bigboy007
06-10 08:43 PM
I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
Guys,
Don't fire up on my comments given below.
I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D
Guys, we still have options but US of A has too much at stake to make this text into a law.
Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.
bhattji
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
Guys,
Don't fire up on my comments given below.
I agree that ALL of us irrespective of EB category will be impacted if this proposed bill becomes a law.
Just step back and think for a minute, what is the impact on the US companies due to inability of his bright workers to continue working in US? Will US businesses sit tight without raising any concerns? No way...
This is just an eyewash to get political mileage. No matter what degree of love-hate relationship exists between voters and politicians. Certainly, political power cannot, and never will, have a brazen bill such as this, that will hurt American economy more than anything.
Let's assume for a moment that hypothetically this becomes law...
What will we do? Some of common options:
- Move to immigrant friendly country, OR
- Return to mother land, OR
- Company will move its operation, and you, to continue its operations, OR
- look at alternate legal ways to stay in this country until situation changes, OR
- Become undocumented alien :D
Guys, we still have options but US of A has too much at stake to make this text into a law.
Please don't get me wrong, I am in the same boat as all of you. It's just my 2 cents.
bhattji
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qesehmk
02-11 07:31 PM
So, according to you, what happens when no action is taken for assigned visa number?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
What matters is number of visas used. Have you looked at the numbers?
I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...
Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.
Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?
BharatPremi
07-10 12:24 AM
That really makes Sense, I believe USCIS/DOS are smart agencies, and wont do those kind of silly mistakes.. No. all above numbers already includes CPs.. CP is not GOD sent different pious product :)
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shiankuraaf
04-10 10:07 PM
Employment-based immigrants visa issued in last 10 Years from 1998 to 2007
----------------------------------------------------------------------------------------------------------
Year 1998----1999----2000-----2001------2002-----2003----2004-----2005-----2006-----2007
-----------------------------------------------------------------------------------------------------------
Quota 140,000-140,000-140,000--140,000--140,000--140,000-140,000--140,000--140,000--140,000
----------------------------------------------------------------------------------------------------------
Issued 77,413--56,678--106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
----------------------------------------------------------------------------------------------------------
Unused 62,587--83,322---33,358----------------------58,273-------------------------------------------------- 237,540
----------------------------------------------------------------------------------------------------------
Excess -------------------------------38,702---33,814------------15,330--106,877---19,,081--22,176 ----- 235,980
-----------------------------------------------------------------------------------------------------------
Note:
-------
The number of unused employment visa numbers from the previous fiscal year is computed by
determining the difference between 1) the worldwide level of employment-based visas established
for the previous fiscal year and 2) the number of employment-based visas actually issued during the
previous fiscal year.
Source for the statistics:
http://www.dhs.gov/ximgtn/statistics/publicatio...
----------------------------------------------------------------------------------------------------------
Year 1998----1999----2000-----2001------2002-----2003----2004-----2005-----2006-----2007
-----------------------------------------------------------------------------------------------------------
Quota 140,000-140,000-140,000--140,000--140,000--140,000-140,000--140,000--140,000--140,000
----------------------------------------------------------------------------------------------------------
Issued 77,413--56,678--106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
----------------------------------------------------------------------------------------------------------
Unused 62,587--83,322---33,358----------------------58,273-------------------------------------------------- 237,540
----------------------------------------------------------------------------------------------------------
Excess -------------------------------38,702---33,814------------15,330--106,877---19,,081--22,176 ----- 235,980
-----------------------------------------------------------------------------------------------------------
Note:
-------
The number of unused employment visa numbers from the previous fiscal year is computed by
determining the difference between 1) the worldwide level of employment-based visas established
for the previous fiscal year and 2) the number of employment-based visas actually issued during the
previous fiscal year.
Source for the statistics:
http://www.dhs.gov/ximgtn/statistics/publicatio...
more...
Zil
09-28 03:20 AM
I have 2 European co-workers. They both told me, "The only way we will go back to Europe is when we die".
Which European countries are they from? Their opinion can be relevant in this context if they are from a rich EU country, but less convincing if they are from Albania, for example.
Which European countries are they from? Their opinion can be relevant in this context if they are from a rich EU country, but less convincing if they are from Albania, for example.
logiclife
08-03 02:30 PM
Copying from the reply I posted here:
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
http://immigrationvoice.org/forum/showthread.php?p=133404#post133404
I consulted a high profile ($200 per 15 minutes) lawyer to discuss this issue. 1) He told me that he would re-submit the AOS. The comparison to the medical clearance requirement, according to him, was pointless, as they are two different things. If USCIS issues a statement they will not reject solely based on the EVL, then we can assume that is the truth. Their statement on Medical clearance cannot be interpreted to say they won't reject on the basis of another missing requirement, say the EVL.
2) Filing two AOS packets can indeed also cause confusion, but it is a smaller risk according to him, and should be mitigated by a covering letter that says you are re-submitting to provide the XYZ document that was missed from the first packet.
Based on this info, I have asked my lawyer to get a confirmation from the USCIS on the document that he missed in my case-- the EVL. If USCIS okays that, we do not resubmit. If they don't do that within a week, I will try to re-submit... not going to be easy considering my lawyer may not be in agreement... but that is what would be the correct way out of this, according to the second opinion I got today.
Thanks
If you are resubmmitting or planning to resubmit, one tip...you need medical originals again, so call your doctor and ask him to create new sealed envelopes with original I-693...do this ahead of time coz this is only thing not in your control when filing a second 485. I am sure you might have thought about this, but just in case if you havent, then remember you will need I-693 original with your and doctor's signature with other stuff in sealed envelopes again.
Wish you all the luck Abhijit.
more...
abhijitp
07-25 12:43 PM
I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
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pappu
02-03 10:01 AM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
more...
delhirocks
07-04 11:41 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. .
Good post Ramba
Good post Ramba
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sledge_hammer
07-01 03:42 PM
pappu and logiclife, you said you'll give us an update on the situation, we are waiting.
Thanks!
P.S: I don't mean to ask this question in a bad way!
Thanks!
P.S: I don't mean to ask this question in a bad way!
more...
quizzer
08-15 04:02 PM
In fact better than expected for EB2
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WeldonSprings
08-27 12:20 PM
Also, don't you think that 20000 CP numbers would be included in the monthly numbers or are the monthly numbers just AOS numbers?
There are few issues
You have missed 20k annual CP cases
The acceptance rate of I-485 application (big unknow) would change the number a lot.
July was a slow month but August was big mover so 11k visa is just too low for this period.
There are few issues
You have missed 20k annual CP cases
The acceptance rate of I-485 application (big unknow) would change the number a lot.
July was a slow month but August was big mover so 11k visa is just too low for this period.
more...
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a_yaja
07-09 04:47 PM
I hope this lawsuit fails. Looking ahead this lawsuit, if it succeeds might do us more damage than good. Law of unintended consequences states that something can happen we haven't thought of.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
Supposing, if lawsuit goes ahead and wins, one outcome might be - USCIS might start adhering to strict interpretation of 7% per country, or curtail spillovers drastically. Then we are in deep shit.
How can USCIS adher to 7% per country quota when AC21 explicitly says that if visas are still available after allotment to ROW, the remaining visas must spill over to the over subscribed countries?
As a result of failure of this lawsuite, if they start adhering to 7% cap, then they are in violation of AC21. That would be another lawsuite for sure.
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GreenLantern
02-15 08:30 AM
I want to see how you would go about doing it in a 3D program though.
more...
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gcbeku
08-10 03:35 PM
I think this is a brilliant idea and might even fly esp because it still preserves USCIS/DOS EB caste system while providin some relief to the EB3s.
While porting is still an option, it is in EB3 filers' interest to push forward on this idea.
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
While porting is still an option, it is in EB3 filers' interest to push forward on this idea.
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
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Dakota Newfie
07-03 12:20 PM
As I said, I expected to be "attacked" when I submitted my posts which only proves my point since the attacks are only coming from a "select group"; remember, the more you criticize my opions, the more you prove I'm right!
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
That being said, since I am not a member of this "select group", Administrator please remove me from the list of IMMIGRATION VOICE members. Thank you and good bye.
more...
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furiouspride
08-10 03:25 PM
I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
Seriously guys, -ve reps for offering to help? Whats wrong with you?
Seriously guys, -ve reps for offering to help? Whats wrong with you?
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nixstor
04-23 02:30 PM
Are you one of the guys who considered going to France as you cannot go to school Full time?
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vkannan
06-08 06:46 PM
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
Maybe:
Last year USCIS/DOS did the spill over in Aug/Sep, before doing the spill over they did bring china and India Cut-off date to have the same date. yes your thought could be right, there are some visas which they are "Forecasting" would be available for spill over.....
Maybe Not:
Its Just a forecasting right(v all know how good USCIS/DOS are when it comes to forecasting...) they might very well be proven wrong ......and moving china EB2 to India EB2 does not going to affect them in any way.....
getgreensoon1
05-23 02:12 PM
All these years in US, getgreensoon1's expertise in IT ?
cntrl C and cntrl V !
That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
cntrl C and cntrl V !
That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
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