pmb76
03-18 04:58 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.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
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.
__________________
Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
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pappu
04-23 10:18 AM
This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this. We did get an irresponsible member gautamagg in this event by using IV's name and asking a wrong question. This Q and A session should have been used to talk about the general issues of the organization members and that IV fully supports the bill that brings relief to us. And not asking if this congressman can get me a F1 visa because I don't want to spend $100 and ask this question to a lawyer. Or saying I am getting a 100K salary now and if I get my greencard I can get 120K salary and I am very depressed because of that. It is really tough to discipline everyone coming to the meetings and making sure each question will be well thought of and coordinated. There are definitely some lessons learnt after such representations in public meetings.
Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.
Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.
Many thanks to gsc999 for bringing a banner and wearing IV t-shirt. We also want to acknowledge his contributions of over $1K to immigrationvoice and wish we have more members like him. Many thanks to members who helped us call all CA members and ensured we have a good turnout. Our success will be very close if we have such committed and responsible members.
Members are requested to be mature and responsible in such meetings. If you are using IV’s name and IV has invited you for the meeting, you are representing all 10,700+ members and you are their voice.
suriajay12
05-11 09:42 AM
Keep writing letter, regular mail etc to president, Ms. Joe etc...
I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.
But EB2 guys from much later date:
If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...
I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.
But EB2 guys from much later date:
If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...
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varshadas
02-01 03:27 PM
That's fine. As long as some of us are there, we should be fine. Right now we need to finalize the flyer.
Thanks,
Varsha
Thanks,
Varsha
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h1techSlave
11-10 10:20 PM
Pushing for such small changes is the right thing to do.
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover
independent72
02-20 06:43 PM
I am going to travel from Boston and would like to pool my car. I have Honda Pilot and can sit 6 people.
more...
sugaur
08-21 11:01 PM
Have the chubby guy u take care of contact the local congressman/senator/newspaper and tell them a sob story about how no one will take care of him except you and maybe you will get lucky.
One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D
One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D
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neelu
12-13 12:17 AM
I'm with you - less talk and more action.
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
Also, members should all show support for all goals.
I am not in the I-485 stage but would certainly fax USCIS.
In the same way, members should fax DOL to clear up their backlogs.
the whole point of this forum is united action, so lets show support
Add one more member to this effort. I will support any effort to call/fax for both fixes to LC backlogs as well as provision to allow 485 filing without visa number availability.
At the same time, I do want to caution that we need to take measured steps, because USCIS and DOL though they are public service departments are unlike the congress which is a representative body of the people and so by definition there to 'hear' our problems and address them. In summary, DOL and USCIS might not be as receptive or even be irritated (might hurt our cause).
I would suggest that a group of say around 10-15 with a couple of core members (am not volunteering them here!) who have had both media exposure and well versed with the issues, meet these people at the top and seek explanations. But even as I write this, I doubt how much effect that kind of thing would have, unless we do this on a regular basis.
I know many of these suggestions are easier said than done, but better something said than none! :)
more...
mihird
07-09 10:37 PM
I think, we should all follow this lawsuit closely...if it gets accepted for trial in Illinois, I am seriously considering filing one myself in California...on similar grounds..
There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....
Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
There are several attorneys who would be willing to file a lawsuit no cost with the understanding that any monetary benefits if won, be split with them....
Likewise, I think, others should stand up and consider filing separate law suits in different states....the more law suits get filed, the more media/people/congressmen attention this issue will get...
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ksiddaba
07-04 07:39 PM
Thanks for the information. It's helpful to understand the ombudsman role. However, it still remains a violation of the law to pull VISA numbers without name check being done, since it has not been approved by Congress, although as you point our, the ombudsman did report to Congress along those lines.
IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.
The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.
IT is also incompetence, on the part of DOS not to understand the implication of making all categories current.
The question of whether a lawsuit is the most effective method will have to be seen. It may bring enough media/ political attention to the issue at hand so that legislation may become possible.
more...
Imigrait
01-30 03:39 PM
No. This is NOT what I said.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
I see your point. Thanks a lot again.
Filing for I-485 covers out of status covers in most cases and it does not cover out of status from last admission to the date of I-485 filing.
____________________
Not a legal advice.
US Citizen of Indian Origin
I see your point. Thanks a lot again.
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needhelp!
09-26 11:43 AM
It needs to be already fixed by now!! Imagine how many have already read this and all the DAMAGE it has already done!
I am so disappointed. I didn't go all the way to DC for THIS!!
Please continue to press for the fix.
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
I am so disappointed. I didn't go all the way to DC for THIS!!
Please continue to press for the fix.
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
more...
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makemygc
06-12 02:55 PM
very well said, some people here say (or is it hope) that getting an amendment introduced and passed is as simple as buying a ticket to a movie. After all the shock treatment given to us by durbin, kyl, kennedy some people just want more shock treatment
So what do you suggest exactly? Kill CIR and come up with Skill or some new bill. If in your opinion getting an ammendment itself in CIR is difficult then you can image the state of getting altogether a new bill solely for the GC, as if the senate or House cares.
In my opinion, our only hope is getting attached to a big bill, CIR or whatever. Rowing alone..we can never cross this sea of retrogression. You know the kind of funding that we have. When it comes to funding very few comes forward.
So what do you suggest exactly? Kill CIR and come up with Skill or some new bill. If in your opinion getting an ammendment itself in CIR is difficult then you can image the state of getting altogether a new bill solely for the GC, as if the senate or House cares.
In my opinion, our only hope is getting attached to a big bill, CIR or whatever. Rowing alone..we can never cross this sea of retrogression. You know the kind of funding that we have. When it comes to funding very few comes forward.
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cygent
07-28 09:32 PM
Funny, I got a red dot too and with a
No worries Guys, given you both some greens to offset that moron's. Speaking of which someone gave me red called me an "idiot" for me wanting to sue USCIS.
No worries Guys, given you both some greens to offset that moron's. Speaking of which someone gave me red called me an "idiot" for me wanting to sue USCIS.
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WeldonSprings
08-27 12:19 PM
OK, in that case add 20000 to 115964 (till Jun'08) out of 162704 for 2008, that becomes 135964 + July (2000) + August (7000)= 144000.
Still, I see 18000 left over.
There are few issues
You have missed 20k annual CP cases
The acceptance rate of I-485 application (big unknow) would change the number a lot.
July was a slow month but August was big mover so 11k visa is just too low for this period.
Still, I see 18000 left over.
There are few issues
You have missed 20k annual CP cases
The acceptance rate of I-485 application (big unknow) would change the number a lot.
July was a slow month but August was big mover so 11k visa is just too low for this period.
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vin13
02-22 06:44 PM
I am keeping track of the air miles donors and those requesting tickets. I may not get the time to acknowledge receiving the messages.
I will reach out to individuals as i get to coordinate the available miles with those who are in need.
Thanks
I will reach out to individuals as i get to coordinate the available miles with those who are in need.
Thanks
more...
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feedfront
09-14 12:23 PM
I've been current since July, 2010 and got RFE on Sept 10, 2010. I don't have letter with me as yet to know about RFE.
Before I got REF email, I waited for few weeks then tried followings:
1) Took infopass : Officer sent email to expedite.
2) Wrote to Senator: got reply they would get reply in 60-90 days
3) Sent an email via attorney to TSC: got automated response.
Waiting for RFE mail...
Before I got REF email, I waited for few weeks then tried followings:
1) Took infopass : Officer sent email to expedite.
2) Wrote to Senator: got reply they would get reply in 60-90 days
3) Sent an email via attorney to TSC: got automated response.
Waiting for RFE mail...
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Openarms
10-20 11:47 AM
Well said... no other explaination is needed.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
Do you all ever wonder why 1996 to 2000 was great and the economy never went to quite the 2000 levels? It is because of useless wars and getting the job shipped to other countries. That is the republican agenda. If you think you will have a better chance of green card under Republican rule, you are sadly mistaken. The economy will continue to go down, while there will be another Iran war to turn the attention from problems with economy. We need someone who can think clear and be steady. It doesn't matter if the republicans have pro immigration stance or not. The economy is going to dictate if companies are going to keep us employed here. You need to see the bigger picture.
Moreover it is during the democratic president that immigration got relaxed. At one point the H1 quota was raised to 200 thousand. It takes 8 or more years to get green card under republican rule. It wasn't the case during clinton years. Before you say that it is the house/senate that decides immigration policies, republican had control from 2000 to 2006. What has been done that has our chances improved?
If the topic posted is political, then the discussion is bound to get political.
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gemini23
09-26 10:13 AM
Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.
pappu
03-10 04:11 PM
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
We have already made it a priority. This funding drive is happening after many months. I do not recollect having an IV drive in a long time. Thanks for leading the thread and making members active.
We have already made it a priority. This funding drive is happening after many months. I do not recollect having an IV drive in a long time. Thanks for leading the thread and making members active.
amitps
09-26 12:22 PM
Ask her to write separately about us and mention IV! It appears the mistake was not intensional.
Stay in touch with her. We will need her later!
Yes, we are talking to her about this.
Stay in touch with her. We will need her later!
Yes, we are talking to her about this.
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