vbkris77
06-11 01:42 PM
I just want to Thank you for your passion on this subject. Can we think of this from another angle where we approach politicians from our respective countries for a counter trade restrictive bills to make things apples to apples? Just a thought!!!
Look I don't want to say this to you but I am left with no choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
Look I don't want to say this to you but I am left with no choice. When CEOs such as Steve Ballmer and John Chambers are personally calling the Senators because they think this amendment a real threat, it will be least of our worries what opponents would think about us getting scared. We are not scared, we are simply making our voices heard. If we were scared we won't be doing this.
Now, you have no freaking clue of what is going on behind the scenes, this is your third post in this forum and all these posts in opposition to our action item which we are coordinating with other coalition partners. Why do you think you know more than the folks who are right now speaking with the Senators?
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ajthakur
07-14 08:07 PM
Thanks rajuseattle. I am first going to try find out whether my previous employer did revoke the 140. In case he didnt i am safe. In case he did, when he did it is the key.
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
One more thing AC-21 is not a formal USCIS form which one can fill in and send it over to USCIS, its just a letter wherein you or your legal representative informs USCIS about the change in employment, be it a job promotion with same employer or u switching the Job using the AC-21 provisions.
As explained earlier in this forum, 180 day rule interpretation is solely USCIS's descretion, if USCIS adjudicator who is working on your case accepts your new EVL and approves your case you are good to go, but for some reason the adjudicator keeps sending more RFE then you will need someone who can answer them in a legal language and thats where attorney services comes in handy.
I am hoping for the best for you that once they see your new EVL, they are satisfied and sends you GC.
cps060
01-31 04:48 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.
BTW , he has no plans to travel out of country so stamping is not an issue.
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chanduv23
09-28 02:33 PM
Hi Chandu,
Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p
Thanks
PS: I did not had IV during the time when I started my GC process :mad:
Sorry about the generalization. I was refering to Senthil1 kind of folks, not folks like you. Thanks for all the support. My friend got a green card as recently as a month back, he struggled for a long time before he got one, I asked him if he wants to come for the rally and he told me "MRRRRRRRR I GOT MY GREEN CARD, YOU ARE ASKING THE WRONG PERSON FOR THE RALLY" and the same person told me "SOMETHING MUST HAPPEN TO THESE ROTTEN CONSULTING COMPANIES, THEY ARE RUINING THE SYSTEM" he got his GC from a small consulting company and after getting his GC he says these companies must not exist - he wants to shut thee door behind him
Not all GC holders are against the aspiring GC seekers. In fact, I am promoting IV actively to many older GC holders and exposing how bad the system is now when compared to their days. [Say from 10 years ago]. I am trying my best to help many, who are in line with what ever little knowledge I gained during this process. I will be happier one and only if this broken system is fixed and the process is made transparent. I only wish that this will happen during my life time :p
Thanks
PS: I did not had IV during the time when I started my GC process :mad:
Sorry about the generalization. I was refering to Senthil1 kind of folks, not folks like you. Thanks for all the support. My friend got a green card as recently as a month back, he struggled for a long time before he got one, I asked him if he wants to come for the rally and he told me "MRRRRRRRR I GOT MY GREEN CARD, YOU ARE ASKING THE WRONG PERSON FOR THE RALLY" and the same person told me "SOMETHING MUST HAPPEN TO THESE ROTTEN CONSULTING COMPANIES, THEY ARE RUINING THE SYSTEM" he got his GC from a small consulting company and after getting his GC he says these companies must not exist - he wants to shut thee door behind him
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alisa
01-18 09:41 PM
I have been unable to access that powerpoint.
Could something please be posted here.
Could something please be posted here.
tooclose
07-13 10:54 AM
Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.
Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.
We will get to know early next month. Good luck to all !!!
Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.
We will get to know early next month. Good luck to all !!!
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sbabunle
12-28 10:07 PM
Anybody tried timesof India?
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ashwaghoshk
03-19 05:40 PM
Finally, labor filed on March 11.Unfortunately labor process stalled from March 1. Badluck still continues
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
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addsf345
12-10 07:49 PM
you hit the nail ... this is the biggest reason ...We are just too many and everyone wants to come to US
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
don't you think that working towards removing unfair country quota in skilled category would be faster & easier than population control?
Now that you are enlighted about being one among too many, are you planning to go back, and reduce backlog for others?
Also, when talking about reducing indian population, I hope that you do not agree with what 10 pakistanis tried to do in mumbai few days back!!! That is one very bad way of reducing population! I would prefer load balancing i.e. moving some ppl to part of world where population is not so much. This is called immigration.
Jokes apart, we need to seriously highlight the fact that as there is no country quota in H1B, since it is a skilled category visa, similarly there should be no country quota in skill based immigration too. We are given visas as their industry need us, but they do not care if we suffer for years. It is nothing but simply 'DESCRIMINATION" based on country of birth.
Ask this question: Is it a crime to be born in certain country? Do we all have choice to do so? If it is not a crime, why we are being punished?
Do we have guts to fight that??? we can only talk about some stupid solutions like control indian population and in just next 100 years there will be no retrogression for indians. Some one would also suggest indians must not to study and remain uneducated, so you won't come here under skilled quota and voila - no retrogression!!! but the fact is, we have no unity, no guts and no willingness to stand up for our community. IV is the only effort I have seen in years in right direction.
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imneedy
11-11 07:23 AM
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pappu
04-09 08:43 PM
Old wine tastes good. Does this VB tastes good to you?
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dskhabra
03-17 09:46 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
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EB3_SEP04
05-26 04:45 PM
Even GC holders are required to carry thier GCs all the time.
The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.
This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
The point, like ACLU said, is : People should not be stopped/searched/questioned for no reason. It must be done only in response to a suspicious activity.
This treatment of non-citizens vs. citizens is similar to black people not allowed to sit in the front seats. Just a new form of profiling.
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angelina
09-26 12:44 PM
This is nicely being played by big lawyers. They used us for demostration and converted the propaganda to media as it is for H1B . Profitablity is more on new H1B
Yes they can subtly change things and then say that it was just a mistake.
Dirty politics
Yes they can subtly change things and then say that it was just a mistake.
Dirty politics
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Hassan11
03-18 01:00 PM
Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
Ron Gotcher said on his reply to some readers questions:
The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.
He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.
So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
__________________
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prakgc
07-24 07:26 PM
Folks,
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.
I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.
My worry is what if i don't even get a RN and get a reject?
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singhsa3
03-03 12:40 PM
MSG TO THE NEWS MEDIA
Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Green card process overview:
Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.
Most of us are in stage 3.
We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.
Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506
.
MSG TO THE POLL PARTICIPANTS
Objective of this poll:
a) To assess if the idea has any strength
b) Invite media attention to the issue
c) Develop a task force to float this idea around.
Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.
Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Green card process overview:
Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.
Most of us are in stage 3.
We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.
Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506
.
MSG TO THE POLL PARTICIPANTS
Objective of this poll:
a) To assess if the idea has any strength
b) Invite media attention to the issue
c) Develop a task force to float this idea around.
Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.
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hara_patta_for_rico
07-09 07:05 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.
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.
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.
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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abhijitp
07-23 08:07 PM
Employer is happy to give
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
I wonder if not providing the emlpoyment letter helps ensure that you cannot switch jobs easily using AC-21? I hope I am wrong. Experts please opine.
zuhail
03-10 11:25 PM
Hello,
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.
Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.
I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.
I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.
By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.
thesparky007
03-07 07:19 PM
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