mchundi
07-24 10:32 AM
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
In the recently released ombudsman's report there was a concern that USCIS is giving EAD's for all AOS applications without checking the case and later rejects 20% of the cases.
It might be tough to push them to take a decesion like this.
On the other hand the hospital and doctor's lobby is going to push for some more relief for the nurses VISA numbers if the CIR doesnot materialize this year, If that happens we can try and lobby to attach some of our issues to that.
--MC
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saimrathi
07-05 01:52 PM
In the time it took you to write all this up, mayb you coudl have enlightened a senator or two...
I think atleast the forums section should be made restricted to contributing members. I see many newcomers (both paying and freebies) come to this site and hoping to get a quick guidence on their immigration issue. They come here becasue they know a) they will get some answer quickly b) that answer will make sense and experinced users here who have gone through similar situation will share their insights.
Those are major outcomes or results for not paying any dime.
I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.
If those members want to contribute more as many of us do then they are most welcome to do so.
In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00
Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).
In short, I support this idea of having majority of forums under restricted umbrella.
- PMAMP
I think atleast the forums section should be made restricted to contributing members. I see many newcomers (both paying and freebies) come to this site and hoping to get a quick guidence on their immigration issue. They come here becasue they know a) they will get some answer quickly b) that answer will make sense and experinced users here who have gone through similar situation will share their insights.
Those are major outcomes or results for not paying any dime.
I can understand someone's concern about asking everyone to pay certain amount. But most of us here are earning decent wages and can contribute atleast 3$ a month (or 25$ a year) for such a service.
If those members want to contribute more as many of us do then they are most welcome to do so.
In $$$ terms of the 12K + members we can retain 40% (about 5K) and each of them contributes atleast 25$ a year (one time payment) = $75,000.00
Remember this $75K is only based on basic membership fees. Any dropouts or reduced rate of conversion will be compensated by those '20$ a month' paying members (roughly by 1 as to 10).
In short, I support this idea of having majority of forums under restricted umbrella.
- PMAMP
amitjoey
07-03 04:15 PM
I understand your concern, it could be a waste of time and might not get us relief, but look, we have been trying to raise awareness and get media attention. And this law-suit will definately get us attention and open up debate about legal-immigrants.
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
Lawsuit against USCIS, generates a lot of media articles and also the wrong-doing will be highlighted and brought to the administration's attention.
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
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sanju
02-03 12:13 PM
I spoke to Congresswoman Zoe Logfren's staff few days, back and they specifically pointed out on the country quota issue. I'm sure lot of lawmakers are aware about this issue, I wan to give it a try, guys who think it is an unfair system, please PM me, this is my own initiative so no there is no arguement on whether IV supports this or not...
I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.
You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.
.
I did want to PM you, but thought of posting it on the open forum. So here is what I have to say.
You are a total jerk because you do not understand, and you do not want to understand that your actions could annoy people and harm the effort. There is a time for everything. Just because we are all feeling the fear of the shrinking economy, doesn't mean that we have to do something, which may even harm the entire effort. Waiting for the right moment is better than doing wrong things at the wrong time and failing.
.
more...
nogreen4decade
07-15 01:36 PM
I think you are in. Good Luck!
Mine is 3/21/06. So close...yet seems like so far :(
Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:
Mine is 3/21/06. So close...yet seems like so far :(
Mine is 03/20/2006. I know what you mean by so close, yet so far! I am going to complete 11 years in US soon :(.:mad::mad::mad::mad:
akred
01-21 12:30 PM
My guess is that except for the early years (2001, maybe 2002), EB-2 timelines will be almost identical to EB-3.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
Supporting reasons are -
1. As things stand today, EB-2 differs from EB-3 only in the amount of wages required when filing the petition.
2. EB-3 filers will naturally earn more money with experience and file fresh for EB-2 when they can.
Other things such as qualifications and 5 years of experience are easily obtained and not relevant with such long timelines.
more...
feedfront
09-22 07:08 PM
Guys,
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :rolleyes: and talk to my attorney. Confused yet happy
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mjadala
03-17 02:48 PM
My PD is Nov 2004. Filed 485 in July 2007.
more...
sri1309
09-10 06:27 PM
Actually even the Brits. have a rule in their immigration process stating that if you have spent a total of 10 yrs in that country, that alone is a basis for a PR card there. Citizenship is another 1 yr after that(there is currently some debate about making it 2 mainly over spousal PR cards). This rule is based on the premise that if you have been part of the society for that length of time then you have contributed sufficiently to warrant peership. So by this score, many of those who posted that they have been here since earlier than 1999 would have been eligible even absent the employers assistance.
Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.
As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.
I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.
Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.
Given that we have been tax paying, law abiding and patiently waiting through a bureaucratic system that has to date not approved 500K visas that they could have, we have a legitimate grouse to any fair minded person. We have contributed tremendously through our purchasing power and in many other ways to this economy.
As it stands however the system is mainly screwing EB India. Ideally they should start up a Country caps for H1b visas also. Only then will the foolishness of per country quotas for EMPLOYMENT BASED immigration be fully apparent. I see potentially another example of this "managed overflow" system at work here.
It seems likely on the Oct. VB that EB3 ROW would have been afforded a much more generous PD than EB2I. Based on the USCIS's assertion that henceforth spillover will be horizontal before vertical, the presumption can then be that EB3ROW would basically be limited to 28% of 140K, on that basis and recent retrogression for EB3ROW, those numbers should be used up rapidly. I'll bet that this will not happen. A whole lot of "managing" is going on.
I see good response to Citizenship slogan in this short time frame. THATS what we deserve guys after this much screwup.
Also understand there are so many many fully frustrated and screwed up by these delays unable to take it anymore and left the country. They are not typing here, but they took the shots. They too dont deserve this. Remember how thrilled we felt when we first got the Visa(whoever you are). If we all voice together for this, I am very sure it can work.
Lets push for a new rule 3+ years GC, 8+ years Citizenship. We shouldnt be paying for other's disservice. But lets hold on this till 5882 passes or fails.. In any case, we must be pushing for this.
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amsgc
03-16 04:51 PM
It is good to see a sensible post in a long time.
Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.
The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.
most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?
without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...
Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)
Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.
The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.
most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?
without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...
Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)
more...
ajthakur
07-14 06:47 PM
Suppose my employer had revoked the 140 application within 180 days. In that case should I receive a NOID instead of RFE now.
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents
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singhsa3
03-03 01:48 PM
Consider this:
Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visitors dramatically increase, if there are newsworthy events that affects most of the people.
So the sample size is NOT 25K but around 500, based on the daily visits.
This of course is not a whole lot but Idea is not to be statistically correct but to feed newsworthy information to the Media, and here are the facts.
a) 1 MM people in the line for EB green card
b) All of them highly skilled with at least bachelors
c) Average income 75K +
d) Average family size: Slightly more than 2 .
e) Life Dream : The American Dream
f) Bottleneck to the life dream : The long ,excruciating backlogs.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visitors dramatically increase, if there are newsworthy events that affects most of the people.
So the sample size is NOT 25K but around 500, based on the daily visits.
This of course is not a whole lot but Idea is not to be statistically correct but to feed newsworthy information to the Media, and here are the facts.
a) 1 MM people in the line for EB green card
b) All of them highly skilled with at least bachelors
c) Average income 75K +
d) Average family size: Slightly more than 2 .
e) Life Dream : The American Dream
f) Bottleneck to the life dream : The long ,excruciating backlogs.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
more...
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chicago60607
09-10 05:36 PM
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
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zuhail
03-11 09:23 PM
I have emailed the IV administrators seeking the opinion of the IV team and
about prioritizing the recapturing of visa numbers on the IV agenda.
May be I would be able to speak with one of the IV administrators about this issue soon.
about prioritizing the recapturing of visa numbers on the IV agenda.
May be I would be able to speak with one of the IV administrators about this issue soon.
more...
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tjayant
11-21 09:45 PM
Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485
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greyhair
03-12 01:50 PM
Mr greyhair with brown matter,
I don�t know those folks you are comparing with me. I just said that IV opened a donor only post in wake of delayed April visa bulletin. I wonder why they did this as this was the time to educate/ inform all the members with whatever information they had (Now it is proved they had no info). This is not what a �non profit� organization or any organization would do in a time of uncertainty
This is obvious that IV can not dictate either USCIS or DOL nor they had any information on April visa bulletin but they did not have to hide anything related to delayed visa bulletin fom the non paying members.
IV is a great platform that bring together all of us under one umbrella so that we all share the information and make plans on how to make employee based immigration more hassle free.
As far as is concerned yes I go there and my id there is same as here. I go there so that I could share my knowledge and experience and gather the same from other folks in the same boat as me and this is the same reason I visit IV.
As far donation is concerned I donated once but after that I could not do it for my personal reasons. I will definitely donate once I am out of my crisis, but yes whenever, there has been any campaign initiated by IV of sending letters or faxes I have done my part sincerely.
I don�t know why people like you think that is there enemy in fact they both are there for the same cause and can work together (I don�t know about any past clashes if any between and IV management)
All I want is that IV be more informative to its members.
So Mr brown matter don�t talk more than what your brain can think of.
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
I don�t know those folks you are comparing with me. I just said that IV opened a donor only post in wake of delayed April visa bulletin. I wonder why they did this as this was the time to educate/ inform all the members with whatever information they had (Now it is proved they had no info). This is not what a �non profit� organization or any organization would do in a time of uncertainty
This is obvious that IV can not dictate either USCIS or DOL nor they had any information on April visa bulletin but they did not have to hide anything related to delayed visa bulletin fom the non paying members.
IV is a great platform that bring together all of us under one umbrella so that we all share the information and make plans on how to make employee based immigration more hassle free.
As far as is concerned yes I go there and my id there is same as here. I go there so that I could share my knowledge and experience and gather the same from other folks in the same boat as me and this is the same reason I visit IV.
As far donation is concerned I donated once but after that I could not do it for my personal reasons. I will definitely donate once I am out of my crisis, but yes whenever, there has been any campaign initiated by IV of sending letters or faxes I have done my part sincerely.
I don�t know why people like you think that is there enemy in fact they both are there for the same cause and can work together (I don�t know about any past clashes if any between and IV management)
All I want is that IV be more informative to its members.
So Mr brown matter don�t talk more than what your brain can think of.
You are accusing IV for cheating before saying IV is a great platform. Can't you make up your mind. You sound more like that Congressman Massa from NY. I am no Glenn beck so now don't start to tickle me.
more...
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jprangi
07-03 02:10 PM
Hello All,
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
This whole story is a mess. USCIS is very much wrong on what they did. We all ended up in spending hundreds of thousands of dollars and on average one week of time to file the application. Few people took off from their work to complete the application on time. Few people paid as much as $700 for medical.
I have seen tons of blogs on internet and every blogs is talking about the same things.
Even though there are hundreds thousands of people were suffered. I don't see a single line on any major new web website or TV news channels. I doubt if any senator even knows how USCIS has been torturing (emotionally as well as financially) good, educated, responsible, and legal residents.
Dont you think its time to wake up and scream so loudly that these deafs can
hear and feel the pain.
Dont you think its time to help yourself. Forget about your employers, its not in their benefit to fight for you.
Dont you thinks its time for US citizens to know what their great US govt ( lovely responsible senators) are doing for legal resident. They are working hard to make illegals (out of them so many are criminals) legal. Giving hard time to legals.
Dont you think its time to tell every one that what can happen to America if we go mad and do system maintenance by running the command "rm -rf /*"
MAY BE ITS THE TIME TO COME ON ROADS IN LA, Chicago, NY, and Washington DC.
Its time to tell them that we can do it and we can do it very hard.
Its time to stop beating around bush and do something useful.
Just some thought..
-JP
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vin13
11-10 11:07 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
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar 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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states 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. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
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
Seriously guys,
We worked on putting a draft letter to address quarterly spillover just yesterday. We even planned for a conference call. We ended up with just two of us. The draft letter is still out there in Donor forum:Quarterly spillover
There is more talk than people wanting to really do something. We cannot get people to attend a conference call. How can we expect to mobilize to go to court?
Here is the draft. See if some of you can use it to fight the cause.
----------------------------------------------------------------------------------------------
Dear Mr. Charles Oppenheim,
First of all we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on I485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across to other countries here after referred as �Spill-over� process. Looking at the VISA date movement over previous few years in last calendar quarter made us believe that Spill-over followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar 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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states 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. We feel that *quarterly Spill-over helps* both the administration as well as applicants.
Quarterly Spill-over will benefit administration by:
1) Steady VISA movement will increase visibility for the administration in turn will help administration to forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better manage efficiently, as Spill-over is divided in 4 quarters, rather only in last quarter.
4) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are near Approval dates.
5) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.
Quarterly Spill-over will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Spill-over process as defined by law will be WIN-WIN for administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule. Thanks,
hairstyles poems^quotes.
DarkChild
02-16 07:01 AM
my motto is "don't start anything you can't possibly win" so i'm not gonna start on this man, that is just sick...
jcmenon
07-24 02:08 PM
We can not file for 485 that is the reason we need to let our voices heard to USCIS, it may be waste of time for some one but at least it would be worth a try.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
We did try a lot with S1932, outcome zero.
We did try a lot with CIR, outcome zero.
When so potentially yielding means(S 1932 and CIR) can fail in a same way USCIS option may also fail, but at least we know that we tried this option.
If stuck labor says it is a waste of time (No offence taken), I am not going to buy his arguement, just because he is a super moderator. maximun he can ban me from the site, but I donot worry of voicing my openion for an issue that I think might work out.
Lets do an openion poll and decide how many are in favor of this.
rock
06-23 10:25 AM
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
Yes, you can continue to file and use AD and AP while dates retrogressed. Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
Any help would be highly appreciated.
Yes, you can continue to file and use AD and AP while dates retrogressed. Thanks Volemar for the reply. Do you have any official link for both these answers? I just want to apply EAD along with I-140 and I-485. I will not use EAD until the I-140 is approved. Every time I talk to my employer and attorney, they always ask me about the proof in form of any official uscis link for any damn thing.
Any help would be highly appreciated.
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