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aachoo

05-09 10:05 PM

For god's sake, if you intend to send hundreds of emails and letters and call yourselves highly skilled immigrants, can you take the time to have your letter proof read by someone? If not anyone, at least by Microsoft Word?? I start reading the text of some of the emails and shake my head at some of the gobbledegook you are spewing. It is counter productive to say the least.
-a

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Pop sensation Lady Gaga — up

tonyHK12

02-14 01:29 PM

Thanks indigokiwi, shrma, mp70, hx82, gcgonewild, phigi, chichannagri, ravi.shah, neil.0505, subho, Hopeful567, princeusa2006, sanatshah for your contributions. Tracker is at 6%.

Amount raised................$3,300.00
Contributions needed.....$46,700.00
.
.

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man-woman-and-gc

09-17 12:35 AM

Good Job Folks...keep the pledges coming.

And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.

Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...

For now..we are moving forward...and that's what counts at the end of the day.

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apb

09-07 06:06 PM

Scene at Consulate
IO:--> Dear applicant, You can apply for a long process to getting your PR/GC and here are the deals. Apply with high fees. Get RFE answered within limited time frame or loose. Wait for labor (go through labor pain..:-) ), do not get/expect promotion, Oh ya get your well educated spouse, Make them sit at home, make them feel unproductive, pay all your taxes, pay your social security BUT do not expect anything back, In the process if your kids age out separate them from you (send them back), If you wish to study pay highest fees, if you get promoted stand in queue again, pay frequent medical fees, AP, EAD fees, and yes YOU can always TRACK RNs for them. You can whine, post your opinions, when we change policies on the fly and create more hardships even if you have stayed here for more than 6 years, you can call up our customer service, be imaginative and get to level 2 and still get yelled at, asked to wait for 90 days (std reply), etc, but you can always go to good forum like IV and instead of working on your cause, create confusion, DEMAND action, not contribute....etc.

H1B applicant:--> SO WHAT IS THE CATCH.

IO:--> YOU THA MAN. Welcome to USA. Land of the free home of the brave. But for you there will be no freedom and for your type..stay in fear.
---------------------

Hope one more catch the vision of IV

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gc_maine2

04-21 08:12 PM

Sorry to see this news, May his SOUL rest in peace.. my prayers are for his family... This is a very shocking news.

Guys,

I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008

Admins, please close/archive this thread. It's painful

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nag2007

12-16 09:34 PM

I came here in 2000 and applied for GC in 2003(Nothing much Happened to it). Moved to different Company in March 2005 and applied for GC before PERM started. After that Applied for RIR conversion in JAN 2007 and my bad luck, the Labor did not get cleared before Auguat 17th and Company did not apply in PERM and Almost all of them got EAD and i am left behind. I am in this country for close to eight Years and not even signs of EAD.

On top of it, I applied H1b for my Wife this year and the quota was over on the first Day. She has PHD in Computer-science and did not get H1. What a mess ? And what kind of life i am leading here...

Thinking of all these things, I feel so frustated...
I am just waiting for PD to be 2005 and then apply for I-485 ? (Sucks Man..)

I am the worst Unluckiest Person on this whole earth....

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bayarea07

02-03 04:08 PM

Another thing i have found out here among many groups of indians here is that they are trying to do what others are doing in their group so if others are not returning back then there are also not probably returning back.

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dingudi

02-05 11:38 AM

No FP yet for me too.July 2 filer. Application at TSC.

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rpulipati

10-08 01:01 PM

PD should be established on the first labor application.

I feel this is more practical than number of years in US.

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smuggymba

07-21 08:22 AM

My question is, what will happen after that?

IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.

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BECsufferer

05-09 11:53 PM

However, please understand, we are asking for "fair" and "equitable" treatment for those who are already inside the country and devoted sufficient time of their life here. To me this means "justice." I can very well relate to your desperation and anger, but please don't react emotionally. The legal or technical fact remains that no-one guranteed us GC and truth of the matter is most of us said "No" when immigration officer asked " do you have plans to settle in State?" So their is no question of equitable treatment.

... it is possible that EB Indians are targeted by this administration. Infact in good times of this country we have done it a lot of favor instead of our home country. Now is the time to ask for "rights" for our contribution.. No Sir, I can't say thier is conspiracy as I know of none. As of us doing favor? ... is completly wrong, we all knew what and why we are coming here for. Had we had better choice we would have opted for that. Let's be honest to ourselves.

...So is it something that immigration is privilege when they need it and then chuck us out when they dont? Are you upto accepting that we are commodities to be used and thrown when they like? That my friend is captilism and welcome to USA. No I am not going to accept, but I am also not going to wave my fist in air and cry in-justices.

I am sorry to sound rude and know you must be going thru a lot and this news made things worst for you, as they did for all of us. But lets also accept the truth and believe me, things will change .... they will, when? I don't know but they will. Just don't lose hope.

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gc_aspirant_prasad

07-09 11:58 AM

I ve sent the pdf to my local newspapers. She is interested in doing the story.
Pls call & talk to her : kcollins@newsobserver.com

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Vipps

07-20 02:43 AM

$100 ,Please work out the financial-mechanics as well.....Ready to contribute more in coming months if the objective of this thread is not accomplished in this drive.

I will be doing R2I sooner, yet i feel guilty after reading that article.

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s_r_e_e

08-29 05:01 PM

What a unfair system?

Change title to - What AN unfair system :D:D:D:D

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diljit123

08-20 07:28 PM

Guys:

For all those who are waiting...I would suggest one more thing, if your file is not touched. My lawyer had sent an email to NSC on Aug 2. I believe that along with my SR might have done the trick.....Sheela Murthy was my lawyer....that too might have helped....Who know what works....but we can all try.....Hope all who are stuck, get their GC by end of this month.

Take Care

I suspect you are right. Even my lawyer kept the memo ready sent it out on Aug 01 requesting a FP notice and instead i get a "card production" email. The lawyer had indicated that these memo do result in case movement and not many take advantage of the possibility.

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ssusarla

09-06 01:15 PM

Fellow people in line,

My 485 application was received by TSC on July 16th. Intrestingly there are threads that are tracking applicaitons from July 2nd to July 13th and July 17 to Aug 17th? What is wrong with 16th? Are there are one with the same receipt date here?

regards,
-Suresh

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Amitdon

08-31 11:55 AM

Can someone guide to start new thread ?

I know this is wrong thread but I need to ask somewhere.

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sunny1000

11-17 03:15 PM

Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?

Yes, just enter name, phone,email and your home address and it will find your senators and U.S Rep for your address.

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reedandbamboo

09-14 11:04 AM

I am a member of the Tri-State Chapter. I've been meaning to ask you, could you take a look at this letter and the posters and bring it to the attention of the Tri-State members?

Here it is: http://immigrationvoice.org/forum/showthread.php?t=21340&page=5

Could the rest of you'll following this thread bring these materials to the notice of your respective State Chapters?

Thanks all!

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leo4ever

02-20 09:00 PM

Your transaction ID for this payment is: 2ES10053VD0206641.
and also sent the email to IV.

I feel bad, i can not participate in the Advocacy days but i am spreading the word to all my friends.

-Leo

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silveroaks

02-13 04:55 PM

I have donated 50$ by check today and will try to make it there.
Question for the organizers: If we just concentrate on the visa recapture bill, is that not a one shot solution for all issues. Because as per a very respected lawyer, that will make all EB categories current and will stay there for at least 2 more years.

Thanks,

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Libra

08-20 12:38 PM

Dude, what makes you feel better? let me try, my case pd is Mar 18th 2005, RD july 2nd 2007 and ND July 28th 2007.
It is assigned to officer on 28th June, no issues with case, all are in place like name check, background check, finger prints valid till next year, officer touched my case on july 12th and 28th, no RFE sent so far as per IO and don't know why it is still sitting on officers desk. I did everything SR, 2 infopass, senators, congresswomen, Ombudsman, NSC follow up emails, SCOPSSCATTA email, nothing worked so far.

I think you will leave the boat before me, good luck.

Ha ha Congrats....

Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

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kg318

04-24 04:15 PM

Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.


i agree with u gc4me. he seems to be one among my employer's company. if u see, he has replied only for this post, nothing other than this post. except this issue, he doesn't seem to be interested in any other issues in this forum..earlier he said his friend paid $350 for evaluation of non compete and now he says he himself paid $350 to attorney. how can anyone be 9 yrs on
h1b. its only max of 6+ 7th yr extension. its not that i want to hear what i want to hear, but people come up here for genuine opinions of members here. so gcbikari(i doubt u r a desi emplyer), please dont use ur strategy of scaring the employees to death. that will spoil the whole essense of the forum.

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Justin Bieber and Selena Gomez

shana04

07-20 11:20 AM

Shana04,

We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.


Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)

Thanks !!!

I would be happy either way that I have contributed to IV, but would be even more happy if the fund is used towards a great cause.

Thanks,
Shana04

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Justin Bieber and Selena Gomez

redsox2009

11-17 04:09 PM

If Dream act becomes law, I will throw my visa documents and register my self as undocumented alien with undocumented birth certificate and get degree from a community college and get the visa.:D

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archanais

07-04 09:48 PM

When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.

I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).

Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.

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485Question

10-04 06:23 PM

Any applicant here who received the finger printing notices after Oct 1st.

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ramus

07-04 06:24 PM

Thanks for all doing all this..

Please visit following threads too..

http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
http://immigrationvoice.org/forum/showthread.php?t=5994



I have e-mailed the senators in Illinois.

Let's do following to keep this topic alive..

1) Please e-mail senators to your respective states. You can find the e-mail format from http://murthyforum.atinfopop.com/4/OpenTopic?q=Y&a=tpc&s=1024039761&f=1474093861&m=8821024251

2) We should have a rally to local USCIS offices.

3) We should inform Media well in advance about rally so we can get enough coverage.

4) We should contact Chinese groups for joining us in our mission.

This is not a single person mission. We should get to gather at this CRITICAL time.

Please don't let this fire go away.

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senthil1

01-30 02:26 PM

Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

H1b will not go dorment untill you change to H4.

Hi

I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

And if the H1 goes dorment then what can be done next?

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hiUS

09-11 10:27 AM

I did try to talk to customer care but it was of no help.
They tell me to wait for 30 days and sometime 60-90days.
They say you will become actual permanent resident when you get the card The card is important.
You now USCIS don�t know when they will change their minds.

To better be on safe side to get it stamped on my passport. I took info pass on 09-11-08 it will be almost 30 days,

let�s wait and see


approved on 8-12-08
NoWelcome notice Or Card

Hi GCEB2,

Please share you Infopass experience after you are done with it today. My case is exactly same as yours.

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ramus

06-05 01:29 PM

Guys please contribute now.. We need money..
Congrates to all who could file on June 1st..

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Justin Bieber and Selena Gomez

bluesky1

10-04 11:23 AM

This is really good news! I hope we all get cashed and receipted soon!

Hi,
I 485 reached Nebraska on 3rd July, received by F.Heinauer 11.14 AM. I140 approved by Nebraska. Checks encashed today by Nebraska. I think, atlast, they started digging the 2nd and 3rd july filers applications. Hang on guys we should be getting the reciepts soon.

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obviously

04-24 10:53 AM

Folks, it is time for the H1B community to grow up. Business is business. I am not a blood sucking deshi firm, or a silent partner. On the contrary, I happen to be a trained mediator, published author on conflict management and professional in strategy/organizations. My view is pretty simple: mathematical 'tit for tat' doesnt take you far. Build, nourish and manage relationships. Money and math are secondary. Its time to grow up.

MR. Obviously

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Sheetal_MA

05-01 07:00 PM

The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.

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ramus

07-08 05:57 PM

I was working on DC but so far just received 30 votes..

Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..


Hi,

I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.

Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.

I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.

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bpratap

11-17 03:30 PM

Done

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mpadapa

09-08 10:45 AM

Had a hard LUD on 9/5 for CPO EB3-I Jan 04 PD
RD: 7/21 (TSC)

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pvpb

09-26 02:51 PM

Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.

Venkat

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drirshad

05-06 03:54 PM

Use the letter to modify for our cause, May 14 is the start day for CIR discussion in Senate ......

http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]

U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION

CONTACT YOUR SENATORS TODAY

U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION

Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.

USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
2. a new worker program with worker protections and a path to citizenship; and
3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.

To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.

http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]

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hopefull_in_guam

02-05 07:06 PM

Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.

I always checked and read this site but this is my first post and your help would be greatly appreciated.

Thanks in advance.

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sparky_jones

09-23 04:20 PM

* is expected to move very slightly forward
* are expected to move slowly
* is expected to move very slowly
* is expected to remain unchanged
* to move very slowly forward

I love english. You can say the same thing in 10 different ways without hurting others.

-- He could have done it with just two words as "Forget it" and closed the meeting.
Very well said. There was very little new information, yet the use of language makes it look like several new and significant facts are being disclosed. True hallmark of Washington DC!

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xela

04-24 01:08 PM

I think the admin should respect the wishes of his friends and close this thread, it is causing pain for them.
If all of us agree that we need to help his family then lets open a new thread and make it about helping them, so his friends do not need to come back here and read his last words over and over again.

I am just trying to be sensitive to those that knew him.


Folks

Is there any link to contribute to help his family ??

Let me know please.

Bala

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solaris27

10-08 06:47 PM

only PD can solve problem

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rvurady14

08-11 10:45 PM

Priority Date - Jun 2006(EB2)
EAD Renewal Mailed - Jun 21, 2008 for me and my wife.
Received by USCIS - Jun 24,2008
Got the email today(Aug 11) saying 'Card production ordered' for both of us.

Don't know yet whether it is for 1 or 2 Year.

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“Tiger Woods: My Swing,”

gsc999

07-19 07:06 PM

Zoooom thanks for doing this. Anzerraja good work. You two work good as a team.

Twicetwice & Anzerraja, your generous pledge has inspired me to pledge $100 for now, more later.

We should merge all other threads dealing with this issue over here for convenience

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vbkris77

09-24 09:08 AM

By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.

Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.

The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.

EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.

Else it is your fate.. you know better what to do...

It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p

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Chris Rock

09-24 12:32 PM

Some do not like Porting; some do not like Spillover allocation. And some do not like the interfiling. Remember, interfiling is like porting too.

Porting is the law right now. It is not easy to change the law these days.

Even if the law is modified, people who already started the porting process will be grandfathered. Thousands of porting application will be filed before the modified law become effective. That is what happened during PERM introduciton.

My 2 cents.

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Golf-Tiger Woods Swing

TomTancredo

11-26 02:08 PM

Hello

I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?

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feedfront

08-26 02:19 PM

May be avoid and defer..

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Roger Binny

05-10 01:21 AM

GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.

GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.

H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.

Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.

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ushkand

09-11 12:37 PM

Hello friends,

I was wondering about the FP notice time frame. I had applied for 485/EAD/AP on July 2nd at NSC which later got transferred to TSC. Receipts indicate that notice date is 8/27.

I was wondering how many days does it take to get FP notice from the 485 notice date? data indicates that some of the TSC guys who have notice dates of 8/29 have already got their FP notices scheduled for mid september.

Thanks.

I got my receipt notice on last week and just received my FP notice yesterday. Going by my experience a week to 10 days between RN and FP notice.

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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).

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logiclife

10-08 06:00 PM

All EB categories will be current all the time. As soon as a I485 EB case is filed the visa number should be allocated to the first 8000 odd cases for that category based on the PD of application. If a new case is filed tomorrow with a old PD he will get the visa number and the last guys application will move to waiting list. At the beginning of the year all visa numbers are allocated and nothing is wasted, even if the case is having issues like RFE, FBI check, etc the applicant knows that once cleared he will get his GC.

Can you explain why you think the lawyers will laugh it off? Or is it just that you say it because someone is saying something which you don't agree with?

A clarification regarding the flower campaign. I said the AILA law suit and the congresswomen letter to the chief also had lot of weight. It is just not the flower campaign for your information, if you beleive so it is your opinion just like I have mine.

Again, you have this approach of "This should be done, that should be done" or "What is wrong with this...why not work like this to avoid waste and be more efficient etc etc".

I believe that you work for the Government. But I dont think you have talked to the government ever about fixing any of the issues. Big difference.

All the big brilliant ideas that we come up with, in our heads, are pretty much meaningless to administration and congress and they wont do it unless they have other reasons to do it.

You are like a person saying "What's wrong with doing assignment of visa numbers and then approving based FIFO..bla bla bla". Its like saying "What's wrong with passing electric current thru a tungsten filament in a glass ball of vaccum to create light". That is DIFFERENT from commercial production of electric bulb. That bridge - between and idea and its production - takes a lot of initiative and faces a lot of roadblocks.

I will give you an example, and since you work for Government, I believe you will understand this easily.

I was in a recent meeting with administration officials along with our lobbyist and 4 other IV members. One of the issues, that is purely and administrative issue and doesnt need congressional act is In country visa revalidation. Prior to 2002, St. Louis had an office where you can mail your passport for restamping after H1 extensions and dont have to travel out of country. We asked them why that cant be restarted.(just like your style of why this cant be done and why that cant be done, its so simple and makes so much sense...bla bla bla). You know what their reply was..."We dont have a problem in doing that, and the issue is not security. Its just that if we reject someone, that someone is already in USA and would drag the rejection thru an immigration lawyer, file motions for re-appeal and re-consideration, and take us to court...and we have to fight that and spend money from DHS coffers to do that. If we reject someone's visa stamp in Mumbai consulate, we dont have to worry about it as that someone cannot take us to court and its cheaper for us".

Now, WHO would have thought about that? You see what I am saying. Here we are, speculating that they stopped visa restamping in USA (St. Louis) because of security reasons. And the real reason is - An attempt by DHS to save money on litigation it would face from rejections. Could you have known or imagined that? And who would have found the answer from IV forums. If I had posted that question here on forums, would I ever know that? No. It takes effort just to know the answers to questions. And then it takes some more effort to suggest more solutions and answers to their concerns. And then some more effort to get it done once they agree.

Its very easy to sit in your cubicle and spin brilliant ideas out of your head and say "Why cant that happen?" and "Why cant this be done like that and like that?".

And all your ideas are brilliant and they all have answers too. But sitting on IV forums and posting brilliant ideas isnt worth a bucket of warm spit if you are not willing to go out, travel and talk to people in authority and run your ideas and requests with them.

And yes, talking about donkeys and horses, the problem isnt that I am expecting wrong things from the wrong animals. The problem is that donkeys expect to be treated like horses not because they can run fast like horses but because they think they can run as fast as horses.

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FinalGC

07-09 02:06 PM

Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

Answer is NO.

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gcsomeday

06-26 06:13 PM

record conversatios with these jack ass employers. It is surprising how much crap and illegal things they tell and do during negotiations. Not sure about the legality, would not harm if you dont use it. We keep seeing news on people getting screwed and then when outed the victim is not usually screwed by the system again.

Also, I wonder if any employment contract not tied to any reasonable time estimate( like 485 - who knows when we will get it) will hold.Its akin to slavery.

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abracadabra

07-07 02:34 PM

Is it happening today?? There is no media coverage

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Edison99

02-01 02:10 PM

asdcrajnet, very sorry to hear but good luck with your new efforts and live peacefully!!!

Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

Good Luck to everybody!!

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chi_shark

07-10 02:44 PM

i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.

As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"

How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.

I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.

.

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akhilmahajan

04-23 11:38 AM

My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?

As per the Yates memo, we are covered once 180 days have passed since filing 485.

If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.

Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.

So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.

I hope it helps.

GO IV GO. TOGETHER WE CAN.

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gk_2000

02-17 03:12 PM

I would prefer if you didn't edit my replies. Of course its each persons preference to think his posts are ideas and others are rants.
Lets delete posts that are not relevant to this thread.

My friend, there is a LOT of difference between the words "rant" and "idea". It is very difficult to confuse between the two:

rant (rnt)
v. rant�ed, rant�ing, rants
v.intr.
To speak or write in an angry or violent manner; rave.
v.tr.
To utter or express with violence or extravagance: a dictator who ranted his vitriol onto a captive audience.
n.
1. Violent or extravagant speech or writing.
2. A speech or piece of writing that incites anger or violence: "The vast majority [of teenagers logged onto the Internet] did not encounter recipes for pipe bombs or deranged rants about white supremacy" (Daniel Okrent).
3. Chiefly British Wild or uproarious merriment.

Also:
rant [r�nt]
vb
1. to utter (something) in loud, violent, or bombastic tones
2. (intr) Chiefly Scot to make merry; frolic
n
1. loud, declamatory, or extravagant speech; bombast
2. Chiefly Scot a wild revel
3. Scot an energetic dance or its tune
[from Dutch ranten to rave; related to German ranzen to gambol]
ranter n
ranting adj & n
rantingly adv


i�de�a (-d)
n.
1. Something, such as a thought or conception, that potentially or actually exists in the mind as a product of mental activity.
2. An opinion, conviction, or principle: has some strange political ideas.
3. A plan, scheme, or method.
4. The gist of a specific situation; significance: The idea is to finish the project under budget.
5. A notion; a fancy.
6. Music A theme or motif.
7. Philosophy
a. In the philosophy of Plato, an archetype of which a corresponding being in phenomenal reality is an imperfect replica.
b. In the philosophy of Kant, a concept of reason that is transcendent but nonempirical.
c. In the philosophy of Hegel, absolute truth; the complete and ultimate product of reason.
8. Obsolete A mental image of something remembered.

Source: Dictionary, Encyclopedia and Thesaurus - The Free Dictionary (http://www.thefreedictionary.com)

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Ushakiran

05-10 01:28 PM

Apparently, that guy is from ROW, and pretend being an Indian. otherwise, why he does not know India itself is a huge country with so many different languages, cultures, etc? isn't that diverse enough?

EB based GC should NOT have Quota (.) We are already IN the system. How will it effect diversity. Diversity visa are meant for divesrsity. EB is skill based and only skill should be cared for,

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acecupid

07-03 01:29 PM

still valid link

http://www.ftd.com/350/catalog/product.epl?product_id=F488
http://www.proflowers.com/landingSearch.aspx?pageid=Search&REF=FGVSRCHgoogskwd+online+flowers&NoExitPopup=Y&matchtype=search&KEYWORD=online+flowers&adtext=761026040&network=google

any vendor is fine. its a token of protest

I think its important to mention this is a protest of the actions done by them, otherwise the morons might think we are appreciating their work..


Please make sure this is a protest and your message should convey that. I'm sure the morons would think otherwise if we dont make it clear to them.:D

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ita

11-01 04:17 PM

Per my lawyer,

1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.

You are not informing USCIS about it .
So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
what do you mean by invoking ?

Thank you.

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