ItIsNotFunny
03-10 04:04 PM
We keep doing feasibility discussions within the team and with our advisors before launching a campaign. We did work on some in your list above + more last year and got a couple of successes in return. Admin fix for 2 year EAD, visa recapture bill introduction are some.
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
I feel some admin fixes can be possible at this time and some advocacy effort with USCIS can help us get more efficient service. FOIA campaign is a step in that direction. Please support it to make it successful so that we have resources and participation to move forward.
I think we should take visa re-capture as high priority once we clear FOIA issue. Whats your opinion?
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CSPAvictim
07-09 06:30 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
rbalaji5
09-19 10:17 AM
Silicon Valley - The best place for these kind of effort..:)
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gc28262
03-10 03:27 PM
Before taking up any agenda, check with IV core whether it is the right time.
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
If it was the right time, why wouldn't IV core initiate any action items when members are so willing to take up those ?
more...
nitlsu
11-20 05:37 PM
Here's the correct link,
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
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puddonhead
08-10 02:25 PM
I think it will be a lot easier to focus out energies to port ourselves to EB2/EB1.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
Most of us would have bachelors + 5 years. So EB2 shouldn't be any problem as long as you are willing to change jobs and the employer is willing to file for GC.
Personally, the next time I'm in a position to drive a hard bergain for a job negotiation (still difficult in the current economic environment) - I will try to shoot for a 1 year foreign assignment -> EB1 route. I still curse myself for letting go of one such opportunity in 2006 becuase I did not want to go to London.
So if anybody knows companies that have started filing for GCs again after the freeze of last year - please let us know.
I think that discussion will be far more productive than any wishful reinterpretation of the law.
more...
plassey
07-23 07:00 AM
You are one of the biggest "CROOK" I have seen in recent times. Just by writting rubbish does not makes u a real senior member. Most of the advise you have been giving to people are simply WRONG. For example in this case two visas?
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
If you had even slightest knowledge of immigration law, you should have known that you cannot have two active visas in you passport, unless you are a diplomat.
Do you have an i-94 for the H1B visa? Do you have 2 visas in your passport - L1 and H1? Or so you have an a receipt issued by the USCIS for the H1B
Please clarify
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hasil
03-19 06:36 PM
Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).
This madness has to stop !
:)
more...
eb3retro
08-19 03:35 AM
got my FP notice today..
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
I485 RD - 7/2/2007
ND - 8/3/2007
FP Date - 9/04/2007 (FP Notice received 8/18/2007)
Service Center - NE
I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?
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rayoflight
06-11 09:57 AM
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more...
pappu
01-02 08:13 PM
I have posted about immigrationvoice.org in following yahoo groups
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
Thank you very much
could you and couple of more members volunteer to post messages on the following sites
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
Pls post on this thread once you have posted.
IIT- Global (2526 members)
IIT-midwest(317 members)
IITK-westcoast(766 members)
Inter IIT (4654 members)
I hope this helps.
Good Luck to All
-Shukla
Thank you very much
could you and couple of more members volunteer to post messages on the following sites
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
Pls post on this thread once you have posted.
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paskal
07-16 06:18 PM
only the media can do this for us
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
they like exposes' don't they?
now how can we get them interested
would the nyt reporter that wrote a story on Numbers USA be interested in a follwo up on their tactics?
more...
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vin13
11-11 12:14 PM
We can all send a copy to the ombudsmand and DOS.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
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Macaca
09-11 01:38 PM
It's good to have money and the
things money can buy,
but it's good, too,
to check up
once in a while and
make sure that
you haven't lost
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George Horace Lorimer
things money can buy,
but it's good, too,
to check up
once in a while and
make sure that
you haven't lost
the things money can't buy
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more...
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hiyer31
01-26 12:00 PM
What happened to all the thesis and discussions? i felt disgusted listening to the state of the union address. i completely am of the opinion that everybody deserves a chance even those who are here illegally. But there is something wrong with a country which wishes to cater to them to favor them who broke the laws then the who indian community which barely breaks laws and is probably the most god fearing and law fearing group of people in this country. We have 0 representation in this nation. Taxation without representation. All the social security and medicare taxes I will never probably get to use it. I wish we could all muster the courage to quit the jobs and leave this country and let every client and employer deal with the fallout. Unfortunately we cant. Since there are 10 others in line behind me who will willing become slaves for the little comfort they get. Life has become very frustrating.
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pkak
07-09 08:10 PM
I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. This makes only 126,000. The remaining number was splitted for Consular processing.
my 2 cents...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).
37800+13000 is less than 60,000.
my 2 cents...
They cannot issue more than 37.800 visas for april-may-june quarter (0.27*140,000).
37800+13000 is less than 60,000.
more...
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indyanguy
02-20 06:49 PM
If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)
To interfile, do we need to start the PERM/140 process again for a different EB2 position? Do we port the date from EB3 to EB2 while we apply for EB2 140?
Is this a straight forward process? What happens if interfiling is denied?
To interfile, do we need to start the PERM/140 process again for a different EB2 position? Do we port the date from EB3 to EB2 while we apply for EB2 140?
Is this a straight forward process? What happens if interfiling is denied?
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nojoke
09-18 12:05 AM
Armageddon or not, smart or fool, time will tell. My view is recession yes, outside chance of a depression. Armageddon...........not really.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
I heard that he was asked by lehman to help them out and he politely refused.
I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.
Interesting thing is Berkshire stock is up while all this is going on. Gives you an idea how much high regard people have for its balance sheet, Buffet and Co. stock picking prowess and his 30 plus billion cash war chest at this time.
I heard that he was asked by lehman to help them out and he politely refused.
I hope this recession/depression doesn't spread to Asia. India will be our refuge if this affects job market here.
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Becks
07-12 02:39 PM
I guess if you are assigned a visa number, they may put your case as pending new 140 approval. Ammendment may not take much time. So keep fingers crossed. Good Luck.
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
malibuguy007
10-15 02:39 PM
I guess too many of us trying - the site is timing out on me
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