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,
wallpaper Love last forever - Tattoos 6
mhathi
03-03 04:51 PM
You need an option: My home buying decision is independent of green card process.
spicy_guy
07-27 05:29 PM
Guys (and guns),
Need a suggestion on finding a job!
My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.
She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.
From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.
I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.
So what do you guys suggest?
Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?
(I don't see so many job openings for freshers / juniors. Very very limited.)
Need a suggestion on finding a job!
My friend has a master degree in India and worked in India for 6 months in Seimens before coming to US. Now she has EAD and would like to start working. Its been 3 years she left India and been idle.
She would like to start as a fresher / jr in IT though she has little experience.
When I asked a couple of guys, they suggested to approach Desi consulting companies.
From what I heard, they train and put up some fake exp and then apply for jobs (and of course need to sign a contract). But she doesn't like that.
I know a lot of people are in this situ too. I believe some of you have been here for a long time and have dealt with desi and US consulting companies. Some of you guys have good insight into these matters as well.
So what do you guys suggest?
Approaching Desi co is a good idea? or try for a full time employment with some US cos?
I was told that Desi cos know tricks of the trade. Not sure how true this is.
Or US consulting companies?
(I don't see so many job openings for freshers / juniors. Very very limited.)
2011 got a new gun tattoo,
chanduv23
07-01 11:58 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
more...
pappu
04-05 11:52 AM
One more day to go before the end of this campaign.
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
Here is another incentive to make these call:
I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.
I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!
http://immigrationvoice.org/forum/showthread.php?p=56064#post56064
Please join this campaign
HawaldarNaik
03-09 12:27 PM
Where is the great predictor :D
Right now he is looking into his globe...and making corrections to his calculations...so lets call him the 'Corrector' for now...and wait for his next predictions or 'pears of wisdom':D
Right now he is looking into his globe...and making corrections to his calculations...so lets call him the 'Corrector' for now...and wait for his next predictions or 'pears of wisdom':D
more...
delhiguy
07-09 04:12 PM
delhi..
what is your PD?
2007
what is your PD?
2007
2010 Forever and ever. Key tattoo
GCAmigo
12-27 09:02 AM
My son who is in high school goes for a federal funded summer program every year.. he is cursing me now as he cannot claim the $1000 stipend since he doesn't have an SSN..
more...
WaldenPond
02-19 07:45 AM
Hello retrohatao,
Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.
You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.
Hello willgetgc2005 wam4wam & stirGC,
I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.
Regards,
-WP
Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.
You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.
Hello willgetgc2005 wam4wam & stirGC,
I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.
Regards,
-WP
hair Made with the Back Tattoo
alisa
01-19 06:15 PM
Thanks jungalee43...
Bumping up this thread.
BTW, this is the best we have got so far. If anyone can improve on this, please let me know. I will look into this in detail later. An online tool that shows a person how screwed up they are (or are not) due to retrogression should also be helpful.
I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
Bumping up this thread.
BTW, this is the best we have got so far. If anyone can improve on this, please let me know. I will look into this in detail later. An online tool that shows a person how screwed up they are (or are not) due to retrogression should also be helpful.
I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
more...
vshar
03-12 09:59 AM
Priyah Dosto,
Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.
believe me I laughed for 2-3 minutes after reading your comment. Keep it up.:D
Visa Bulletin Gaand Mein Ley Lao Ab..... Kuch nahi hone waala.
believe me I laughed for 2-3 minutes after reading your comment. Keep it up.:D
hot Winona Forever tattoo – an
tikka
06-12 10:21 AM
Here is a link ...that does talk about issues related to legal immigration ...IV is also mentioned in this article
http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html
Thank you
http://www.ibnlive.com/news/world/06_2007/bush-gives-indian-immigrants-hope-42746.html
Thank you
more...
house Shane Messer (after forever tattoos) | profile comments on Myspace
oliTwist
01-17 03:06 PM
Sometime back I had read this book Inscrutable Americans by Anurag Mathur (http://www.amazon.com/Inscrutable-Americans-Anurag-Mathur/dp/1577310241) which is kind of hilarious story of someone like us duriing late 90s. I guess now your (many of our story) would worth another book :)!!
tattoo around an existing tattoo
yagw
07-13 10:06 AM
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
more...
pictures His quot;Winona foreverquot; tattoo,
Jaime
09-12 05:19 PM
Talk to us! What is preventing you from attending??? Let's GO! Let's do this!!!!
dresses David Beckham forever tattoo.
supers789
11-22 10:28 AM
Ok. Here is a question I have.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
more...
makeup England Forever Tattoo Bulldog
jayleno
10-15 03:31 PM
Buddy did you even read what I said???
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
Looks like you have a plan here. Yep.. lets go ahead and irritate the hell out of USCIS and every agency out there.
I'm out of here guys
All the best..
girlfriend England Forever Tattoo Bulldog
kiran24
06-10 04:05 PM
sent it.
hairstyles To not get another bad tattoo.
immig4me
02-04 03:52 PM
/\/\/\
Jaime
09-11 03:38 PM
If people were looking for yet another reason to attend the rally, here it is! If you are EB3 your wait just got much longer! We need to get that changed! By going to Washington!!!
nat23
06-13 08:41 AM
Interesting Article on the revival of the CIR
http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm
http://www.usnews.com/usnews/politics/bulletin/bulletin_070613.htm
