justAnotherFile
07-01 09:59 PM
in 2005 visa bulletin...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
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amitjoey
03-23 10:27 AM
There are people from northern california going to DC. Please join IV's NOR CAL group and you will get in touch with all of them
pcs
11-10 09:06 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
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dressking
09-26 11:53 AM
I think we should start a media campaign. Here is an easy way to get your message out to as many media outlet as possible: go to http://www.immigrantslist.org/page/speakout/dailies
By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.
We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.
By the way, I recommend Immigrants' List (http://www.immigrantslist.org). Although this organization is for all immigrants, both legal and illegal, legal and illegal are facing the same problem: the anti-immigration sentiment. And because of the problems in the immigration system, legal immigrants can sometimes become illegal without knowing it. Plus it is so difficult to jump through so many hoops that are designed to make you illegal, there is no point to let these laws enslave you.
We can only abide by the laws to certain extend and only if the laws are reasonable. If the laws are based on disrespect for us, we should not abide by those laws. We should fight to change those laws.
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ssdtm
02-01 04:22 PM
Interesting long post about Indian cos.
One point you are missing is, we live in a professional world, and if one is not fit, he/she is fired right away, particularly when one is a consultant. There may be some truth in your observation but you have too much generalized it and are making everyone look like unethical.
One point you are missing is, we live in a professional world, and if one is not fit, he/she is fired right away, particularly when one is a consultant. There may be some truth in your observation but you have too much generalized it and are making everyone look like unethical.
seeker999
08-11 03:11 PM
Based on the members in competeamerica . I honestly believe they will give a damn about GC. Simple reason is they will loose their reigns on us.
More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.
More practical is someone in IV EB3 talk to some lobbyist or politcians and figureout how to push this. Especially the ones in DC.
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pcs
08-03 01:39 PM
This guy is the root cause of our problem. Else, we would have got our provisions in Dec'05
DO NOT CONTACT HIM
I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
DO NOT CONTACT HIM
I REPEAT DO NOT CONTACT HIM !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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pappu
07-02 05:18 PM
Thanks Ramus. Yes this is important for us in order to proceed with our action plan for protest against this insane visa bulletin. We need everyone's help and contributions.
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Dhundhun
09-17 07:15 PM
Not relevent to immigration, but, It is important for us to hold job. A lot of bleeding happening in financial segment and our jobs may be at risk.
These bailouts has been described by Professor Nouriel Roubini as "privatization of profit and socialization of losses" (http://timesofindia.indiatimes.com/US_govt_spends_900b_to_take_over_failing_cos/articleshow/3495793.cms). I think communists are as "socialization of profits as well as losses".
My couple of friends are expert in FIX (Financial Information eXchange) and were asking me to move in that area. Now, I am not sure to put it on hold or entirely shelve it. But this is just an idea, how we could be affected by this downturn and priorities can change.
These bailouts has been described by Professor Nouriel Roubini as "privatization of profit and socialization of losses" (http://timesofindia.indiatimes.com/US_govt_spends_900b_to_take_over_failing_cos/articleshow/3495793.cms). I think communists are as "socialization of profits as well as losses".
My couple of friends are expert in FIX (Financial Information eXchange) and were asking me to move in that area. Now, I am not sure to put it on hold or entirely shelve it. But this is just an idea, how we could be affected by this downturn and priorities can change.
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v7461558
07-16 10:37 PM
Here's another potential way to go. Don't know if anyone has the balls to pursue it, but it may be quite effective.
IRS states "The IRS continues to investigate promoters of frivolous arguments and to refer cases to the Department of Justice for criminal prosecution." http://www.irs.gov/newsroom/article/0,,id=155289,00.html
Someone (preferably a lawyer) can write a letter to NumbersUSA stating that their widely disseminated template message, item (2), suggests that tax avoidance among H1B's is legal, and in this manner promotes tax avoidance. We can ask them to remove the message, or else we refer them to IRS Compliance and Enforcement.
This is not so far-fetched---note their wording: "Congress allows foreigners..."
IRS states "The IRS continues to investigate promoters of frivolous arguments and to refer cases to the Department of Justice for criminal prosecution." http://www.irs.gov/newsroom/article/0,,id=155289,00.html
Someone (preferably a lawyer) can write a letter to NumbersUSA stating that their widely disseminated template message, item (2), suggests that tax avoidance among H1B's is legal, and in this manner promotes tax avoidance. We can ask them to remove the message, or else we refer them to IRS Compliance and Enforcement.
This is not so far-fetched---note their wording: "Congress allows foreigners..."
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insbaby
05-26 05:11 PM
I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?
Yes sir. You have to carry atlest a copy of your papers, H1/L1 approval notice, copy of passport, visa page, I-94 while travelling.
Just keep a copy of those papers in your office bag or in car's dashboard.
Don't take it in the wrong sense. It is WORTH.
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
An officer's duty is to ask for papers. And for just few questions you are upset.
Just think about in the other way.
What if the officer gets upset when you remain silent....
You don't have to post such experience as everybody knows what would happen.
Yes sir. You have to carry atlest a copy of your papers, H1/L1 approval notice, copy of passport, visa page, I-94 while travelling.
Just keep a copy of those papers in your office bag or in car's dashboard.
Don't take it in the wrong sense. It is WORTH.
I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.
An officer's duty is to ask for papers. And for just few questions you are upset.
Just think about in the other way.
What if the officer gets upset when you remain silent....
You don't have to post such experience as everybody knows what would happen.
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spicy_guy
07-13 06:38 PM
August 2010 Visa Bulletin – EB-2 and EB-3 Substantial Forward Movement (http://www.cilawgroup.com/news/2010/07/13/august-2010-visa-bulletin-%E2%80%93-eb-2-and-eb-3-substantial-forward-movement/)
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
"
Forward Movement Is Temporary
Note that the substantial forward movement does not indicate a trend; instead, the last two visa bulletins� forward movement was to ensure that no available visa numbers remain unused due to poor allocation of the unused numbers. We expect that there be some retrogression over the next 1-3 months.
Please do not hesitate to contact us if you have any questions or if we can help you prepare and file your I-485 adjustment application, should your priority date become current.
"
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ilikekilo
08-15 06:18 PM
I think its not going to budge after this for 3 months or so, till they calculate all the applications received and do the math. Hopefully it will move forwards then, however (less likely) it can move backwards too ( I have seen strangest patterns with the bulletins)
i agree with u on this
i agree with u on this
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kiran24
06-10 04:05 PM
sent it.
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pitha
06-12 07:53 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
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gceverywhere
09-19 12:01 PM
Thank you. I believe that we should register legalimmigrationvoice.org (and not .com) as we are a non-profit organization.
Can you please get that registered as well?
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
Can you please get that registered as well?
I have registered this domain. If needed, please send me PM; I can initiate the transfer process. I have already added a forwarding address to the immigrationvoice.com.
This is my from of contribution.
more...
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immi_seeker
07-13 11:26 AM
They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
But where are we getting these numbers like say 20k visas are available for EB2..
USCIS will process in the following order now
1. Pull out cases based on PD, review then approve/deny/RFE
2. While waiting for RFE, process the next based on PD
3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.
They will manage to process about 20k cases approving as many as possible by Sep30th2008.
Therefore, only those with pending RFEs will be delayed into next year.
USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)
But where are we getting these numbers like say 20k visas are available for EB2..
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Macaca
09-19 09:33 AM
The placards were heavy. My shoulders hurt and I workout 4 days/week.
Workout with a physical trainer specially trained in carrying placards before the rally!
Workout with a physical trainer specially trained in carrying placards before the rally!
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AirWaterandGC
07-15 02:20 PM
How much time do you have to respond to the RFE ? Do you have to provide pay stubs too from your old employer ?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
amitps
09-26 11:52 AM
Eilene Zimmerman
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
freelance journalist
v and f: 619.582.2192
ezimmerman@sbcglobal.net
CADude
02-21 11:19 AM
Your friends lawyer is stupid. I know many who are GC holder by converting. File new EB2 LCA and Port the EB3 date in I140 filing. Nothing wrong with it. My company (F 500) don't do it by some crap policy. I am still waiting since PD 2001 to see light. Why? Because EB2 India is always current but EB3 India PD is May 2001 or before from last 3 years. So if possible take advantage or I am living example. Waiting from 8+ years. Sorry for venting.. :)
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
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