PresidentO
11-13 02:28 AM
Spill over does not need to happen every Q. It is purely based on demand and supply. If the visa office sees demand go south ( read really really south) and do not expect the demand to pick up for the rest of the year, yeah then the visa office will move the dated forward using spill over. if the demand is enough, meaning categories that are current are just using fine and CIS has enough backlogs VO does not move dates.
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
The most pre cautious option is (esp now that there are a shit load of pre adjudicated cases) is to leave the numbers for categories that are current until the final Q and then move the dates so that all current categories got a best shot at the visa number before it goes to the retrogressed. The visa office is pretty savvy and the numbers we saw from USCIS might be way off the real numbers the visa office sees and assigns a visa number for. Based on last 3 years, it seems that the DOS/VO knows the importance of visa numbers.
if you are talking lawsuit because you are frustrated, yeah vent it out. But if you are really serious go ahead and check the INA act and verify whether the INA act actually talks about quarterly allocation. Come up with the ground work, have a point and then think about lawsuit. No point in hallucinating.
Just an F Y I, I havent read all 5 pages of this thread
wallpaper quotes about changing the world. Changing The World Through
alterego
07-15 10:30 AM
Ramba,
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
"and the alien must have intended to undertake the employment, upon adjustment"
That is the line that is the big caveat in this question. You must demonstrate to the adjudicating officer(to his/her satisfaction) that you plan to go back to your petitioning employer once your green card is approved. Either that or you invoke the AC21 statute by fulfilling those requirements.
This answer was speaking to that point.
A withdrawn 140 is a bad news on either front. Especially when it happens with the future intent clause, then how can you say you and the employer still have intent. It won't fly with the adjudicator.
With the AC21, if the 180 days has passed then 140 withdrawal often still does lead to RFE and sometimes outright denial but the MTR and appeal process can be successful on the grounds of AC21 portability rules. There are people on this forum with such experiences. Try searching for it.
Once again, this is a delicate situation and the poster is best served with good legal counsel. We are all of course giving our best layman interpretations here.
rajeev_74
07-05 04:44 PM
Really shameful...we have a thick skin & a weak heart
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
Update: Thank you everyone who has contributed since July 2 when we announced the drive. Our total contributions from paypal and google are around $2,500 till now (despite having 15 k members). As you can understand this is hardly of any significance for even a small legal effort. A big lawsuit is out of question. Thus IV core will use it for IV activities to further pursue its advocacy efforts. IV encourages its members being a plaintiffs with AILF if they so desire. If you are an IV member and also a plaintiff, you can let us know for any guidance we can provide. IV will be coming up with more direction to its members soon. We will have some plan for everyone and will need participation from everyone. Please stay tuned.
2011 The changing world
rajkr
06-11 01:21 PM
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
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sunty
11-13 02:57 PM
Waiting for the January bulletin is good...The spillover "might" happen then. But we should prepare and be ready from our side, with letters, appointments with Congressmen/Senators etc., so that we can immediately start action once the Jan bulletin is out.
Indirant
01-31 08:22 PM
Hi,
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
Good work Varsha, are we having the conf call today let us know.
Thanks
Sekar
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nixstor
03-18 05:17 PM
I can use some help if I am missing some things here.
Snip from 202 a 5 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act202a&s_type=all&hash=0-0-0-1435)
(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.
Paragraph in the above corresond to each category. So paragraph 1 is EB1. Paragraph 2 is EB2 and so on. So the translation is what the VB exactly said.
What does 203 (b) 1, 2, 3, 4, 5 say?
Define EB1-EB5 categories. Find it here (http://www.uscis.gov/propub/DocView/slbid/1/2/15?hilite=).
I posted the same Q on Ron Gotcher's forum this afternoon and my post did not go through to be moderated (I got the message that the post was submitted and will be posted after moderator approves it) or the mod chose not to post it.
Snip from 202 a 5 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|act202a&s_type=all&hash=0-0-0-1435)
(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.
Paragraph in the above corresond to each category. So paragraph 1 is EB1. Paragraph 2 is EB2 and so on. So the translation is what the VB exactly said.
What does 203 (b) 1, 2, 3, 4, 5 say?
Define EB1-EB5 categories. Find it here (http://www.uscis.gov/propub/DocView/slbid/1/2/15?hilite=).
I posted the same Q on Ron Gotcher's forum this afternoon and my post did not go through to be moderated (I got the message that the post was submitted and will be posted after moderator approves it) or the mod chose not to post it.
2010 world changing for
ajju
03-18 10:56 PM
USCIS director took the course and he failed. Then he went to Moscow and bought a fake BPD&R degree for $175. No wonder we are in such a mess.
funny :-) lets hope new director had passed and don't possess another fake BPD&R degree :-)
funny :-) lets hope new director had passed and don't possess another fake BPD&R degree :-)
more...
paskal
12-26 03:23 PM
I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
hair Origin Changing the World
greencard_fever
09-05 02:43 PM
[QUOTE=imv116]
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.
chandu,its not same all the time as i believe in the candidate potential then the experience..i have seen so many case in my past 5 yrs of experience that a Guy who has 8yrs of experience failed to impress the hiring manager and technical lead in an personal interview where as a fresh graduate from well know university cracked the same interview a got the project� IT is the place where we all have to learn new thing every day...experience only matters how the a person approaching to get the things done...it all depends on how each individual is capable of job get done..this is what i belive in...no offence to any one.
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Openarms
10-17 11:23 AM
Notarized & mailed my FOIA letter yesterday.
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funny
09-11 11:38 AM
http://seeker.dice.com/olc/thread.jspa?threadID=9965&start=0&tstart=0
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
Lot of people are working hard to defeat this bill including Programmers guild. We need to act fast and aggressively. I think this postponment of the bill gave us another chance to lobby it strongly.
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pointlesswait
01-16 04:21 PM
about the dakumentary: nice idea
so the lead role must be an immigrant..i will gladly play the lead..;-)
Title: Harlot's of the GC
:rolleyes:
so the lead role must be an immigrant..i will gladly play the lead..;-)
Title: Harlot's of the GC
:rolleyes:
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kpchal2
07-18 09:52 AM
hi all, in the same boat too. mine was filed on july 2nd and there is a fedex confirmation about it. i did not hear from any one i know about these rejections or returns until i saw gregs blog. can any one shed a light if they know some one who got a reject. also can you please let me know if there is any way we can find out from uscis or from any one relevant about our application. it is too much of a hassle already and dont want to add more delays to this already cumbersome and sleepless process
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ssdtm
01-31 03:15 PM
What if the H4 candidate recieves H1 but decides not to start a job at all. What will be his/her status in that case? H4 or H1?
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superdude
08-06 05:04 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..
How come your priority date in the profile says Jan 06. And now you say Mar10 got approved. Please share more information on your case.
Priority Date:
Service Center:
Received Date:
Notice Date:
Changeability Country
How come your priority date in the profile says Jan 06. And now you say Mar10 got approved. Please share more information on your case.
Priority Date:
Service Center:
Received Date:
Notice Date:
Changeability Country
more...
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andymajumder
11-10 09:11 PM
I am with you and willng to contribute, but unless we are united and willing to take some action here, there's no hope. Even people who get approved now, never come back to contibute a penny - there has to be some provision of visa recapture.
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Jaime
09-28 06:11 PM
http://biz.yahoo.com/ap/070926/eu_immigration.html?.v=1
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va_dude
03-19 08:44 AM
Guys... can we drop the whole discussion about this guy's name.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.
furiouspride
08-10 03:25 PM
I would be more than happy to help with whatever ideas you have on mind. Even if IV decides to create an exclusive EB3 fund, count me in for any monetary contribution.
Seriously guys, -ve reps for offering to help? Whats wrong with you?
Seriously guys, -ve reps for offering to help? Whats wrong with you?
Canuck
02-16 09:11 PM
Pls dont forget! More than US needing U, U need US. They get immigrants via temporary visas all the time to fulfill their needs. So, they dont actually need U to be a permanent resident here. So, walk out if u dont like their policy (which u r wrongly calling Divide and Rule by the way) or abide by it and wait.
Really? If all 500K of us waiting in line were to resign the same day and walk out of the country, the U.S. would be reeling from our loss.
It's people like you that perpetuate this "Yes sahib" mentality. How did these Americans become successful? They walked into the North American continent, hacked down all the natives and acted as if they owned the place. While I would hope that we are beyond the barbarous hacking and killing phase, we too should walk into this land and act like we own it. Folks like you that bow their heads down to their American masters and accept every knock that falls upon it with a smile on their face are the exact kind of meek individuals that the Americans are looking for - one who will not question any law as unjust and jump to it.
If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."
Learn to stand up for yourself and question authority or remain subjugated under tyranny for the rest of your life - the choice is yours, Mr. Venkatappa.
Really? If all 500K of us waiting in line were to resign the same day and walk out of the country, the U.S. would be reeling from our loss.
It's people like you that perpetuate this "Yes sahib" mentality. How did these Americans become successful? They walked into the North American continent, hacked down all the natives and acted as if they owned the place. While I would hope that we are beyond the barbarous hacking and killing phase, we too should walk into this land and act like we own it. Folks like you that bow their heads down to their American masters and accept every knock that falls upon it with a smile on their face are the exact kind of meek individuals that the Americans are looking for - one who will not question any law as unjust and jump to it.
If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."
Learn to stand up for yourself and question authority or remain subjugated under tyranny for the rest of your life - the choice is yours, Mr. Venkatappa.
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