immique
07-18 11:45 PM
Spillover will occur from the first quarter itself this time. it has not happened in the last few years because, there were many applications from ROW(especially EB2 and EB3 ROW) coming from backlog centers and using up all the visa numbers as all the spillovers got passed on to EB3 bypassing EB2 retrogressed countries. this is exactly why EB2 was unavailable in February. now with the correct interpretation of the law and EB1 and EB2 ROW being current, the spillover will happen from Nov/dec of this year itself for 2009 quota. But I am not sure how quickly the dates move for Eb2 or how much spillover will happen. remember the visas allotted for a particular quarter will be used by the end of the quarter and I doubt if there will be much demand in EB1 and EB2 ROW that can use up all the visas for the quarter. this is why I think EB2 I and C will get spillover very early in the year and I don't think we will be waiting till the last quarter for this to happen
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
What makes you so sure the spillover can happen in the first quarter? Is there an example in the last 10 years? You may have forgot Feb. 2008 bulletin. If what you say is true, why it was U for EB2-I on Feb. 2008? No one in USCIS can take the responsibility if the spillover in first quarter causes EB2 RoW with cutoff date later, as they can't predict if there will be enough(or not) applicants to fullfill the quota. Therefore, spillover can only happen at 4th quarter. Unless if there's really mininum of usage, then it may start at 3rd quarter, but I don't think it will ever happen at 1st quarter.
Here is the Feb 2008 bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html
INDIA EMPLOYMENT SECOND PREFERENCE HAS BECOME �UNAVAILABLE�
Despite two retrogressions of the India Employment Second preference cut-off date, demand for numbers by CIS Offices for adjustment of status cases has remained extremely high in recent months. As a result the annual limit for the India Employment Second preference category has been reached, and the category has become �unavailable� effective immediately.
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jsb
06-04 01:20 PM
I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
syzygy
02-12 11:08 PM
The good reason is if USCIS was sued and something happened in our favor, the lawyers would lose us from their rugs.
Please all contact your lawyers and AILA why they have not filed a class action lawsuits yet for us?
I can't think of a good reason why they have not till now. We will know if class action lawsuit is a good idea or a bad idea.
Please all contact your lawyers and AILA why they have not filed a class action lawsuits yet for us?
I can't think of a good reason why they have not till now. We will know if class action lawsuit is a good idea or a bad idea.
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glus
03-17 10:33 AM
hi All,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.
Regards,
Can someone give me advice on this:
I have 4 yrs Bachelors + 6.5 yrs of IT exp. i am being offered a Pre- approved labor(EB3-PD-Nov.2003), which was filed for someone with a condition-Bachelors + 4 years exp., at the time of filing.
i graduated in June 2000, so i am about 1 year short for the 2003 PD. However i did some part time work during college in India and the lawyer says if i can get exp. letter from that company on a letter head, that should suffice.
i am concerned if that India exp. during graduation will work or not.
Has anyone faced a situation like this?
the (part time exp)company was very small, can this be risky? what do you guys think?
Thanks.
I am not sure if you cannot used experience gained before / during college. I think it all depends on the LC requirements. I know many people who used experience gained before gaining their degrees, and there were no issues. However, I do not know if their LCs specified "post-degree experience, or just experience." I would speak to another lawyer to see if he tells you the same story as your current lawyer. You could send this question to Susan Henner. She is the attorney giving us free advise. The the home page for information on how to send her a question.
Regards,
more...
CADude
02-13 01:15 AM
it's classic problem of supply demand and least resistance path.
USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.
Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.
So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.
USCIS provides 3K/each category Visa# per country. What ever USCIS will do you can't fit 200K application in 9K/annum visa#.
Last 3 years(since dec 2005) - EB3 India PD is beyond May 08 2001 only for three months and EB2 is enjoying the benefits of GC. Anyone noticed. NONE. So what happened, many EB3 choosen for convert to EB2 path. Now EB2 India is U so many guys degree with PhD, etc trying for EB1. It human nature and nothing wrong with it. Everyone wants GC ASAP.
So bottomline, Demand is very high compare to Supply. unless USCIS get significant visa# nothing will change.
PlainSpeak
01-13 03:16 PM
Calm down Girl. relax. atleast you called me your friend. freinds dont fight. just take it easy and relax. take a nap, you will feel better.
Sorry if i said some thing wrong.
Your friend
MC
Mr Michael chertoff - do you know what happens when you act fresh with a gal.
You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes
You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something
Please do not patronize me by asking me to take a nap.
Other than that you are one person on this forum who lets just say has my respect
Sorry if i said some thing wrong.
Your friend
MC
Mr Michael chertoff - do you know what happens when you act fresh with a gal.
You either get a slap or a kiss. I have not made up my mind about either way but you need to keep on your toes
You know i think i can see you as a friend (And no i donot need your support in becoming an EB3 representative gosh gc_dreams needsa smoke or coffe or something) and as a friend i will say something
Please do not patronize me by asking me to take a nap.
Other than that you are one person on this forum who lets just say has my respect
more...
Vishal2007
05-03 06:13 PM
Tamils are totally discriminated in our so called Home land, I support Prabhakaran to bring Elam that brings relief to Tamils in India, We denounced India long back,, 35 yrs back terrorist Bal Thackeray killed Tamils (for his cheap politics) in Mumbai, then Karnataka (they are incomparable with trash) . Just for every one to know, if you are Singhalese 40% is good for your start College, if not, you need 80% to continue for college.
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jsb
06-05 10:18 AM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
more...
Marphad
03-27 03:11 PM
Waiting for reply to learn this.
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Still waiting. Can someone volunteer to teach me how to edit poll options after created?
Ek Student Gyan ki bhiksha maang raha hai bachcha.
Still waiting. Can someone volunteer to teach me how to edit poll options after created?
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mpadapa
07-21 09:45 PM
vdlrao, Thanks for the great analysis.
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
I am using DOS visa statistics and I arrived at EB quota numbers for 2008 as 162,707. There were 22,707 unused FB visa's in 2007 based on the DOS visa statistics @ http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Typically the actual EB quota for the FY is revised in the September bulletin. I am not sure if DOS has already taken into account the new EB quota number for the Aug bulletin. If they hadn't taken into account the new quota number then we should see some forward movement in the Sep bulletin.
However the 28,795 AC-21 recaptured visa's U are talking about has already been used in 2002, please take a look at the below mentioned link for details regarding the usage of those visa's.
http://travel.state.gov/pdf/FY2003%20AppD.pdf
All the AC-21 recaptured visa's has been used by now.
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
more...
Lasantha
10-17 10:12 AM
Hello everyone,
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
Those of you who had gone thru this process may be able to help me. My 7 year old daughter is a US citizen. If my family applies for Canadian PR, do I have to apply for PR for her also?. I have heard that US citizens do not need any permission to live in Canada. Any insight is appreciated.
Thanks
alexander
Not true. She must be included in the application. US citizens can enter Canada without a visa as a visitor. But to become a PR and live and work up there they need the landed immigrant status (PR) just like everybody else.
And by the way, here is a great forum exclusively for Canadian immigration matters. http://britishexpats.com/forum/forumdisplay.php?f=33
You guys will get better help in that forum because this one (ImmigrationVoice) is primarily a US immigration forum.
Lasantha
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alisa
06-27 09:58 PM
Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.
I agree. Its just one headache after another.
But why July 2nd?
If they really want to, they can 'U' the entire July.
There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.
USCIS is the king of the jungle here.
But if they do this, this will be cruelest joke on thousands of people.
I agree. Its just one headache after another.
But why July 2nd?
If they really want to, they can 'U' the entire July.
There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.
USCIS is the king of the jungle here.
But if they do this, this will be cruelest joke on thousands of people.
more...
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vbkris77
01-14 06:37 PM
1. Visa recapture gives 500K visas to EB in total, or about 143K visas on top of 40K visas. So for that year there will be enough to clear the entire existing backlog. Also there will be another 140K visas coming from EB1, another 140k from EB2 will drip down to EB3. So if you count again, it is very beneficial to go after 500K visas than 50K visas.
2. This DV bill will not see the day of life.. It is dead on arrival.. There is a reason for DV visas and that reason still exists..
3. IV Core is more involved than we all know.. So I guess throwing mud at them is not fair anytime.. It is not possible to inform every thing to everybody always.. That will remain a fact going forward..
I totally agree with your point about abuse, I faced it myself while leading some earlier threads.. So either those who are leading the thread need to get over it or stop posting in public forum.. Even IV Core is no exception to issue.. But in this country every one has 1st amendment rights.. I don't think IV can stop it..
Coming to campaign ideas, IV Coordinator would always like to hear them.. So get in touch with. You can write to her @ ivcoordinator@gmail.com and talk to her..
Let me tell you one point, if we can't get the government recapture what was wasted by their own delays in processing, we can't do anything else.. Leaving some right wing nuts, everyone else supports this bill.. DV bill has lot of opposition.. So place your bets accordingly..
You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..
One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..
But I wouldn't hold my breath for that day...
To VBKris77
Now THATS what i call a solid arguing point and THATS what i call a discussion
VBKris77 - Please do not think that i am being patronising when i stated what i did above, but all my efforts and abuse taking till now were for this point of time and this reply to my inital post. Infact i was looking for someone to start something in this vein and had to wait till now. Now my faith in my fellow men has been justified (I know that was a bit melodramatic but hey after all the abuses i went through i think i can be just that bit wet in the eyes). You sir have hit the nail on the head. Now when i see your reply i got more questions. If you can clarify this for me i would appreciate it or If you know of any location on this forum where i can look see and get self educated that would be appreciated too
You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill
altering INA will also have recapture attached to it..
My point about DV visa to most badly retrograded apps was because they have been the ones who have waited the longest out here. Now if this was recapture or removing country quota i would feel that the regular allocation would be correct. Since this is a one off my peronal feeling was that we could direct the spillover to extra retrograded apps and get some relief there
My question are -
Would DV visa to Employment based in any form be considered as an immigration bill
- What is altering INA
- So if the DV bill be considered as an immigration bill the idea of IV is that if we can get this into a law the implementation of the 50 k visas will be in the same way as the implementation of recapture bill (So that would be all spill over to EB2 till EB2 is current and then to EB3- And please that was a question for clarification not a jibe as some of the people out here would make it to be).
One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
Ok to get this straight the money needs to be collected (Campaign is run) and the amount of 15 k be collected before IV will support the campaign. Just getting things in right perspective.
Tell me something please, would a campaign involve asking every one who comes in to IV forum for donations for the campaign. The reason i ask is because to run a campaign for this effort is a great idea and I have some thoughts on it but most importantly i would need the help of all the members EB2/EB3 (yes even the ones who abused me) because you guys have experience in it.
My opinion is that if we run a campaign it would have to be with a slogan that if and only if this bill gets passed the DV visas will fall to the badly retrogressed apps first. If we say that the regular recapture way wil be implemented then i think this campaign is a dead duck before even starting.
I have an idea which might or might not work but i feel that IV needs to start a disclaimer for any campaign which will state that this is the path to be taken (and of course stick with the path) and state that X % is the chance of success and that these specific situations have to occurr for any chance of the bill succeding, I mean like a flow chart and also specific tasks which have to be done by people willing to participate in the campaign. Now i do not know if you (And only you because you talk sense. If any body else want to comment with logic and way to improve they are welcome. Abusers wil be ignored) have got the sense of what i am saying but as a person who is looking at IV from the outside everything i have proposed above is based on certain hard facts which are formed as a result of my deductions by observing IV all these years
For a campaign
1. Please do not try and educate a person out here because when you do you gets very high handed. Provide them a tool (Flow charts and all i talked about before) and direct them to a location where they have access to the tool and let them form an opinion based on their self education. That way they will understand what are the 1000's of steps involved in this effort. This will lead to the fact that since the are self educated they know the risk and the percent of success or failure of the effort and when they participate they are fully aware of what are the stakes involved. This also gets to convert all the people out there (to the ones above) who are under the impression that giving money to IV will get the job done and when the job does not get done they start feeling that IV has cheated them and start making assumptions.
I know that part of what i said will look a lot like what IV was doing. Yes IV when it started was like that but somehow over the years it has become very intolerent and as some members have stated very abusive senior memebers which is very shocking. A personal effort by each and every member of IV to show civilized behaviour and make civilized conversation is a mandatory requirement. In fact (i know i wil get laughed at and ridiculed for this but) a post by each and every donor and senior member taking an oath that no matter what the provocation they will not abuse anyone on the forum will be the first step. This can also be part of new member sign up. And of course IV has the tool in hand to delete any thread they think is determental to their cause so no issues there but i would suggest making an extra effort to find out what the idea behind the person is before deleting the thread.
If and when this bill goes for voting on the floor, I think your valid point about giving these
immigrant visas to the oldest applicants first until current backlog is eliminated can be
considered as a viable amendment/feedback to lawmakers..
Ok now i am lost. What is the objective of the campaign
1. Add the provisions to the bill
OR
2. Make sure that the bill passes
Because they are both 2 different things and that brings me to my next point which is clarity of campaign (includingLetters to law makers/ donations etc). Calrity is very important here. There has been a kind of secrecy in IV which is cause of much pain and disturst. Of course i understand why the secrecy was put in first place. It must have been because of all the anti immigrants lurking around but when you think about it if the members are self educated (Like how i stated above) there is no need to inform any updates to them and hence there would be no need for secrecy. A donor forum will of
course continue as is because some things need to be discussed.
But I wouldn't hold my breath for that day...
Sir i never held my breath for this ever. Even though i am not part of IV i am aware of all the probability of success in such endevors
It was nice discussing the above with you.
2. This DV bill will not see the day of life.. It is dead on arrival.. There is a reason for DV visas and that reason still exists..
3. IV Core is more involved than we all know.. So I guess throwing mud at them is not fair anytime.. It is not possible to inform every thing to everybody always.. That will remain a fact going forward..
I totally agree with your point about abuse, I faced it myself while leading some earlier threads.. So either those who are leading the thread need to get over it or stop posting in public forum.. Even IV Core is no exception to issue.. But in this country every one has 1st amendment rights.. I don't think IV can stop it..
Coming to campaign ideas, IV Coordinator would always like to hear them.. So get in touch with. You can write to her @ ivcoordinator@gmail.com and talk to her..
Let me tell you one point, if we can't get the government recapture what was wasted by their own delays in processing, we can't do anything else.. Leaving some right wing nuts, everyone else supports this bill.. DV bill has lot of opposition.. So place your bets accordingly..
You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill altering INA will also have recapture attached to it..
One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
If and when this bill goes for voting on the floor, I think your valid point about giving these immigrant visas to the oldest applicants first until current backlog is eliminated can be considered as a viable amendment/feedback to lawmakers..
But I wouldn't hold my breath for that day...
To VBKris77
Now THATS what i call a solid arguing point and THATS what i call a discussion
VBKris77 - Please do not think that i am being patronising when i stated what i did above, but all my efforts and abuse taking till now were for this point of time and this reply to my inital post. Infact i was looking for someone to start something in this vein and had to wait till now. Now my faith in my fellow men has been justified (I know that was a bit melodramatic but hey after all the abuses i went through i think i can be just that bit wet in the eyes). You sir have hit the nail on the head. Now when i see your reply i got more questions. If you can clarify this for me i would appreciate it or If you know of any location on this forum where i can look see and get self educated that would be appreciated too
You have a valid point about the DV visa bil.. But you forgot one thing, Any immigration bill
altering INA will also have recapture attached to it..
My point about DV visa to most badly retrograded apps was because they have been the ones who have waited the longest out here. Now if this was recapture or removing country quota i would feel that the regular allocation would be correct. Since this is a one off my peronal feeling was that we could direct the spillover to extra retrograded apps and get some relief there
My question are -
Would DV visa to Employment based in any form be considered as an immigration bill
- What is altering INA
- So if the DV bill be considered as an immigration bill the idea of IV is that if we can get this into a law the implementation of the 50 k visas will be in the same way as the implementation of recapture bill (So that would be all spill over to EB2 till EB2 is current and then to EB3- And please that was a question for clarification not a jibe as some of the people out here would make it to be).
One more point it takes 15K to give a paper ad to say that IV supports this bill.. Do you want to run a campaign for this?? I will convince IV Core if you come even close to that $ number...
Ok to get this straight the money needs to be collected (Campaign is run) and the amount of 15 k be collected before IV will support the campaign. Just getting things in right perspective.
Tell me something please, would a campaign involve asking every one who comes in to IV forum for donations for the campaign. The reason i ask is because to run a campaign for this effort is a great idea and I have some thoughts on it but most importantly i would need the help of all the members EB2/EB3 (yes even the ones who abused me) because you guys have experience in it.
My opinion is that if we run a campaign it would have to be with a slogan that if and only if this bill gets passed the DV visas will fall to the badly retrogressed apps first. If we say that the regular recapture way wil be implemented then i think this campaign is a dead duck before even starting.
I have an idea which might or might not work but i feel that IV needs to start a disclaimer for any campaign which will state that this is the path to be taken (and of course stick with the path) and state that X % is the chance of success and that these specific situations have to occurr for any chance of the bill succeding, I mean like a flow chart and also specific tasks which have to be done by people willing to participate in the campaign. Now i do not know if you (And only you because you talk sense. If any body else want to comment with logic and way to improve they are welcome. Abusers wil be ignored) have got the sense of what i am saying but as a person who is looking at IV from the outside everything i have proposed above is based on certain hard facts which are formed as a result of my deductions by observing IV all these years
For a campaign
1. Please do not try and educate a person out here because when you do you gets very high handed. Provide them a tool (Flow charts and all i talked about before) and direct them to a location where they have access to the tool and let them form an opinion based on their self education. That way they will understand what are the 1000's of steps involved in this effort. This will lead to the fact that since the are self educated they know the risk and the percent of success or failure of the effort and when they participate they are fully aware of what are the stakes involved. This also gets to convert all the people out there (to the ones above) who are under the impression that giving money to IV will get the job done and when the job does not get done they start feeling that IV has cheated them and start making assumptions.
I know that part of what i said will look a lot like what IV was doing. Yes IV when it started was like that but somehow over the years it has become very intolerent and as some members have stated very abusive senior memebers which is very shocking. A personal effort by each and every member of IV to show civilized behaviour and make civilized conversation is a mandatory requirement. In fact (i know i wil get laughed at and ridiculed for this but) a post by each and every donor and senior member taking an oath that no matter what the provocation they will not abuse anyone on the forum will be the first step. This can also be part of new member sign up. And of course IV has the tool in hand to delete any thread they think is determental to their cause so no issues there but i would suggest making an extra effort to find out what the idea behind the person is before deleting the thread.
If and when this bill goes for voting on the floor, I think your valid point about giving these
immigrant visas to the oldest applicants first until current backlog is eliminated can be
considered as a viable amendment/feedback to lawmakers..
Ok now i am lost. What is the objective of the campaign
1. Add the provisions to the bill
OR
2. Make sure that the bill passes
Because they are both 2 different things and that brings me to my next point which is clarity of campaign (includingLetters to law makers/ donations etc). Calrity is very important here. There has been a kind of secrecy in IV which is cause of much pain and disturst. Of course i understand why the secrecy was put in first place. It must have been because of all the anti immigrants lurking around but when you think about it if the members are self educated (Like how i stated above) there is no need to inform any updates to them and hence there would be no need for secrecy. A donor forum will of
course continue as is because some things need to be discussed.
But I wouldn't hold my breath for that day...
Sir i never held my breath for this ever. Even though i am not part of IV i am aware of all the probability of success in such endevors
It was nice discussing the above with you.
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LC2002
03-19 09:23 PM
If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
more...
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sarath99
10-20 01:00 PM
Hi,
My sister is a citizen and she applied GC for my parents who are in India.She applied for I-130 in April and it was approved in 2 months.She now has to fill the form I-864 and is in the process of doing so.Meanwhile my parents would like to visit USA.They'll be coming in December and be staying for 6 mos.They have a 10 yr visa and visited us back in 2004.
My question is it ok for them to visit USA?I read that they might be denied entry becasue of their approved I-130.We do not want to apply AOS here and they will return in June 09.
Thanks for any advice.
My sister is a citizen and she applied GC for my parents who are in India.She applied for I-130 in April and it was approved in 2 months.She now has to fill the form I-864 and is in the process of doing so.Meanwhile my parents would like to visit USA.They'll be coming in December and be staying for 6 mos.They have a 10 yr visa and visited us back in 2004.
My question is it ok for them to visit USA?I read that they might be denied entry becasue of their approved I-130.We do not want to apply AOS here and they will return in June 09.
Thanks for any advice.
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snathan
01-19 01:27 PM
Yeah and I don't mind hiring your sister and mother too. After all I am EOE. You shut up and if you feel bad leave this profession. It's that simple. But don't be in state of denial. I just shown you the mirror. This reply pl don't read with humor.
From the moment this thread got created you are the only one constantly ourbursting against your ex-employer. You forgot that you are giving fodder to antis. If you read the entire thread, you are the only one talking out of context. Clam down and think how you can contibute possitively. You outburst is not going to help anyone including you.
From the moment this thread got created you are the only one constantly ourbursting against your ex-employer. You forgot that you are giving fodder to antis. If you read the entire thread, you are the only one talking out of context. Clam down and think how you can contibute possitively. You outburst is not going to help anyone including you.
more...
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unitednations
02-13 09:07 PM
I am following this discussion and it is interesting. Here is what I get so far.
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.
1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?
2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?
I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.
No; it is not in their discretion to suspend anything.
Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.
However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?
back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.
In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.
That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.
Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).
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zCool
03-14 11:09 AM
If you aren't going to be in US, even if you have an agent, there's is a risk that they might call you up for an interview you may not be able to go to.
If you are hard-up on info and don't want to go thro' headache, try one of the reputed ones.. stay away from WWICS..
For couple of thousand.. if you can get little help and good advise, it's not bad.. but most of these shops are akin to Desi consultants in USA. Lie, Cheat and make money .. that's the mission statement..
Apart from that.. process and forms are on the web. Tricky part is getting a job and living in Canada .. It's a honduras with worse looking people..
If you are hard-up on info and don't want to go thro' headache, try one of the reputed ones.. stay away from WWICS..
For couple of thousand.. if you can get little help and good advise, it's not bad.. but most of these shops are akin to Desi consultants in USA. Lie, Cheat and make money .. that's the mission statement..
Apart from that.. process and forms are on the web. Tricky part is getting a job and living in Canada .. It's a honduras with worse looking people..
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ugotdude
09-29 12:14 PM
I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
LostInGCProcess
08-18 09:43 PM
I usually just browse through these forums and I really appreciate the effort put in by the organizers. But this thread gave me an urge to respond and perhaps talk.
Don't ever be that Indian guy in the office. Be a smart global citizen.
Wow!!! Nice post. I like the last line you mentioned. :)
Don't ever be that Indian guy in the office. Be a smart global citizen.
Wow!!! Nice post. I like the last line you mentioned. :)
rockstart
02-12 12:50 PM
Does it mean that till Oct 08 bulletin there is no point to expect anything for India EB2?
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