minimalist
01-30 04:40 PM
I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.
Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.
The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.
Peace out.
PS:Aksham,this is not directed at you.
I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.
Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.
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letsgetit
05-23 09:04 AM
Sent email to senators in my area of virginia and also called the senators..Will call more and send emails.
Thanks IV for the job you are doing...It is indeed commendable.
Thanks IV for the job you are doing...It is indeed commendable.
GCnew
11-30 05:41 PM
I have heard that getting a Canadian Green Card is faster. May be that is another alternative for you.
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mumbai
02-24 10:20 AM
Contributed $50 to this.
Paypal transaction ID for this payment is: 67A1893865488893N.
Paypal transaction ID for this payment is: 67A1893865488893N.
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reddymjm
06-13 05:30 AM
As far as I can tell from this thread, no one who was eligible to file 6/1 has had receipts yet.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
I was told, attorney / employer will receive notice of receipt for I 485, not employee. For EAD / AP - that goes to employee, not attorney / employer
I got 3 out of 6 on monday by mail.
Googler
07-09 12:36 AM
My analysis is minimally, if at all, dependent on India, China, ROW, ...
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
22 CFR Part 42:51
http://a257.g.akamaitech.net/7/257/2422/01apr20051500/edocket.access.gpo.gov/cfr_2005/aprqtr/22cfr42.51.htm
In general read 22 CFR Part 42
http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html
Offcourse I don't know all laws. I will believe DOS/USCIS URLs that explain how VB dates are set.
In general, it will be very useful to finds URLs that explain VB date setting and identify USCIS inconsistencies which they call LAW.
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
22 CFR Part 42:51
http://a257.g.akamaitech.net/7/257/2422/01apr20051500/edocket.access.gpo.gov/cfr_2005/aprqtr/22cfr42.51.htm
In general read 22 CFR Part 42
http://www.access.gpo.gov/nara/cfr/waisidx_05/22cfr42_05.html
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obviously
07-28 01:53 PM
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
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smuggymba
07-21 10:34 AM
I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?
more...
makemygc
08-01 04:52 PM
My friends check encashed today from TSC. His Attorney send application (6/20) to NSC and received there on 6/21.
So long way to go... I am not sure next weekend estimate will also hold good for July 2nd filer. :) Don't kill yourself and it will not make it faster.:D :D :D
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
So long way to go... I am not sure next weekend estimate will also hold good for July 2nd filer. :) Don't kill yourself and it will not make it faster.:D :D :D
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
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amsgc
03-10 01:48 PM
what makes you think i am sitting at home waiting for the gc?
my post was in response to Sayantan's post - go back and read what he said.
The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?
Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.
my post was in response to Sayantan's post - go back and read what he said.
The waiter is waiting at the restaurant table for five years. You are waiting at home (for a GC). Who is better?
Anyway, you are mixing two different issues. The Nepali guy came to the US on diversity grounds (no matter what his education is). US law promotes diversity, meaning faces from all over the world. Family and Employment are other two categories. In EB category, of course, higher education stands higher priority. Family and Diversity are diffrent categories with criteria.
more...
Jyotsna
09-10 07:10 PM
I don't usually comment on such posts and I have seen a lot of people take the side I am about to take. I just think you are being unnecessarily rude. It is these people and their opinions that cause IV to exist as a group. Lets say you are going to lock membership only to people paying a membership fee every month. How big a group are you going to get?
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.
If it is going to be significant, then maybe that's the way IV should go and should just shut down public forums where there are members who can talk and members who have "not bought their right to talk"
I bring up the "monthly membership" issue because I did make donations on multiple occasions (you should probably look up your records and verify). And yet, under the new design, I am not a donor, I do not get access to the exclusive threads that only the privileged monthly members do. So, just like the OP, I am a thankless member who thinks the group is thankless. So, I do not know what initiatives IV has taken, but yet, I linger around the forums because it has so many smart people throwing around ideas, working on theories and just being friendly.
Maybe you should just create a little forum of yours in one corner and put walls around so no one can come in and make suggestions about things you won't tell them about. Does it take that much effort to be nice to someone? Just remember that he is free to tell you what to do irrespective of who he is. What you actually do is upto you. Just be nice for a change, it will make you get a whole new perspective on life!
I totally agree with your Deepak. People have to understand that everyone in this forum is going through the same situation but in a different way. And sharing views participating should be open to all. If one can contribute in any way should be appreciated or else Like you said there should be a wall.
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simple1
05-01 02:02 PM
thanks. IV Core could you please discuss and advice ?
This is an excellent point. I would like to raise this up in next IV conference call.
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
This is an excellent point. I would like to raise this up in next IV conference call.
Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.
Maybe someone more knowledgable or from the core members can throw some light on this.
more...
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raju123
07-09 06:42 PM
woowww great news. keep up guys. tomorrow will be our day. I am sure media will have big attention on this issue!!
It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
+++++++++++++
It would be great, if few people remain present at USCIS HQ. DC, VA, MD people please it is golden chance !!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
+++++++++++++
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YesGC_NoGC
06-27 10:19 AM
What is the commitment period? I know this is frustrating but deal with that as time passes by, who knows you manager changes by the time you decide to change the job or your client send a request to hire you to your vendor and in general no vendor refuse client request. Once this agreement is in file do you think someone will have time to bring this up and read clause by clause that too when you have left... there can be many reasons to leave and can not be covered under any agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
I will not worry about sigining this, this has no value once you get GC or become full time employee,in order to execute this agreement , they have to make sure/prove they have this agreement with each and every employee. Legal terms "EMPLOYMENT IS AT WILL" in order to chase you for 10K they need to spend time & cost both.
Here you go - These are the wordings !
$$$$
1. Employee had agreed to pay $ 10,000 if Employee resigns within first year of receiving the green card (hereinafter �Commitment Period�). After payment of the salary for the working days till the commitment period subject to all applicable payroll taxes and deductions, completes the transaction and Employee agrees that he has no other claims against the company.
$$$$$
Also there are more sensitive clauses like >>>>
8. EMPLOYEE ACKNOWLEDGES THAT THIS AGREEMENT CREATES A PERMANENT BAR AGAINST THE FILING OF ANY LAWSUIT OR THE ASSERTION OF ANY LEGAL CLAIM WHATSOEVER AGAINST ANY RELEASEE WITH RESPECT TO ANY ACTS, OMISSIONS, OBLIGATIONS, BREACHES, OR DAMAGES ARISING OR OCCURRING PRIOR TO THE EXECUTION HEREOF, WHETHER KNOWN OR UNKNOWN BY EMPLOYEE.
BY SIGNING THIS AGREEMENT, EMPLOYEE STATES THAT HE:
a) HAS READ IT AND HAS HAD SUFFICIENT TIME TO CONSIDER ITS TERMS;
b) UNDERSTANDS IT AND KNOWS THAT HE IS GIVING UP IMPORTANT RIGHTS;
c) AGREES WITH EVERYTHING IN IT;
d) HAS CONSULTED WITH AN ATTORNEY BEFORE SIGNING IT; AND
3
e) HAS SIGNED IT KNOWINGLY AND VOLUNTARILY.
FOR A PERIOD OF SEVEN (7) DAYS AFTER THE EXECUTION OF THIS AGREEMENT BY EMPLOYEE, EMPLOYEE MAY REVOKE THIS AGREEMENT; AND THIS AGREEMENT SHALL NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL THE REVOCATION PERIOD HAS EXPIRED.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement.
more...
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makemygc
07-02 09:14 AM
Sent via USPS
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
on 06/30/2007
2nd Day delivery
Tracker indicates its in LINCOLN,NE
Expected/Promised delivery time - 3PM, 07/02/2007
How did you get to see LINCOLN, NE? When I put my tracking info on USPS.com, it only shows:-
The U.S. Postal Service was electronically notified by the shipper on June 29, 2007 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if / when available. Information, if available, is updated every evening. Please check again later.
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justAnotherFile
07-20 12:07 PM
As far as ideas for mode of Re-imbursement,
it is quite simple and straightforward I think.
1. Publish Aman's address,
2. Instruct all pledgers to send cheques to his address made Payable to "Aman Kapoor".
3. Publish a letter template, which states something to the effect "I am hereby sending a cheque for $xx to re-imburse Aman Kapoor for his expenses incurred while fighting for the rights of legal high-skilled immigrants. I am fully aware that this contribution is not intended to be used towards the Immigration Voice Non-Profit Fund and that it is specifically for re-imbursement of past expense incurred by Aman. I am fully aware that I am sending this amount of my own will out of gratitude towards him for fighting for my rights. I hereby also waive all my rights to request him to refund this amount or to file any litigation in this matter."
4. All pledgers have to send this signed letter along with their cheque.
Note:
- i have not thought about tax consequences and we should not discuss that here as it is a personal matter, rather you can chat with Aman and fine tune this method.
- it may be easier to set up a Administrative expense account within IV for this purpose as this may be ongoing affair, expenses incurred by core team is bound to keep going up in future.
it is quite simple and straightforward I think.
1. Publish Aman's address,
2. Instruct all pledgers to send cheques to his address made Payable to "Aman Kapoor".
3. Publish a letter template, which states something to the effect "I am hereby sending a cheque for $xx to re-imburse Aman Kapoor for his expenses incurred while fighting for the rights of legal high-skilled immigrants. I am fully aware that this contribution is not intended to be used towards the Immigration Voice Non-Profit Fund and that it is specifically for re-imbursement of past expense incurred by Aman. I am fully aware that I am sending this amount of my own will out of gratitude towards him for fighting for my rights. I hereby also waive all my rights to request him to refund this amount or to file any litigation in this matter."
4. All pledgers have to send this signed letter along with their cheque.
Note:
- i have not thought about tax consequences and we should not discuss that here as it is a personal matter, rather you can chat with Aman and fine tune this method.
- it may be easier to set up a Administrative expense account within IV for this purpose as this may be ongoing affair, expenses incurred by core team is bound to keep going up in future.
more...
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gc28262
07-19 07:56 PM
My thoughts:
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
I understand and share the despair and hopelessness felt by EB3 guys.
Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.
Spillover issues:
Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.
If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.
Here is an official IV discussion about spillover rules:
ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)
Visa spillage rules
There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.
If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.
Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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CADude
08-27 12:47 PM
it's not mine case. Clockwork reported some LUD for I140 some where. May be Aug 5? Not sure. But I think LUD of I140 doesn't matter. This is my personal opinion.
Congrats ! Any LUD on your application?
Congrats ! Any LUD on your application?
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texcan
09-25 09:28 PM
All,
Today my attorney received all 6 receipts.
Case filed (485): NE (140 approved from TSC)
Filed date: Jul 25, Received jul 26
LUD on approved 140 - aug 5 & aug 12
Receipt date Sept 17th for 485, 131, 765
Online status: EAD -card production ordered on Sept 24th.
Good luck to everyone. Looks like TSC is moving.
let me know if someone has any questions.
Today my attorney received all 6 receipts.
Case filed (485): NE (140 approved from TSC)
Filed date: Jul 25, Received jul 26
LUD on approved 140 - aug 5 & aug 12
Receipt date Sept 17th for 485, 131, 765
Online status: EAD -card production ordered on Sept 24th.
Good luck to everyone. Looks like TSC is moving.
let me know if someone has any questions.
sapota
10-08 12:51 PM
I also want USCIS to count my legal presence in the US prior to obtaining permanent residency (GC) for naturalization purposes. (Canada does this - 50% credit for time spent legally before obtaining permanent residency).
I want. I want. I want. :)
I want. I want. I want. :)
arnet
06-28 03:20 PM
thanks waldenpond.
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