msp1976
02-11 12:39 PM
There is some massive confusion here. The Immigration and Nationality Act also says the following for EB3
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
-Quote
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
-End Quote
Read the term "Not to exceed 28.6 percent". So EB3 can't exceed 28.6 percent which means unused visas from EB2 cant all go to EB3. Since EB2 ROW is current, the unused EB2 visas should be coming to EB2 India & china as per AC21 law.. no?
We shouldn't assume that USCIS is too dumb to follow the law..
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
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msyedy
02-14 11:12 AM
Anand's post
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
Good man, true... people who have contributed and have not seen any results. I was searching for Logiclifes post where he mentioned
"It is time that IV shows some results", I will search and put it on my another post.
Anai mentions about Gandhi giri. He/she claims fighting for GC is the same as Independence.
"Waik up". You can't go on the streets and say this is our right (get GC) and fight for it. India was and is our country that is why we did it.
People will curse me now, would say why I am still hear if I am against.
I am against the policy, the strategy being used. IV said asking for 90000 unused visa numbers will add more controversy and It will be difficult to pass in the approp bill.
Lot of members did not agree, we went for I-485 because IV mentioned
this is the only thing that can be pushed easily.
Now when they see a chance to push for Schedule A worker visa increase, we start pushhing for visa numbers.(1-485 gone now)
Think for a while that there might be so many organizations supporting illegal immigrants that has plenty of money and are unable to pass anything.
They protested on the streets..president pushed for a reform and what happened. Most lawmakers do not have any Idea about legal issues,
so these law makers can and will only attach our reforms to the comprehensive bill.
Why can't people think in a broader prespective.
So why we bother now and say we are pushing for this ... that ... and when we could not get any results we hear from IV that the text of the bill is decided way in advanced.
Anand's post -- True
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership.
When leaders change their stand often then it is a problem
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
Good man, true... people who have contributed and have not seen any results. I was searching for Logiclifes post where he mentioned
"It is time that IV shows some results", I will search and put it on my another post.
Anai mentions about Gandhi giri. He/she claims fighting for GC is the same as Independence.
"Waik up". You can't go on the streets and say this is our right (get GC) and fight for it. India was and is our country that is why we did it.
People will curse me now, would say why I am still hear if I am against.
I am against the policy, the strategy being used. IV said asking for 90000 unused visa numbers will add more controversy and It will be difficult to pass in the approp bill.
Lot of members did not agree, we went for I-485 because IV mentioned
this is the only thing that can be pushed easily.
Now when they see a chance to push for Schedule A worker visa increase, we start pushhing for visa numbers.(1-485 gone now)
Think for a while that there might be so many organizations supporting illegal immigrants that has plenty of money and are unable to pass anything.
They protested on the streets..president pushed for a reform and what happened. Most lawmakers do not have any Idea about legal issues,
so these law makers can and will only attach our reforms to the comprehensive bill.
Why can't people think in a broader prespective.
So why we bother now and say we are pushing for this ... that ... and when we could not get any results we hear from IV that the text of the bill is decided way in advanced.
Anand's post -- True
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership.
When leaders change their stand often then it is a problem
swamy
11-19 02:19 PM
I thought SPCL too documented his lies very well. As I said earlier, some people are shameless and lack common decency - it's worse when they have a tv show to boot! They keep repeating discredited theories and lies ad-nauseum until the opposition tires out and gives in
2011 from the film #39;Enchanted.#39;
Chanda
08-12 12:59 PM
Done..
more...
SGP
03-31 05:05 AM
$$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
Dear IV Members,
If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.
For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)
waitingGC
01-31 10:46 AM
From what I understand, once the law comes in to affect, labor substitution will no longer be allowed so desi companies can't sell labors anymore. But the 2nd part of the puzzle was that approved labor will only be valid for X number of days (like 45 days as originally proposed) and I am not sure if this impacts the existing labors or not. 45 days expiration may only apply to new labors but no details has emerged yet so we'll have wait and see when the details come out. If it also applies to existing labors then we are home free because after the expiry date, all labors will automatically be canceled. Well, let's wait the for the fine details to come out first.
If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?
If this law does not apply to existing labors, we will still be in the same situation. BTW, what is a desi company. How come it can sell labors? Is selling labor legal?
more...
smartboy75
09-29 11:42 AM
Was the H1B through a body shopper? I"ve heard of reopening all old cases of a company if they find a dubious H1B sponsorship, or if a company gets blacklisted.
If your company is solid and your case is genuine... you probably have nothing to worry about.
The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....
If your company is solid and your case is genuine... you probably have nothing to worry about.
The H1B which was approved a year ago and has now been re-opened was not with a body shopper but an US Insurance firm....They had the best of lawyers and company is still going strong....
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sc3
08-13 05:52 PM
D. VISA AVAILABILITY FOR OCTOBER
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
This is really bad news indeed. USCIS is screwing us up big time. How can they see a demand for the numbers when there is no one applying for the past 3 months?
The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September.
This is really bad news indeed. USCIS is screwing us up big time. How can they see a demand for the numbers when there is no one applying for the past 3 months?
more...
chanduv23
01-31 04:48 PM
confused now
Maybe we must sign a petition with a lot of signatures and present it to USCIS
Maybe we must sign a petition with a lot of signatures and present it to USCIS
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p1234
10-04 02:52 PM
gctest is a perfect jackass, think he is also a complete fraud.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
more...
B3NKobe
05-30 11:29 PM
OOps my bad.... i read it as June for some reason. Still dont know if i want to do this or not.
lol, I as going to say!!
lol, I as going to say!!
hot Buy Princess Enchanted Tales:
nrk
10-29 05:53 PM
Also for me as well
caliguy
Could you please send me the letter that you sent to Sec. NAPOLITANO-. My e-mail address is rongch60@gmail.com.
Thank you.
Ron
caliguy
Could you please send me the letter that you sent to Sec. NAPOLITANO-. My e-mail address is rongch60@gmail.com.
Thank you.
Ron
more...
house Disney#39;s Enchanted glows
ganguteli
05-14 12:15 PM
Guys stop giving respect to this low life Nitinboston. He is an anti-immigrant hiding on our site for past one year reading all posts and reporting to his bosses. Now suddenly his rat fraternity boss asked him to do go the Lion's den and Roar. But he could not and his rats behind got nailed by PresidentO and QAslueth etc.
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gk_2000
04-18 03:57 PM
Hearty congratulations! Your story is most heart warming
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
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annsheila79
04-21 07:15 AM
Yes...it proves.
thanks for agreeing with me :)
thanks for agreeing with me :)
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GumI485
07-15 09:32 PM
Signed!!!
more...
makeup hit Disney movie Gisele,
casinoroyale
06-23 11:07 PM
sunilbhai,
What is the difference between Patriot America & Protection America other than 90/10, 80/20 option. From the comparision chart everything else looks the same. Patrior is slightly cheaper than Protection. One thing that I noticed is you can not renew Patriot if its bought <3months initially, however, Protection can be renewed. Any other good reasons for the price difference?
Thanks.
What is the difference between Patriot America & Protection America other than 90/10, 80/20 option. From the comparision chart everything else looks the same. Patrior is slightly cheaper than Protection. One thing that I noticed is you can not renew Patriot if its bought <3months initially, however, Protection can be renewed. Any other good reasons for the price difference?
Thanks.
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StuckInTheMuck
04-30 03:48 PM
Good post I like it and I probably may follow most of these eventually but, if I think about it, it seems to me lot of stress. Maintaining records from past ten (GC)/fifteen (Citizenship) years is certainly a stressful activity. Except education certificates I never cared for anything in my home country. In spite of taking care of all this, if you get involved in an unfortunate event everything GC/Citizenship goes into vain and back to square one.
I am not trying to discourage or depress any one. It�s just a thought.
Appreciate your thought, thanks. Maintaining detailed documentation can be a big pain in you-know-where, particularly if I am asked to do it suddenly today (believe me, I am one of the world's leading disorganized blokes). Instead, if I begin to get organized early, the process eventually becomes incremental and stress-free. That is what I wanted to share here, the idea of getting organized early to have a smoother passage of time later (much like invest-today-afford-later philosophy). Unfortunate events are unpredictable, but that should not mean I ignore what I can control :)
I am not trying to discourage or depress any one. It�s just a thought.
Appreciate your thought, thanks. Maintaining detailed documentation can be a big pain in you-know-where, particularly if I am asked to do it suddenly today (believe me, I am one of the world's leading disorganized blokes). Instead, if I begin to get organized early, the process eventually becomes incremental and stress-free. That is what I wanted to share here, the idea of getting organized early to have a smoother passage of time later (much like invest-today-afford-later philosophy). Unfortunate events are unpredictable, but that should not mean I ignore what I can control :)
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Green.Tech
06-11 12:10 PM
Folks - We need to come together at this crucial time and light up those phone lines. Please call at your earliest convenience...
desi3933
01-28 03:52 PM
AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
wikipedia_fan
03-30 03:40 PM
I never got any LUDs but got a denial on my 485 after going through the AC21/NOID stuff way back in August, 2008.
There could be some background processing going on.
Is there are pattern to these LUDs?
There could be some background processing going on.
Is there are pattern to these LUDs?
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