vin13
11-13 12:27 PM
The 1st quarter ends Dec 31. So technically, USCIS has until that to allocate the total of 35,000 visas. Now, let's assume they have only approved 5000 visas across all categories thus far, then that doesn't mean they can go and allocate the remaining 30,000 in December to the retrogressed countries.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I think the way the spillover works (except for the last month of last quarter) is at the end of the quarter (technically Jan bulletin is published around Dec 15) based on the demand for the last 2 weeks for that quarter, USCIS will spillover visas. So I think we should wait until the Jan bulletin that comes out in December before we push for a lawsuit. If you want to send letters to people, then so be it, but I am pretty sure USCIS is well within its operating procedure wrt spillover. If spillover doesn't happen in the Jan bulletin, then we have ground for a strong case.
I guess we will be fine if they are not able to complete the spillover within the calandar quarter and issue them the month after (except when it is end of fiscal year). I hope you are right that the spillover happens in January for the 1st quarter.
But look at previous visa bulletins. Do you see major movements 4 times a year. Its always the end of the year. So we are asking for clarification on following the law which seems to say that spillover need to happen during the remainder of the calander quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
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chi_shark
03-11 11:08 AM
I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
I have seen high activitiy in the last few months.
man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)
I have seen high activitiy in the last few months.
man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)
rockstart
03-14 11:34 AM
EAD renewal delays will be on of the single issue on which I would defer AC-21 till I can find some one willing for an H1 transfer.
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anukcs
09-26 09:53 AM
I sent a message
more...
GCard_Dream
12-13 10:06 AM
I am all for making contribution as well as sending faxes or personal letters. Count me in.
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???
masouds
02-15 05:09 PM
US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
Look, I don't want to enter a pissing match with anyone here. Go read your history (http://americanhistory.suite101.com/article.cfm/limiting_the_huddled_masses) before jumping to conclusions.
more...
jcgc
02-21 02:13 PM
I can share some estimates for EB2 India through Dec03. I wish had the cases as a database, Then we could query for all dates.
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
Column 1: PD
Column 2: Nbr. Of EB2 India pending from
Column 3: Estimated Universe of EB2 India Pending ( to Universe ratio of 6.75%)
Column 4: Cumulative EB2 India pending
2000-01 0 - -
2000-03 0 - -
2000-04 1 15 15
2000-06 1 15 30
2000-08 0 - 30
2000-11 1 15 44
2000-12 0 - 44
2001-01 0 - 44
2001-03 1 15 59
2001-04 3 44 104
2001-05 2 30 133
2001-06 6 89 222
2001-07 3 44 267
2001-08 1 15 281
2001-09 1 15 296
2001-10 6 89 385
2001-11 2 30 415
2001-12 2 30 444
2002-01 5 74 519
2002-02 4 59 578
2002-03 1 15 593
2002-04 3 44 637
2002-05 11 163 800
2002-06 7 104 904
2002-07 5 74 978
2002-08 5 74 1,052
2002-09 5 74 1,126
2002-10 14 207 1,333
2002-11 16 237 1,570
2002-12 11 163 1,733
2003-01 13 193 1,926
2003-02 12 178 2,104
2003-03 20 296 2,400
2003-04 13 193 2,593
2003-05 16 237 2,830
2003-06 17 252 3,081
2003-07 22 326 3,407
2003-08 18 267 3,674
2003-09 18 267 3,941
2003-10 29 430 4,370
2003-11 17 252 4,622
2003-12 18 267 4,889
Total 330 4,889
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chanduv23
02-17 11:17 AM
I am volunteering to coordinate the collection and redemption of airline miles.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
more...
sanju
02-18 07:17 PM
How to convert from Legal to Illegal?;)
How about if I tell USCIS I am born here and never applied for Birth Certificate?
that's why you name is champu.
.
How about if I tell USCIS I am born here and never applied for Birth Certificate?
that's why you name is champu.
.
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walking_dude
09-19 01:07 PM
On the flight back I was watching LIES Dobbs on Communist Nativist Network...
Corrected.
On the flight back I was watching Lou Dobbs on CNN and they used a clipping from our rally and did a whole piece on illegal immigration without even mentioning the rally!! That is so typical of the media.
Corrected.
On the flight back I was watching Lou Dobbs on CNN and they used a clipping from our rally and did a whole piece on illegal immigration without even mentioning the rally!! That is so typical of the media.
more...
chanduv23
09-10 11:56 AM
Are you guys in jail or something?
Many are : they jailed themsleves inside their closets
Many are : they jailed themsleves inside their closets
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ratiwari
07-24 01:14 PM
As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.
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reddog
04-08 11:19 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
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sripk
03-22 07:22 PM
I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!
more...
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chanduv23
01-30 09:08 PM
Benching is a concept where a H1b employee is not productive to the sponsering employer, during this time the employer does not want to pay the employee. This is not permitted because such a concept just does not make sense.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
Generally people find it difficult to find their first work assignment when they do not have US experience and a lot of people have initial bench, which is also not valid, but it is common.
Nowadays a lot of these body shops also manage to get some product development or outsourced work from clients and when their employees come on bench they are made to work on these internal projects or manage outsourced work and their payroll continues as they do productive work as well as look for future assignments.
Your case is defferent and you not recieving pay check during summer is not bench.
Prolonged benching have been taken seriously by USCIS. I am not aware of any cases in detail but people have had issues with spouses not getting h4 etc...
I have never heard USCIS penalizing unpaid bench. If it a problem and such a common case, why don't we ever hear about penalty against unpaid bench?
Is it possible to take unpaid leave every year?
In teaching you have an option of not teaching in summer. This means you do not get 2-3 pay checks; happens every year because most faculty don't teach in summer. Faculty is not even aware that absence of pay checks can be a problem.
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Karthikthiru
06-10 03:55 PM
Done. Just did it
more...
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gc_lover
07-18 09:19 AM
some applications have already been rejected, mostly on July 2nd but a very few.
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
Do you know if these applications were send back right away or they are still holding it?
Where did you get this information, can you please post the source?
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pappu
01-17 01:43 PM
it is a slow process. This recurring contribution is a good process in long run. We will inspire our members to contribute. This will grow in to thousands eventually. Keep up the good work with our core objectives.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
Yes it is upto members if they want this process to be like the greencard process and we can wait for years to get a bill passed. Ultimately the onus of getting sucess is on each and every one of us. We represent a community of highly skilled and get paid above average (than average american) but If we want 20 opinions per month on what IV should focus on, we can get those right away. However $20 per month is difficult.
IV really want to go all out and use all resources to get the bill passed. We cannot do it without the support of all members.Pls. Visit this page http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
and start contributing today.
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nb_des
03-17 01:20 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
yabadaba
07-28 09:03 AM
Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?
its amrit..drink of the gods...so its befitting.
its amrit..drink of the gods...so its befitting.
pd_recapturing
03-07 08:09 PM
Okay. Even if we send the AC21 letter to USCIS, whats the guarantee that they will take action or even read it. AC21 letter is not going to be a paid service and USCIS will treat this letter as any other letter like interfile letters. I am not sure whether USCIS has any specific PO Box for AC21 services. In my knowledge, there is none. I had sent my interfiling letter in early Oct 07 and there is no information from USCIS on this. Today, I went to meet an IO thru Infopass, the first layer of service lady was so rude that she did not even allow me to meet the actual IO. She said that this kind of information does not come on computer so IO would not be helpful. She was not at all listening to me. My point is can one make sure that his/her AC21 letter has been accepted and acted upon. If not, is there any need to send the AC21 letter?
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