company's perspective also, I don't blame them. Would you (Mr OP sir) be willing to invest in something that you are not sure that you will get profit from it? Like, you give me 100$, I may give it back+10%interest or may not give it back. If I want to give it back, I may give it back in 2yrs or even 30yrs, 100 yrs its upto me, depending on some citing of random comet I choose.
Same thing in company's point of view, if they invest in endless lawyer fees, filing fees, humongous paperwork and easily these days GC process take 5-35 years and during/after this time, What is the guarantee that you will still stick with the company - after all this investment of time & money? Companies need visible & predictable ROIs.
It is the age of cost cutting. If you don't like it, just quit it & start a company on your own and show them how to run it by sponsoring GCs left & right.
It is an unfortunate truth we all need to get accustomed to live with.
I guess it is in our Indian blood to expect freebies/extra perks from government, from employers (being socialist, a bit communist country and what not), and we forget it is the FREE MARKET that rules here. If your skills are in high demand, they will make you the king. If supply is high for your skills, they will go for someone cheaper..
desi chala usa
09-18 02:32 PM
Reading the posts about the economy has just shown me how ignorant many of the IV members are.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
Please do not forget during 2001 - 2002 how many H1b friends packed and run away......Please think in terms of H1b people.....245(i) is saving you only up to 180 days.....if the person is crossing 180 days means he is all set for next 10 years to come back to U.S.A.
The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.
While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.
No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.
There is no need to panic, pack and run.
Let the economy go through it's colon flush.
Please do not forget during 2001 - 2002 how many H1b friends packed and run away......Please think in terms of H1b people.....245(i) is saving you only up to 180 days.....if the person is crossing 180 days means he is all set for next 10 years to come back to U.S.A.
more...
mpelland
02-14 08:15 AM
sounds good to me. There are lots of things that you can do with a subway. Does it have to be realistic? If not then you can make it look like what you think a subway station should look like (futuristic, older, or just different). A lot of different skills are needed, lighting, texturing, space perception, etc. This should be fun!
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flowershark
08-31 09:24 PM
There's a new site www.jobvendorreview.com that offers a variety of functions to rate and review desi consultants.
more...
jsb
03-09 12:27 PM
This is horrible. Does not make much sense.
No significant, if any, movement, even though it is supposed be a new quarter?
No significant, if any, movement, even though it is supposed be a new quarter?
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hpandey
01-18 12:34 PM
What a stupid law. I have seen my couple of friends in the same situation too near the Canadian border where they were asked for their passports and they did not have them ( of course not !! ) . They were travelling to Vermont and never crossed the border .
But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .
This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...
But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .
This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...
more...
pd_recapturing
03-07 08:09 PM
Okay. Even if we send the AC21 letter to USCIS, whats the guarantee that they will take action or even read it. AC21 letter is not going to be a paid service and USCIS will treat this letter as any other letter like interfile letters. I am not sure whether USCIS has any specific PO Box for AC21 services. In my knowledge, there is none. I had sent my interfiling letter in early Oct 07 and there is no information from USCIS on this. Today, I went to meet an IO thru Infopass, the first layer of service lady was so rude that she did not even allow me to meet the actual IO. She said that this kind of information does not come on computer so IO would not be helpful. She was not at all listening to me. My point is can one make sure that his/her AC21 letter has been accepted and acted upon. If not, is there any need to send the AC21 letter?
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delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
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inskrish
08-16 12:59 AM
September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
Sorry, you are late to the party.:)
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
Sorry, you are late to the party.:)
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newuser
04-20 08:41 PM
Anyone from West Coast?
more...
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485Mbe4001
07-11 02:49 PM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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thepaew
05-12 03:20 PM
Hi
I do not know your particular situation, but I know something about MBA programs. There are some things that you need to keep in mind. An MBA degree is not a silver bullet. It comes with a huge opportunity cost. But, let us assume that you have done your research and have arrived at the conclusion that an MBA education is the best option to further your career.
1. A lot of value from the MBA degree comes from networking and group-work. I do not know how the online programs handle this. But at my company, we would not consider someone with an online degree for most MBA-level openings.
2.There are excellent part-time options available.
3. If cost is a major issue, you can evaluate the local state universities in your area.
I wish you the best of luck. Feel free to reach out to me via PM if you want more advice.
BR
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
I do not know your particular situation, but I know something about MBA programs. There are some things that you need to keep in mind. An MBA degree is not a silver bullet. It comes with a huge opportunity cost. But, let us assume that you have done your research and have arrived at the conclusion that an MBA education is the best option to further your career.
1. A lot of value from the MBA degree comes from networking and group-work. I do not know how the online programs handle this. But at my company, we would not consider someone with an online degree for most MBA-level openings.
2.There are excellent part-time options available.
3. If cost is a major issue, you can evaluate the local state universities in your area.
I wish you the best of luck. Feel free to reach out to me via PM if you want more advice.
BR
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
more...
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hmehta
07-16 05:20 PM
Oh, what a lie!!!!!.....As a matter of fact, H1-B's pay the highest amount of Tax. H1-B's are the ones who may potentially NOT benefit from the Social Security Taxes they are paying right now but are still paying it - so in that reference they are actually feeding the so called baby boomers right now.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
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pani_6
01-16 05:14 PM
Its like a mirroe image for many of us..The point it dont sell your soul for GC..its not worth it..there are other things important in life like family and parents and health..plan well..
In Continuation from above post...
8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.
8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.
9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.
9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.
12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_
1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.
I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)
I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.
And tomorrow the day starts again with a snooze ahwwwww�
In Continuation from above post...
8:00Am: the last half an hour I was just glaring at my pc & just thinking & not doing any work, I cancelled a vendor meeting at 8:00 as it wasn�t that imp anyway & who know by 9:00 what is gonna happen. Slowly I could see more people coming into office. Each team is slowly gathering in groups & started whispering amongst themselves on what was going on. I could see tension & worry in almost every ones eyes.
8:15Am: by now I have atleast 15 instant message conversations going on (used internally within office network) with all my friends in other depts. & other offices & every where it is the same commotion. The responses are one liner.. hey, this guy X is out. & responses were like oh no he was such great guy, so this ping pong of instant messages was constantly going across several employees & every minute we hear atleast 2 known persons out of the building. If I could put it in simple way, if I am chatting with some guys & suddenly if that guy stops responding, then it is imperative that he is no longer an employee & it is that bad.
9:00Am: By now the things were moving more quickly & more rapidly & more people out of building. I don�t know what was the package offered while laying off & I wasn�t even interested to think about it. Every time any manager walks by me or my aisle , my heart stops for few seconds & thinking not me please. I could not take it anymore , it�s been two hours & not knowing if & when will your turn come is really killing. I called my wife & informed about whats going & told her that if I come to house today by noon or early than regular, then it�s over as I have to handover the office crackberry & I don�t carry my personal cell. Don�t know what my wife was going on since then. & she started calling me every 10 min checking to see if I answer.
9Am-12 PM: This has been going on from past 5 hours & yes I was still not called & someone said that after 12, they are going to stop & it�s over. Every hour passing by I was getting relieved & looking at the watch constantly did not help but it was relief though to hear that it�s going to end at 12.
PS: the above 3 hours felt like 3 years. It�s tough to put it in writing what I was going through inside during this period.
12PM: Bit relieved & then the commotion stopped & I could see the managers are relieved. Then someone came by & floated another rumour that it is over for today & they are going to do another round tomorrow & I wanted to scream so loud @$^&(^$#%&*(*^^%&*()))_
1PM: The remaining employees were called upon by their managers & informed that it is over & no more & not even tomorrow or day after . At least we know for few months for sure. What a relief. The first thing I called my wife & told her. For GC holders I don�t know how you guys felt when you received your GC, I felt at that moment I got my citizenship.
The whole point of explaining my story in detail is this could happen to anyone, & may happen again to me. So prepare for the worst & prioritize the things which are most important, children health, education, money, parents, etc. Things may look rosy now but from what I have learned in past 9 years living here is �If becoming a millionaire from a slumdog is possible in usa then it is also possible that you can be slumdog from millionaire in no time� I can give you many examples but if you want to try it out yourself, then try to live in this country without car insurance & health insurance for one month.
I got my priorities set now & believe me getting a GC has become my last priority & if you are curious on what was the priority before it was last but one because I had so many imp things to worry than GC. But at the same time I also want to say without a GC & not knowing when & if I will get it is always bothering me somewhere deep inside ( May be this is what I meant by do you have peace of mind?)
I currently have script in progress & very soon I am planning to make a documentary on immigrant�s struggle in US .provided I have a continuous job & enough savings & funding and that day I will have a real �peace of mind�.
And tomorrow the day starts again with a snooze ahwwwww�
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vin13
11-10 11:07 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual �per-country� limit. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
bala50
12-20 06:02 PM
I was under the impression that 10 - 15 days gap or 1 month gap can be justified as vacation or sick leave as long as "employer - employee " relations exists (not terminated by the employer). One whole year cannot be justified under this.
desi3933
03-11 11:12 AM
See here this guy is also saying the same thing what my lawyer has predicted.
http://immigration-information.com/forums/showthread.php?p=28881#post28881
This is what Ron has said (link provided by you)
--------
I am just speculating, but it appears that the CIS has decided to concentrate on EB3 AOS cases and is trying to use up as much of the quota as possible there. At the same time, the State Department is slowly advancing the China/India EB2 cutoff dates to try to use up numbers there.
-------------
Two things -
2. EB3 are being approved so use to use all available quota for EB3
2. How slowly advancing for eb2 means current to you?
http://immigration-information.com/forums/showthread.php?p=28881#post28881
This is what Ron has said (link provided by you)
--------
I am just speculating, but it appears that the CIS has decided to concentrate on EB3 AOS cases and is trying to use up as much of the quota as possible there. At the same time, the State Department is slowly advancing the China/India EB2 cutoff dates to try to use up numbers there.
-------------
Two things -
2. EB3 are being approved so use to use all available quota for EB3
2. How slowly advancing for eb2 means current to you?
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