CSPAvictim
07-09 07:17 PM
I'm not sure I totally understand what you said, but
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
a. The 27% limitation doesn't apply to the last quarter(July,August, Sept)
b. However, June falls in the third quarter for which the limitation DOES apply.
c.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
Like jonty_11 pointed out, Clause B states that numbers from previous months can be requested. Since it is a grey area, the USCIS may claim that in June (if they used up X number of visas) then (X-14,000) visas were balance numbers from previous months. And yet, it has to account for the 27% limitation for the third quarter.
It'll be interesting to see how USCIS explains itself in court.
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
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pd052009
03-21 11:24 AM
^^^^
GCVictim
06-11 08:04 AM
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jthomas
10-16 05:41 PM
I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
more...
retrohatao
02-08 04:28 PM
Description of the process:
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
When USCIS receives a 485 application immediately upon receipt of the application, requests FBI/Homeland
Security for security clearence. USCIS waits for the security clearance from FBI indefinitely till it
receives a reply. FBI after doing the security checks ( the process involves checking the name against
potential threats to US, background checks what not) provides USCIS with "YES/NO" answer. If the answer
is "YES" USCIS clears the case and if it is NO your case would be rejected.
After 9/11 the problem is that FBI is not clearing the cases. Applicants like me have been waiting more
than 2-4 years.FBI used to provide the status over phone/e-mail. Oflate they have decided not do any more.
It is just like a blackhole and no one is there for you to provide the status/answer queries.
Here is the thread one needs to look at if you would like to know more about the problem:
http://boards.immigration.com/showthread.php?t=174845
Solution:
1.Its an interagency issue. USCIS need to follow up at constant intervals.
2. FBI need to publish a monthly status report just like USCIS to give the time line of processing
of the cases.
3. There should be a definite time line for clearing the cases.
4. There should be a grievance addressing system for the cases delayed indefinitely.
Ultimately it is in the interest of the country. If you think someone is dangerous, you would
not want him/her to be in the country freely roaming on a EAD. Right?
I have asked the folks on the immigrationportal.com forum to generate more ideas. let us see if some one can add
more
GCScrewed
07-04 11:06 AM
Paskal,
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.
It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.
Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.
I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.
more...
bank_king2003
02-12 02:05 PM
Would you mind asking source/link for "another 13,000 shifted over"?
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
As per this link - family based numbers were totally used up for FY2008
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Family based visa used for FY2008 = 226,105 against 226,000 available.
I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?
______________________
Not a legal advice.
hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.
it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..
I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.
peace V
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signifer123
02-17 05:41 AM
kirupa.com
so!!!!!!!
none of them is free???
uhhh, look at the post in the very first part of the thread i set up this (%0Ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k
so!!!!!!!
none of them is free???
uhhh, look at the post in the very first part of the thread i set up this (%0Ahttp://www.gamedev.net/community/fo...topic_id=202348) link for a list of a bunch of 3d programs varying from free to over 5k
more...
we_can
12-27 12:43 PM
Posted classified on portland.ekNazar.com
http://portland.eknazar.com/ekClassifieds/product_desc.php?id=127180
http://portland.eknazar.com/ekClassifieds/product_desc.php?id=127180
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forever_waiting
02-16 04:03 PM
Completely understand.
On a related note, as pappu pointed out on another thread, it would be really nice if senior members, in general, who have got GCs in the past years continue to stay involved since their past advocacy experience is greatly valuable. Several such senior members have continued to stay involved but some have taken a back seat after "getting greened". Ideally, it should be the opposite - shouldnt getting a GC inspire us to be further involved in the process and get the issue resolved?
I see and agree with what you say. I sponsored myself the last 2 times I went for advocacy days but this time the situation is different - I've got my green card already and therefore finding it difficult to justify the expenses to my wife.
On a related note, as pappu pointed out on another thread, it would be really nice if senior members, in general, who have got GCs in the past years continue to stay involved since their past advocacy experience is greatly valuable. Several such senior members have continued to stay involved but some have taken a back seat after "getting greened". Ideally, it should be the opposite - shouldnt getting a GC inspire us to be further involved in the process and get the issue resolved?
I see and agree with what you say. I sponsored myself the last 2 times I went for advocacy days but this time the situation is different - I've got my green card already and therefore finding it difficult to justify the expenses to my wife.
more...
wandmaker
10-10 01:07 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
If verified, you would end up in eating ham burger.
If verified, you would end up in eating ham burger.
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grupak
02-15 05:33 PM
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Supporting a law based on eugenics is very sad indeed.
Supporting a law based on eugenics is very sad indeed.
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nixstor
07-05 03:00 PM
Why would this website suddently decide to convert to a paid website? There is a link right on the top requesting funds / contributions, right? People who have resources / are willing to contribute will do it. Look at the postings of the core members who actually started this website. Did they ever make a harsh statement regarding the site visitors who have not contributed? Personally I havn't seen one yet, have you? They are very diplomatic in their efforts and thats what makes them leaders. We dont want juveniles to start dictating regulations in this forum. Lets leave these decisions to mature people who have insight in their decisions, OK. Actions taken when you are emotionally disturbed will do nothing but harm you and the rest of us. This site is and should remain a non paid. I have contributed a small amount sofar, however have found a very pleasant and enjoyable community here at the IV. I know many have contributed much more than me. Please remember that this website / core group efforts all began probably as a selfless act by a group of youngsters to benefit our legal immigrant community. Let not our emotions guide us but let reason guide us in our decisions and the best approach would be to let the core group decide. Now if they decide sternly that this can be run only as long as all the visitors/beneficieries contribute then I dont know what to say. Contributions were all voluntary and should remain voluntary. Some of those who support a paid website seem to be VERY AGITATED. If you are agitated while spending money then think twice before contributing. Dont expect everybody to do do exactly what you do.
This is a perfect example of how an argument can be twisted and turned around. So you would prefer Pappu or 3 other members to have a funding drive for ever instead of having a constant flow of money? No one questioned the intentions of core members or people who started the website. They not only started this as a place where we can discuss issues, but also as a place where people in similar situations can come together as a community and contribute towards the cause. The contribution is both monetary and personal time. Both grass root efforts and lobbying will bring success. I personally, (who has been vocal on the thread) am not agitated that I am paying and xyz is not paying. People do not see a need to pay for IV because they are getting what they want. Every one on their heart of hearts know what kind of platform we have built here and without $$ it all means nothing. An hour before I spoke with a NPR news reporter and she asked me if I were calling on behalf of IV as soon as I explained the VB fiasco. Its our choice to support through contributions or to undermine the main agenda of the organization.
Do not try to sell the point that we will lose membership if we make it paid, atleast to me. As I said before, people have come over to IV when hell broke loose time over time. I do not see a reason why they would stop coming. We are highly skilled but not very well endowed financially. What can we do other than lamenting about our personal choice instead of coming together as a community?
This is a perfect example of how an argument can be twisted and turned around. So you would prefer Pappu or 3 other members to have a funding drive for ever instead of having a constant flow of money? No one questioned the intentions of core members or people who started the website. They not only started this as a place where we can discuss issues, but also as a place where people in similar situations can come together as a community and contribute towards the cause. The contribution is both monetary and personal time. Both grass root efforts and lobbying will bring success. I personally, (who has been vocal on the thread) am not agitated that I am paying and xyz is not paying. People do not see a need to pay for IV because they are getting what they want. Every one on their heart of hearts know what kind of platform we have built here and without $$ it all means nothing. An hour before I spoke with a NPR news reporter and she asked me if I were calling on behalf of IV as soon as I explained the VB fiasco. Its our choice to support through contributions or to undermine the main agenda of the organization.
Do not try to sell the point that we will lose membership if we make it paid, atleast to me. As I said before, people have come over to IV when hell broke loose time over time. I do not see a reason why they would stop coming. We are highly skilled but not very well endowed financially. What can we do other than lamenting about our personal choice instead of coming together as a community?
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chanduv23
09-28 04:28 PM
some of them are doing for votes and some of them doing it for show ratings, but racism and hatred is there in their blood. i dont think they change their stance on this. but if they continue provoking white americans against immigrants like this, one day we have to face same thing what black americans faced in 50's and 60's, and govt is fully ignoring this.
Times are also changing - lets not say it is that bad. Offcourse I do agree it is difficult to change people's stance.
These days we have technological advances, competition, internet has revolutionized the world, globalization, more media outreach etc.... it is just a matter of time before things are put into perspective.
We find it difficult to even convince our own people to join hands for a cause and our own people work against us or do not cooperate, it has been evry diifficult to change minds of our own people, so imaginee someone whos perspectives are opposite from ours, do you think they will change their minds or stance?
There is no option but to help ourselves - I hope our community realises this.
Times are also changing - lets not say it is that bad. Offcourse I do agree it is difficult to change people's stance.
These days we have technological advances, competition, internet has revolutionized the world, globalization, more media outreach etc.... it is just a matter of time before things are put into perspective.
We find it difficult to even convince our own people to join hands for a cause and our own people work against us or do not cooperate, it has been evry diifficult to change minds of our own people, so imaginee someone whos perspectives are opposite from ours, do you think they will change their minds or stance?
There is no option but to help ourselves - I hope our community realises this.
more...
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pappu
04-06 07:39 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
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singhsa3
03-05 07:08 PM
Thank You Kutra and Pegaus03
I will keep folks posted on the direction this campaign is taking.
I will keep folks posted on the direction this campaign is taking.
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jainnidhi26
03-11 09:59 AM
Is there any acco/carpool available near REAGAN INTERNATIONAL ??
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himu73
07-03 11:31 AM
If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Lets contribute... We have big day ahead of us..
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
Lets contribute... We have big day ahead of us..
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vansree
07-13 06:29 PM
I talked to her related my case complexity - Border revoking my visa - She just wants money. She cannot provide any clear details, any expectations.
Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.
She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...
if it is trouble some, she wont even reply!
Just to be part of the cloud and claim something she did, actually apart from the web site, she wont even talk to you once take up the case. Some of her colleagues or assistants talk.
She just want to get money ... Being Indian, I can say she is typical person for money. Highly C** mind...
if it is trouble some, she wont even reply!
krupa
07-25 03:57 PM
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
pappu
01-18 01:06 PM
we now have 110 members signed up for monthly contributions. Thanks to all those that signed up.
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