trramesh
01-16 08:10 AM
I voted, but the total number of votes is too small that it may be dusted out. I am planning to send emails to my groups to vote for this.
Many seem to be interested, but not showing it in action. Guys, do something than do nothing and blame your bad luck later.
rammy
Many seem to be interested, but not showing it in action. Guys, do something than do nothing and blame your bad luck later.
rammy
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gc_wow
09-24 08:36 PM
Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.
waitnwatch
08-21 12:33 PM
Yes, the same law can be interpreted like this:
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(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.
EB1-ROW unused visa will go to EB2-ROW
EB2-ROW unused visa will go to EB3-ROW
Same for each country.
But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?
So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.
So where is the correct interpretation? Does any body know?
Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.
The bottom line is that there should not exist such severe retrogression and that is what all of us should work to remove. But the law is what it is -
The law makes allotment between categories (EB1, EB2 and EB3) in Sec. 203 of the INA. Section 202 talks about country limit (note the exception clause which provides for the parallel distribution as the country limit becomes invalid if more visas are available in a category than is consumed using per country limitation).
Excerpt from Section 202 of the INA
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(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.
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Michael chertoff
03-29 12:35 PM
Lets treat good news for EB2 as good news for EB3 also.
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
What are you talking about? this is not a good news, we will decide that after May Visa Bulletin. For now just read that as a publicity stunt from lawyers and forget about it.
MC
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
What are you talking about? this is not a good news, we will decide that after May Visa Bulletin. For now just read that as a publicity stunt from lawyers and forget about it.
MC
more...
GCisLottery
06-29 04:45 PM
If the rumor turns out to be true in two days, I strongly believe it's a conspiracy.
When the CIR was revived, there was a strong feeling that the senate will pass based on the negotiations. Since CIR is horrible for those who are currently in line(including us), somebody/some group panicked and triggered the bulletin.
Now that CIR is officially dead and buried, status-quo is OK, so thought that somebody/some group.
Oh well....
I only pity the H4s out there.
When the CIR was revived, there was a strong feeling that the senate will pass based on the negotiations. Since CIR is horrible for those who are currently in line(including us), somebody/some group panicked and triggered the bulletin.
Now that CIR is officially dead and buried, status-quo is OK, so thought that somebody/some group.
Oh well....
I only pity the H4s out there.
newtoearth
06-16 03:25 PM
But you have put your post in the forum and in this thread. You didn't send him PM.
It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.
Have a good day!
I addressed it to OP, are you same?
It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.
Have a good day!
I addressed it to OP, are you same?
more...
hpandey
08-07 02:39 PM
I think we should concentrate on things which are beneficial for everyone - not only EB1-2 or 3 . We should get USCIS to improve efficiency, use all visas, get applications processed according to their PD and not randomly and above all do away with the country limits which is the biggest cause of this retrogression.
When there are so many big issues pending I wonder why not concentrate on them instead.
There are so many people from all EB categories whose I-140 has been pending for more than a year. Shouldn't that be a priority also because without an approved I-140 their GC will also not be approved even if they have a PD from 2001-2002.
There are more important issues at hand here as I see it.
When there are so many big issues pending I wonder why not concentrate on them instead.
There are so many people from all EB categories whose I-140 has been pending for more than a year. Shouldn't that be a priority also because without an approved I-140 their GC will also not be approved even if they have a PD from 2001-2002.
There are more important issues at hand here as I see it.
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snathan
08-20 12:06 PM
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Thanks.
Nice one thanks....
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jags_e
07-09 08:11 PM
There is achance that the TV hosts may take us seriously.
Also, If we believe in Gandhian way, we shouldn't care...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
jazz
Also, If we believe in Gandhian way, we shouldn't care...
No publicity is bad publicity... and I doubt the talk show hosts would poke fun at us for this creative form of protest.
jazz
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spicy_guy
03-29 01:39 PM
Lets treat good news for EB2 as good news for EB3 also.
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
Hoping for the best. Can't see waiting for another half a decade to get our GC.
In 6 months?!?! May be toooo optimistic!
At least EB2 comrades are enjoying the news at least after quite sometime!!!
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
Hoping for the best. Can't see waiting for another half a decade to get our GC.
In 6 months?!?! May be toooo optimistic!
At least EB2 comrades are enjoying the news at least after quite sometime!!!
more...
BharatPremi
09-24 06:04 PM
Many of us could be over-qualified for our current EB3 position (after so many years of wait) and is accepting the current position only to strictly adhere to "same/similar" job classification. In that case employer can file a GC for our real qualification i.e. Eb2.
Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.
One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.
Yes agree. The point is that for an example in September 2008 if you used AC21 then on that date you and your employer claimed that your skills are matching for "particular EB3 job classification" . Now if you go interfiling to USCIS in March 2009 then USCIS doubt as logically employer ca not establish the "natural skill progression" within 6 months.
One more thing - RFEs. Although people used AC21 in 2007 or start of 2008, just recently USCIS sent RFEs to many. All of them have just finished replying those RFEs in which hthey claimed that they are still working on a "same job" matching EB3 skill. My employer sent that RFE response in May 2009. So my clock starts again from May 2009. In December 2009 it is almost impossible for my employer to show that " I am fit for advanced skills". So this is the glitch that lot many lawyers are strongly hesitant to proceed on interfiling.
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chanduv23
10-30 10:45 PM
I received a response from the ombudsman. I am not sure if our issue is properly understood by his office. When we write about AC21 issues, the response talks about I-140 delays. Gurus, please help me understand the contents of the response below:
Dear xxxxxxxxx:
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.
Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.
I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.
Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.
Office of the Ombudsman
Lets continue to do what we are doing. It is very essential that all of us participate in this campaign to make it a success.
Dear xxxxxxxxx:
Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding I-140 processing at the Service Centers. We are well aware of the processing delays at all of the Service Centers and the AC21 issues created by these delays. USCIS has taken steps to address the processing delays, but their efforts have not come about swiftly. We have received several inquiries such as yours and are very concerned. We are currently discussing these issues with USCIS and continuing to review their policies and procedures concerning these petitions. Hopefully we will soon be able to help USCIS with a recommendation to address the I-140 delays and AC21 problems.
Generally, we do not accept case problems presented by emails. Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/). If you have an individual case problem, please follow the instructions outlined at the website.
I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS� practices and procedures.
Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.
Office of the Ombudsman
Lets continue to do what we are doing. It is very essential that all of us participate in this campaign to make it a success.
more...
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logiclife
01-31 10:54 AM
Sammy boy is the newest supreme court Judge. He won by a 58-42 vote. (well, there are some votes where all 100 senators do show up and vote).
Anyways, this clears the way for next items on Senate's agenda. Immigration is one of them. Unless the hearings on NSA wiretaps take too much time and energy out of the Senate Judiciary committee. Hopefully they wont come in the way of immigration reform.
--logiclife.
Anyways, this clears the way for next items on Senate's agenda. Immigration is one of them. Unless the hearings on NSA wiretaps take too much time and energy out of the Senate Judiciary committee. Hopefully they wont come in the way of immigration reform.
--logiclife.
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ArunAntonio
06-21 02:21 PM
OK I will help in the research.. but this is what I have seen.. all the lawyers are just advising or strongly advising.. no one has metioned why one should NOT do multiple applications, the only reason I have heard so far is that multiple applications (4 - if both the spouses apply for each other as dependents) may cause confusion in allocating the A# and that may lead to problems and complications and eventual delays....
but both me and my wife already have A#'s so does that mean that there wont be any confusion as uscis need not allot A#'s for us.....
jeez.. man ... some one should know better......
anyways I will do more research and pm you if I find any more information apart from what I have stated above.
ArunAntonio, can you pls help search other threads so that we can lay all arguements in one thread and see how different lawyers approach this issue. Only pick answers from lawyers and no opinions. Once we have all advices in one place it will be easy to decide and see pros and cons
but both me and my wife already have A#'s so does that mean that there wont be any confusion as uscis need not allot A#'s for us.....
jeez.. man ... some one should know better......
anyways I will do more research and pm you if I find any more information apart from what I have stated above.
ArunAntonio, can you pls help search other threads so that we can lay all arguements in one thread and see how different lawyers approach this issue. Only pick answers from lawyers and no opinions. Once we have all advices in one place it will be easy to decide and see pros and cons
more...
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gc28262
06-13 01:25 PM
gc26...., It seems that you have missed the point again. Any logical person will have the capability to comprehend that this thread is against visa abuse in L1 category.. If you still didn't get it, objective is to explore the options to report abuse of L1. Benefits are: genuine people still get the opportunity, reduce over supply in market, not bring wages down etc.
Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...
Totally, non baseless argument by you and Ganguteli...
I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.
BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.
Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...
Totally, non baseless argument by you and Ganguteli...
I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.
BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.
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tdasara
06-19 09:37 AM
Where should the EAD and AP be filed?
more...
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bobopotato
05-22 08:20 AM
Would anyone be able to advise if I can travel out of the country after I've filed the 485 if I have an approved I-797 approval notice (for H-1B) but old H-1B stamp in pp has already expired?
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
If I travel out and then get the H-1B visa stamp at an outside consulate, I would be able to travel back in, but would I have considered have abandoned the 485 application? (since I travelled out without a valid H-1B stamp in pp)??
Can I travel out even before my AP arrives? Or does having an AP make a difference? I would prefer to stay on H-1B status since you never know what happens to the 140/485 application.
Thanks for the help guys.
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trueguy
01-24 03:08 PM
Recently I travelled by Jet Airways and I had very good experience. They provide world class service even for Domestic flights and their international flights are just awesome. Brand new aircraft with bigger tv screen and they fly ontime. Also, no transit visa required at Brussels so no hassle for TV.
The only drawback of this is that you are not allowed to carry any liquid (including liquor) from US. However, you can buy as much as you want at Brussels airport and the prices are same as in US.
Thanks.
The only drawback of this is that you are not allowed to carry any liquid (including liquor) from US. However, you can buy as much as you want at Brussels airport and the prices are same as in US.
Thanks.
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drirshad
01-04 11:48 AM
Can we atleast run it by Attorney Khanna rskhanna@immigration.com or Mattew Of immigration-law.com get a feedback of the possibilities.
Hunter
05-09 05:40 AM
I agree I too have never seen H1B only ad's anywhere even body shoppers never post this kind of ad which is blatant discrimination. .
IGATE Mastech was fined by DOJ not too long ago
http://www.theregister.co.uk/2008/05/02/h1_b_discrimination_doj_fine/
Pittsburgh computer consultancy is paying $45,000 in civil penalties over claims it discriminated against legal US residents by advertising only for developers on H-1B visas.
The case was brought against iGate Mastech for placing an ad for 30 programmers between May and June 2006 "that expressly favored H-1B visa holders to the exclusion of US citizens, lawful permanent citizens and other legal US workers" according to the US Department of Justice.
So-called citizenship status discrimination is prohibited by the US Immigration and Nationality Act. The DoJ said it is "committed to protection the right of all authorized workers in the United States against citizenship status discrimination".
Get your facts right before posting. mastech is not the only firm that did it. As you pointed out, many of these fly-by-night operators (and bigger outsourcing companies) offer below market salaries, pocketing the difference like parasites.
IGATE Mastech was fined by DOJ not too long ago
http://www.theregister.co.uk/2008/05/02/h1_b_discrimination_doj_fine/
Pittsburgh computer consultancy is paying $45,000 in civil penalties over claims it discriminated against legal US residents by advertising only for developers on H-1B visas.
The case was brought against iGate Mastech for placing an ad for 30 programmers between May and June 2006 "that expressly favored H-1B visa holders to the exclusion of US citizens, lawful permanent citizens and other legal US workers" according to the US Department of Justice.
So-called citizenship status discrimination is prohibited by the US Immigration and Nationality Act. The DoJ said it is "committed to protection the right of all authorized workers in the United States against citizenship status discrimination".
Get your facts right before posting. mastech is not the only firm that did it. As you pointed out, many of these fly-by-night operators (and bigger outsourcing companies) offer below market salaries, pocketing the difference like parasites.
bayarea07
09-15 03:57 PM
How about signing for efax,its free for first 30 days and using that send Faxes to senators.
Its easy you just send a email to the Fax Number with document as a attachement
http://home.efax.com/s/r/efax-brand9?VID=33675&gclid=CIL40rnJ3pUCFQykagodvDFGXw
Why we cannot have a EFax facility on this site so that people can send fax to senators.
Sometimes People find Efaxing easier than calling
(especially passive viewers of this site)
Its easy you just send a email to the Fax Number with document as a attachement
http://home.efax.com/s/r/efax-brand9?VID=33675&gclid=CIL40rnJ3pUCFQykagodvDFGXw
Why we cannot have a EFax facility on this site so that people can send fax to senators.
Sometimes People find Efaxing easier than calling
(especially passive viewers of this site)
