spulapa
08-10 01:53 PM
lets do something about it....!!
We need a lot of support from different members irrespective what category they are from.
We need a lot of support from different members irrespective what category they are from.
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meridiani.planum
03-16 11:15 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
alterego
06-08 07:09 PM
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Agree with your logic. However, if there is anything about the USCIS/State Dep't we have learnt over the last 2 yrs, they and their rules/logic is inconsistent at best and idiotic at worst. When someone picks and chooses which guidelines they follow at different times, and interpret the rules in such a haphazard manner, predicting anything in this regard is about as accurate as predicting the weather on the day I get my green card.
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abhijitp
07-25 05:25 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.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.
more...
gsc999
09-26 08:55 PM
Here's a classic example ..
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
---
Hi,
Thanks for your feedback:
"I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."
Your comment doesn't make sense to me. Please explain.
Administrator2
06-11 12:22 PM
Everyone is again talking about ifs and buts. Guys why do not you put your hard work on what is more important than what is never ever going to happen. People with a GC, if this Bill passes, they are not going to renew your GC also. How's about that? People with a US citizenship, with previous GC status, they will not renew the USA passport, if this Bill passes. How's about that?
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Don’t think you understand so let me give it a shot.
We just got off a conference call with our coalition partners. This is a real threat. Everyone, including some of the largest of companies on the planet think this is a real threat. It you are a lawyer or if you represent some law firm, then please go back and get busy with entering items like first and last name in a simple immigration form. This is not your area of expertise.
Experts with this are saying that the language is deliberately kept vague. Some of the terms used in the language of the amendment do not have direct corresponding visa. Since we don’t trust the guys behind this amendment, we think they have deliberately kept the language which is not precise.
Consider this as a kick-off for the election campaign. The real risk is, even if this amendment is defeated, between now and the elections we will all see many similar amendments. At some point Senators will be forced to vote on an issue which is pitched as “American citizens” v/s “foreign workers”. Experts believe that anti immigrants will try to push this amendment in middle of the night in the must pass bills.
Some lawyer, for the purpose of pandering to the client base, is of the opinion that this amendment does not affect EADs. In the grand scheme of things this is plain wrong because he/she will not be asked to leave the country if such an amendment passes in the middle of the night. Just engaging in name calling Senator Grassley or calling the Senator pig face is not going to stop the amendment. Please grow up and get real. Your pandering may get innocent audience to believe that there is no real threat even when everyone with any real sense of expertise is scrambling to oppose this amendment.
Immigration Voice and its coalition partners do not see this amendment in isolation. We are hoping for the best and preparing for the worst. And for the lack of clarity from the amendment language, we think that the intent of the amendment sponsors is to see us all out of here.
There is no simple way for the anti-immigrants to throw us all out in a single stroke. They will always engage in systematic elimination of everyone starting from the most vulnerable. The language is vague and it could be interpreted in lot of different ways. It is not wise to look for the most favorable interpretation of the language to find reasons for not doing anything because in the end our interpretation will mean nothing.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
So forget all these bogus bills, and support our main agenda, which is to remove the Backlogs. If you do not have any new news, then sit idle, but please do not spread these bogus out-of-world stories.
Don’t think you understand so let me give it a shot.
We just got off a conference call with our coalition partners. This is a real threat. Everyone, including some of the largest of companies on the planet think this is a real threat. It you are a lawyer or if you represent some law firm, then please go back and get busy with entering items like first and last name in a simple immigration form. This is not your area of expertise.
Experts with this are saying that the language is deliberately kept vague. Some of the terms used in the language of the amendment do not have direct corresponding visa. Since we don’t trust the guys behind this amendment, we think they have deliberately kept the language which is not precise.
Consider this as a kick-off for the election campaign. The real risk is, even if this amendment is defeated, between now and the elections we will all see many similar amendments. At some point Senators will be forced to vote on an issue which is pitched as “American citizens” v/s “foreign workers”. Experts believe that anti immigrants will try to push this amendment in middle of the night in the must pass bills.
Some lawyer, for the purpose of pandering to the client base, is of the opinion that this amendment does not affect EADs. In the grand scheme of things this is plain wrong because he/she will not be asked to leave the country if such an amendment passes in the middle of the night. Just engaging in name calling Senator Grassley or calling the Senator pig face is not going to stop the amendment. Please grow up and get real. Your pandering may get innocent audience to believe that there is no real threat even when everyone with any real sense of expertise is scrambling to oppose this amendment.
Immigration Voice and its coalition partners do not see this amendment in isolation. We are hoping for the best and preparing for the worst. And for the lack of clarity from the amendment language, we think that the intent of the amendment sponsors is to see us all out of here.
There is no simple way for the anti-immigrants to throw us all out in a single stroke. They will always engage in systematic elimination of everyone starting from the most vulnerable. The language is vague and it could be interpreted in lot of different ways. It is not wise to look for the most favorable interpretation of the language to find reasons for not doing anything because in the end our interpretation will mean nothing.
Let’s be smart, think for ourselves and act on our own behalf to send simple message requesting the Senate offices to oppose this amendment. What is so complicated about this? And if you don't want to participate, that's fine, but why would you discourage others from sending a simple message to the Senators from their state? Don't you have anything better to do?
more...
nomi
12-12 04:59 PM
All of the documents in this link are written by
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
"Micheal Aytes /s/,
Acting Associate Director, Domestic Operations
U.S. of Citizenship and Immigration Services
Department of Homeland Security"
I wonder if he is the person we should be talking to. Although the document does not indicate which city he works in. He should at leats be able to tell us who in USCIS makes these decisions if he is not the right person.
Also I was not able to find anything about not allowing concurrently to file 140/485 applications. Where was this information published? Does anyone know?
what about if we write a letter to USCIS and ask for some relief and all IV member fax that letter to USCIS same day. USICS will take notice about that many faxes same day and may be throw some light on this issue.
What do you guys think ??
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nixstor
07-03 05:25 PM
nixstor,
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
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.
they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.
albertpinto:
it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.
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.
more...
hmehta
07-16 05:20 PM
Oh, what a lie!!!!!.....As a matter of fact, H1-B's pay the highest amount of Tax. H1-B's are the ones who may potentially NOT benefit from the Social Security Taxes they are paying right now but are still paying it - so in that reference they are actually feeding the so called baby boomers right now.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
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pappu
01-16 12:10 PM
I just updated the profile. Could you please confirm?
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
Thanks.
We confirm your contribution commitment for $20 per month. Each $20 is important for us.
Sorry about making a commitment for only @ 20.00.
Thanks again for all the effort done by IV Core.
Thanks.
We confirm your contribution commitment for $20 per month. Each $20 is important for us.
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greyhair
03-12 11:44 AM
I completely agree with you. By the way, why are you not a donor?
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.
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paskal
01-26 02:46 AM
dear friend,
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
more...
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decipher
04-21 09:40 PM
The meeting was primarily about undocumented workers and family re-unification. It seemed to be organized by the Latino community and so conducted mainly in Spanish (There was a English translator for others).
There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.
The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.
After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.
There was a decent turnout of IV members but were ultimately overwhelmed by the undocumented crowd.
The congressman talked about immigration as a whole and specifically about the provisions for undocumented workers in his bill. He was asked a couple of questions about legal immigration during Q&A but he did not address them very satisfactorily.
After the meeting, I was concerned that he might not be completely aware of the legal immigration issues. However, I learned that he knows about the issues after talking to IV. Personally, I wish that he had talked a little about legal immigration provisions also in the meeting though.
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Ramba
07-09 07:44 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
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anurakt
12-27 10:55 AM
it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
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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!
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nixstor
10-15 11:53 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
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greencard_fever
09-05 02:43 PM
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
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ashwin_27
06-13 12:10 AM
If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.
alterego
07-13 11:19 AM
When a few IV members predicted the rapid movment of EB2 -I, they were dismissed as naive, and fantasizing. Yet, here we are with the EB-2-I PD current for June 2006. Lately, I'm having more faith in the philosophical statement -"The truth is unknowable". :) and having less and less faith on the speculations/ predictions of most IV members.
Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.
I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.
Fair enough, you are free to fantasize. :) I didn't mean to rain on your party!
I'd wish too that what you said is true. Hey, I am a well wisher of EB immigration.
However my understanding is that many 485s were not receipted like yours. Also the processing dates have stuck at that time now. So although admittedly I am not sure how many of those applications were in fact processed, I suspect it is not the majority. There are indications that there are 200-250K pending EB 485s of which 40-45% are EB India and another 15% or so Chinese. Looking at the bigger picture if 35% of these are EB2. I can't see how the EB2 backlog can be cleared before the end of the next fiscal year.
I whole heartedly agree with you that our speculation and guesswork is often wrong, but it gives us something to do while we wait!
Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.
I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.
Fair enough, you are free to fantasize. :) I didn't mean to rain on your party!
I'd wish too that what you said is true. Hey, I am a well wisher of EB immigration.
However my understanding is that many 485s were not receipted like yours. Also the processing dates have stuck at that time now. So although admittedly I am not sure how many of those applications were in fact processed, I suspect it is not the majority. There are indications that there are 200-250K pending EB 485s of which 40-45% are EB India and another 15% or so Chinese. Looking at the bigger picture if 35% of these are EB2. I can't see how the EB2 backlog can be cleared before the end of the next fiscal year.
I whole heartedly agree with you that our speculation and guesswork is often wrong, but it gives us something to do while we wait!
andycool
07-15 11:11 AM
No changes in my status..not even phone company. :D
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
Is your case still @ Local Office
It is not the first time we got call..our case have been moved to Local office sometime in 2008..since then we got calls few times..asking for this document..that document..verification..saying we are consolidating etc etc...
Looks like they are doing something with cases for sure :cool:
Is your case still @ Local Office
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